Sexual Harassment — Ontario Employment Law
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About Sexual Harassment
Sexual harassment is a pervasive and serious issue in Ontario workplaces, constituting a form of sex-based discrimination. It is explicitly prohibited by Ontario's Human Rights Code (OHRC) and is also addressed under the Occupational Health and Safety Act (OHSA). The OHRC defines sexual harassment as engaging in a course of vexatious comments or conduct because of sex, sexual orientation, gender identity, or gender expression, where the conduct is known or ought to be known to be unwelcome. This can include unwelcome sexual advances, requests for sexual favours, sexually charged jokes, displaying offensive images, or inappropriate physical contact. Importantly, a single, severe incident can also qualify as sexual harassment if it has a lasting and harmful impact on the work environment.
Employers in Ontario have a dual responsibility. Under the OHSA, they must establish and maintain a workplace harassment policy, including a process for reporting and investigating incidents. Failure to investigate a complaint properly can lead to significant liability. Under the OHRC, employers have a duty to maintain a workplace free from discrimination and harassment. If an employer is aware of sexual harassment and fails to take prompt and effective action, they can be held responsible for creating a 'poisoned work environment.' This is an environment that has become hostile or intimidating due to the harassment. For an employee who is a target of such behaviour, the consequences can range from emotional distress to feeling forced to resign, potentially leading to a constructive dismissal claim. Because the legal pathways and potential remedies depend heavily on the specific facts of a situation, understanding your rights often requires a careful analysis of the events and the employer's response.
Frequently Asked Questions
What legally counts as sexual harassment in an Ontario workplace?
Under Ontario's Human Rights Code, it includes any unwelcome comments or conduct related to sex or gender that are vexatious. This can range from inappropriate jokes and displaying offensive material to unwanted touching and sexual solicitations. A single serious act can be enough to qualify.
Do I have to report sexual harassment to my HR department?
While you are not legally obligated to report to HR, it is often a necessary first step. Your employer has a duty to investigate under the Occupational Health and Safety Act once they are aware of a complaint. Reporting creates a record and triggers this duty.
Can I be fired for reporting sexual harassment?
No. It is illegal for an employer to retaliate against you for raising a human rights complaint or enforcing your rights under the OHSA. This is called a reprisal, and it is a separate offence under both the Human Rights Code and the OHSA.
What is the time limit for filing a sexual harassment claim in Ontario?
You generally have one year from the date of the last incident of harassment to file an application with the Human Rights Tribunal of Ontario (HRTO). For civil court actions like constructive dismissal, you typically have two years.
Can a single joke or comment be considered sexual harassment?
While sexual harassment often involves a 'course of conduct,' a single, serious incident can absolutely be sufficient. If a comment or action is severe enough to create a hostile or poisoned work environment on its own, it can meet the legal definition.
Can I sue my company if my coworker sexually harassed me?
You can't sue your coworker directly for harassment in civil court, but you can hold your employer accountable. Your employer has a legal duty to provide a harassment-free workplace. If they failed to prevent the harassment or did not respond appropriately, you can file a human rights application against both the harasser and the company.
When should I contact a lawyer about workplace sexual harassment?
You should consider contacting an employment lawyer if the harassment is severe, your employer has ignored your complaints or investigated them improperly, or if you have faced any form of retaliation for reporting the issue. A lawyer can help you understand your options, including filing a human rights claim or pursuing a constructive dismissal case.
Common Scenarios
- A supervisor repeatedly asks a subordinate employee on dates and makes comments about their clothing, creating a power imbalance and an uncomfortable work environment.
- A group of employees circulates sexually explicit memes and jokes in a company-wide chat channel, causing a colleague to feel ostracized and creating a poisoned work environment.
- After an employee reports being sexually harassed by a major client, their manager tells them to 'develop a thicker skin' and takes no action.
- At a company holiday party, a senior executive becomes intoxicated and makes unwanted physical contact with a junior employee.
- An employee is denied a promotion shortly after rejecting their manager's sexual advances, suggesting a quid pro quo situation.
What You Should Know
- Document every single incident of harassment in a private log. Include the date, time, location, what happened, what was said, and any witnesses.
- Review your employer's workplace harassment policy. This document, required by the Occupational Health and Safety Act, outlines the formal steps for making a complaint.
- If you feel safe to do so, clearly inform the harasser that their conduct is unwelcome. An email or text message can create a clear, time-stamped record of your objection.
- Preserve all evidence, including offensive emails, text messages, screenshots of chats, and notes from witnesses.
- If your employer's response to your complaint is inadequate or you face punishment for reporting, you should speak with an employment lawyer to protect your rights and explore legal remedies.
