Workplace retaliation happens when an employer punishes or mistreats an employee for asserting their legal rights—whether it’s filing a complaint, reporting harassment, or requesting accommodations.

Retaliation can take many forms, from sudden job loss to subtle changes that make your work environment unbearable. Unfortunately, many employees fear speaking up because they worry about repercussions. However, retaliation is illegal in Ontario, and employees have legal protections under both the Ontario Human Rights Code (OHRC) and the Employment Standards Act (ESA).

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What Is Workplace Retaliation?

Retaliation occurs when an employer takes negative action against an employee because they exercised a legal right. Common reasons for retaliation include:

• Filing a complaint about workplace harassment, discrimination, or bullying.

• Reporting unsafe working conditions.

• Filing a human rights claim or a Ministry of Labour complaint.

• Requesting accommodations for a disability, pregnancy, or religious observance.

• Refusing to participate in illegal or unethical practices.

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Signs of Workplace Retaliation

Retaliation isn’t always obvious—it can range from blatant job termination to small but persistent changes that make your job harder. Here are some common red flags:

• Sudden Negative Performance Reviews

• Unjustified Demotion, Pay Cuts, or Job Changes

• Isolation or Exclusion

• Increased Hostility or Micromanagement

• Wrongful Termination or Forced Resignation

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Your Legal Rights: Protections Against Retaliation

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1. Ontario Human Rights Code (OHRC)

The Ontario Human Rights Code makes it illegal for an employer to retaliate against an employee for filing a discrimination or harassment complaint.

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2. Ontario Employment Standards Act (ESA)

The ESA prohibits employers from punishing employees for asserting their basic workplace rights, including:

• Refusing unsafe work.

• Filing an unpaid wages claim.

• Taking job-protected leave (e.g., maternity or sick leave).

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3. Occupational Health and Safety Act (OHSA)

Employees have the right to report unsafe work conditions without fear of retaliation. If your employer takes action against you for speaking up, you can file a complaint with the Ministry of Labour.

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What to Do If You’re Facing Retaliation

1. Document Everything: Keep a detailed record of Dates and times, what changed, and emails, messages, or performance reviews 

2. Report the Retaliation Internally: Submit a formal complaint in writing so there’s a record of your report.

3. File a Complaint with the Appropriate Authority: If your employer does not address the retaliation, you can file a complaint with: The Human Rights Tribunal of Ontario (HRTO), The Ministry of Labour, or The Ontario Labour Relations Board.

4. Seek Legal Advice

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Free Consultation with Ottawa Employment Lawyers 

Workplace retaliation is illegal and unacceptable. Retaliation can be stressful, but you are not powerless. By knowing your rights and taking action, you can hold your employer accountable and protect your career. 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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