How to Handle Racial Discrimination at Work
April 28, 2025
Workplace Harassment
Randy Ai
April 28, 2025
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Workplace bullying is a serious issue that can affect employees’ mental health, job performance, and overall well-being. In Ontario, employees are legally protected from workplace harassment and bullying under the Occupational Health and Safety Act (OHSA). If your employer fails to stop the behavior, you have legal options to protect yourself and take action.
Workplace bullying is defined as repeated, unwelcome behavior that humiliates, intimidates, or undermines an employee. It can come from managers, co-workers, or even clients. Some examples include:
• Verbal abuse – Yelling, insults, or derogatory comments.
• Threats or intimidation – Making someone feel unsafe or unwelcome at work.
• Exclusion or isolation – Deliberately leaving someone out of meetings or team activities.
• Sabotaging work – Withholding important information or setting someone up for failure.
• Spreading rumors – Gossiping about an employee to damage their reputation.
• Unfair treatment – Assigning impossible workloads or setting different standards for certain employees.
• Cyberbullying – Harassment through emails, messages, or social media.
Yes. In Ontario, workplace bullying is considered a form of workplace harassment, which is prohibited under the Occupational Health and Safety Act (OHSA). Employers are legally required to:
• Have a workplace harassment policy in place.
• Conduct proper investigations into complaints.
• Take appropriate action to stop the bullying.
1. Document the Bullying
Keep a detailed record of every bullying incident
2. Report the Bullying Internally
Speak to your manager or HR – Most employers have a process for reporting workplace harassment.
3. Escalate the Issue If Necessary
If your employer fails to act or the bullying continues, you have the right to take legal action.
• File a Complaint with the Ministry of Labour
If your employer does not take bullying complaints seriously, you can report the issue to the Ontario Ministry of Labour. They will investigate whether your employer is complying with workplace harassment laws.
• File a Human Rights Complaint
If the bullying is based on race, gender, disability, religion, or other protected grounds, you may have a case for workplace discrimination. In this case, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO).
• Consider Constructive Dismissal
If the bullying creates a toxic work environment and your employer refuses to stop it, you may be able to claim constructive dismissal. This means that the bullying made your workplace so unbearable that you were essentially forced to quit. You may be entitled to severance pay and damages.
• Seek Legal Advice
An employment lawyer can help you explore your legal options and determine the best course of action. Many lawyers offer free consultations for workplace harassment cases.
Workplace bullying should never be tolerated. If you’re facing persistent bullying at work, you have legal rights and options to protect yourself. Start by documenting the incidents, reporting them, and seeking further action if necessary. No one should feel unsafe at work, and the law is on your side. Please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.
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