Featured Cases
Incognito v. Skyservice Business Aviation Inc.
2022 ONSC 1795 (CanLII) · 2022-03-22Sexual Harassment: Vicarious Liability Struck Under Ontario Human Rights Code
A motion to strike a claim for vicarious liability for sexual harassment under the Ontario Human Rights Code was granted, as the court found no independent tort of sexual harassment and section 46.3 of the Code excludes vicarious liability. Leave to amend the claim for monetary compensation under section 46.1 was denied for the vicarious liability claims but allowed for other Code infringements.
Render v. ThyssenKrupp Elevator (Canada) Limited
2019 ONSC 7460 (CanLII) · 2019-11-27Sexual Harassment and Wrongful Dismissal: 30-Year Employee Awarded 24 Months Notice
A wrongful dismissal case involving a long-term employee (30 years) who was dismissed for cause due to sexual harassment. The court applied the McKinley v. BC Tel framework to assess the proportionality of the dismissal and determined the reasonable notice period at 24 months. The case also involved concerns over the employer's trial conduct, including a breach of witness exclusion order.
Badreddine v. Shapovalov
2019 ONSC 4914 (CanLII) · 2019-08-26Sexual Harassment Case: Employer's Conduct and Damages Awarded
A case involving sexual harassment and attempted drugging by an employer, resulting in emotional distress and PTSD for the plaintiff. The court awarded damages for general harm, loss of competitive advantage, and costs, but declined to award punitive damages.
Watson v. The Governing Council of the Salvation Army of Canada
2018 ONSC 1066 (CanLII) · 2018-02-26Sexual Harassment Claims and Employment Termination in Watson v. Salvation Army
A wrongful dismissal case involving sexual harassment claims. The court addressed the jurisdiction over claims of sexual harassment, the scope of a full and final release, and procedural fairness in summary judgment proceedings.
Lancia v. Park Dentistry
2018 ONSC 751 (CanLII) · 2018-02-07Constructive Dismissal: Employee Resigned Due to Unilateral Changes and Sexual Harassment
A constructive dismissal case where an employee resigned due to unilateral changes in employment terms, vacation pay deductions, and sexual harassment. The court found the employee's resignation voluntary and did not establish constructive dismissal. The employer was ordered to reimburse wrongfully deducted vacation pay.
Colistro v Tbaytel
2017 ONSC 2731 (CanLII) · 2017-06-16Constructive Dismissal: Poisoned Work Environment Due to Sexual Harassment
A constructive dismissal case where the plaintiff alleged that the employer's actions, including the hiring of a former supervisor with a history of sexual harassment, created an intolerable work environment and a poisoned workplace, leading to the plaintiff's mental health deterioration. The court will assess damages and determine if the City of Thunder Bay is vicariously liable for Tbaytel's actions.
Silvera v Olympia Jewellery Corporation
2015 ONSC 3760 (CanLII) · 2015-06-16Workplace Harassment and Wrongful Dismissal: Employer Liable for Damages
A wrongful dismissal case where an employee was dismissed after reporting workplace harassment and sexual assault. The court found the employer liable for wrongful dismissal and awarded damages, including aggravated and punitive damages. The case also involved sexual assault and racial harassment claims, with the employer found vicariously liable. The court also awarded damages under the Human Rights Code and the Family Law Act.
O’Reilly v. Purolator Courier Ltd.
2014 ONSC 3266 (CanLII) · 2014-07-03Workplace Harassment: Summary Judgment Dismissed in O'Reilly v. Purolator
A summary judgment motion was dismissed in a case involving the termination of employment due to sexual harassment and criminal conduct by a fellow employee. The court found genuine issues requiring a full trial regarding the scope and enforceability of the releases signed by the plaintiffs upon termination, and whether the employer can be held vicariously liable for the misconduct.
Ciardullo v. Premetalco Inc.
2009 CanLII 45445 (ON SC) · 2009-09-03Wrongful Dismissal: Discovery of Sexual Harassment Complainant as Corporate Witness
A wrongful dismissal case where the employer fired an employee following an investigation into sexual harassment allegations. The plaintiff sought to examine the sexual harassment complainant as the employer's representative during discovery, raising issues about the appropriateness of the selected witness and the balance between the plaintiff's right to discovery and the complainant's claims of oppression and lack of authority to bind the corporation.
Veri v. Mill Creek Motor Freight LP
2009 CanLII 35723 (ON SC) · 2009-07-02Workplace Sexual Harassment Claim Dismissed as Precluded by Human Rights Code
A case involving claims of sexual harassment and battery by an employee against her employer. The plaintiff's claims for sexual harassment were dismissed as precluded by the Canada Human Rights Code, and her battery claim was dismissed as statute-barred under the Limitations Act, 1990.
