Microaggressions are subtle, often unintentional comments or actions that reinforce stereotypes or biases about a person’s identity—such as their race, gender, age, disability, or sexual orientation. While they may seem minor, repeated microaggressions can create a hostile work environment and contribute to discrimination.

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What Are Microaggressions?

Microaggressions are subtle behaviors, statements, or actions that communicate negative or stereotypical assumptions about someone’s identity. They are often unintentional but can still be deeply harmful.

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Types of Microaggressions in the Workplace

Microaggressions can take many forms, but they generally fall into three categories:

1. Micro assaults: More direct, intentional forms of discrimination disguised as “jokes” or “harmless” 

2. Microinsults: Subtle verbal or non-verbal slights that demean a person’s identity.

3. Microinvalidations: Comments or actions that dismiss or negate someone’s lived experience.

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Why Are Microaggressions Harmful?

• They Contribute to a Hostile Work Environment: Repeated microaggressions can create a toxic workplace culture, making employees feel unwelcome or undervalued.

•They Lead to Mental and Emotional Stress: Experiencing microaggressions can cause anxiety, depression, and decreased job satisfaction.

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• They Can Result in Legal Consequences for Employers: If microaggressions contribute to a pattern of discrimination or harassment, employers may face legal action.

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Legal Implications of Workplace Microaggressions

While individual microaggressions may not always be legally actionable, they can contribute to:

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1. A Poisoned Work Environment

A workplace where ongoing discrimination, harassment, or offensive behavior makes it difficult for an employee to work. Under the Ontario Human Rights Code, employers must prevent and address discrimination in the workplace.

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2. Workplace Harassment and Discrimination Complaints

Harassment is defined as repeated offensive comments or conduct that creates an intimidating or hostile environment. Under the Occupational Health and Safety Act (OHSA), employers must have a workplace harassment policy and address complaints.

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3. Human Rights Violations

Employers are required to ensure equal treatment and prevent discrimination based on race, gender, age, disability, religion, or sexual orientation. Employees facing workplace discrimination can file a Human Rights Tribunal of Ontario (HRTO) complaint.

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What to Do If You Experience Microaggressions at Work

1. Keep a Record

2. Address the Issue Directly

3. Report the Behavior to HR or Management

4. File a Human Rights or Labour Complaint

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Free Consultation with Ottawa Employment Lawyers 

Microaggressions may seem small, but they can reinforce discrimination, create a toxic workplace, and lead to serious legal consequences.  Ontario law protects employees from discrimination—even in subtle forms. By recognizing and addressing microaggressions, employees and employers can work toward a more inclusive and respectful workplace. 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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