Bent v. Olympia Tile International Inc.
2008 CanLII 51926 (ON SC) · 2008-10-10Constructive Dismissal: Sexual Harassment Claims and Vicarious Liability
A constructive dismissal case involving sexual harassment allegations, where the plaintiff claimed the employer failed to address the harassment, leading to constructive dismissal. The court addressed whether sexual harassment can support claims for constructive dismissal and vicarious liability, and also dealt with procedural issues including striking pleadings and granting a stay of proceedings.
C.R. v. Schneider National Carriers, Inc.
2006 CanLII 532 (ON SC) · 2006-01-10Wrongful Dismissal: Employee Terminated for Sexual Harassment Allegations
A wrongful dismissal case where the plaintiff was terminated for alleged sexual harassment and misconduct. The court found the employer's investigation into the allegations to be procedurally unfair and ruled that the plaintiff was entitled to three months' notice of termination, with damages calculated at $15,788.75.
K.B. v. T.O.
2005 CanLII 38099 (ON SC) · 2005-10-21Sexual Harassment Case Involving Employer Liability and Fiduciary Duty
A case involving sexual harassment by a supervisor, resulting in a poisoned work environment, and addressing employer liability for the supervisor's actions under a fiduciary duty. The case also touches on limitations related to public authorities, specifically a school board.
Villeneuve v. Korjus
2004 CanLII 882 (ON SC) · 2004-06-30Workplace Discrimination: Sexual Harassment Case in Education Sector
A workplace discrimination case involving sexual harassment by a superintendent in an educational setting. The case also addresses issues of res judicata and estoppel related to prior discipline history.
Fleming v. Ricoh Canada Inc.
2003 CanLII 2435 (ON SC) · 2003-12-10Wrongful Dismissal: Sexual Harassment and Just Cause Termination
A wrongful dismissal case involving a plaintiff terminated for alleged sexual harassment and breach of Ricoh's harassment policy. The court assessed whether the employer established just cause for termination under common law and company policy, and whether procedural fairness obligations were met. The employer's investigation corroborated the harassment complaints, and the court found that the misconduct met the statutory definition of willful misconduct, barring termination pay. The termination process was deemed respectful and humane, and no Wallace damages were awarded.
McKelvey v. D'Ercole
2003 CanLII 49381 (ON SC) · 2003-10-20Sexual Harassment Case: Civil Action Stayed to Avoid Multiplicity of Proceedings
A case involving sexual harassment by an employer, where the plaintiff initiated both a human rights complaint and a civil action based on similar facts. The court granted a stay of the civil action to avoid multiplicity of proceedings and potential double recovery, prioritizing the human rights complaint as it was initiated first.
Alleyne v. Gateway Co-operative Homes Inc.
2001 CanLII 28308 (ON SC) · 2001-10-29Wrongful Dismissal: Sexual Harassment Allegations and Just Cause Determination
A wrongful dismissal case involving allegations of sexual harassment by a subordinate against a supervisor. The court examined whether the employer met the burden of proving just cause for dismissal and whether the plaintiff's conduct constituted sexual harassment under workplace standards. The case also addressed whether the plaintiff was entitled to progressive discipline before dismissal and whether the conduct violated the obligations inherent in the employment relationship.
Khalil v. Ontario College of Art (No. 3)
2000 CanLII 49323 (ON SC) · 2000-01-06Workplace Discrimination: Sexual Harassment and Reprisal Case
A workplace discrimination case involving sexual harassment by a supervisor and potential reprisal for refusing sexual advances. The case also addresses jurisdiction to award damages and whether delay constitutes an abuse of process.
Simpson v. Consumers' Assn. of Canada
1999 CanLII 14880 (ON SC) · 1999-03-12Constructive Dismissal: Unilateral Changes to Employment Terms
A constructive dismissal case where the plaintiff alleged the employer unilaterally reduced salary, vacation, and sick leave benefits, fundamentally altering the terms of employment. The case also involves a termination for cause claim based on allegations of sexual harassment and oppressive conduct, as well as a bad faith dismissal claim seeking extended notice under Wallace v. United Grain Growers Ltd.
Byer v. Himark Enterprises Inc.
1998 CanLII 14742 (ON SC) · 1998-12-02Wrongful Dismissal: President Terminated for Insubordination and Sexual Harassment
A wrongful dismissal case where the plaintiff, as President of a company, was terminated for alleged insubordination, sexual harassment, and dishonesty. The court examined whether the employer had just cause for summary dismissal, including the legal standards for wilful disobedience, sexual harassment, and credibility of witness testimony.