How to Handle Racial Discrimination at Work
April 28, 2025
Workplace Harassment
Randy Ai
April 28, 2025
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Sexual harassment in the workplace is not only unacceptable—it’s illegal. In Ontario, employees are protected under both the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code (OHRC), which require employers to take steps to prevent and address sexual harassment.
Sexual harassment is any unwelcome conduct of a sexual nature that makes an employee feel uncomfortable, unsafe, or pressured. It can come from managers, co-workers, clients, or customers and may involve:
• Unwanted sexual advances – Persistent requests for dates, romantic gestures, or sexual favors.
• Inappropriate touching – Unwanted hugs, massages, or physical contact.
• Sexually suggestive comments or jokes – Remarks about someone’s body, sexual orientation, or personal life.
• Displaying offensive material – Sharing explicit images, videos, or posters.
• Sexual coercion – When job benefits (promotions, raises) are offered in exchange for sexual favors or when refusing advances leads to negative consequences.
• Retaliation for rejecting advances – Facing mistreatment after rejecting someone’s inappropriate behavior.
Sexual harassment does not have to be physical—it can also be verbal, digital, or psychological. Even a single incident can be serious enough to take action.
Ontario law provides strong protections for employees facing sexual harassment. Employers must take action when a complaint is made. Your rights include:
• The Right to a Safe Workplace – Employers are legally obligated to prevent and address workplace harassment under OHSA.
• The Right to File a Complaint – You can report harassment internally to your employer or externally to government agencies.
• The Right to Protection from Retaliation – Your employer cannot punish you for reporting harassment (e.g., firing, demotion, exclusion).
• The Right to Compensation – If sexual harassment has caused you harm (e.g., job loss, emotional distress), you may be entitled to financial damages.
1. Document the Harassment
Keeping a detailed record can help support your case.
2. Set Boundaries and Speak Up (If Safe to Do So)
If you feel comfortable, you can try setting clear boundaries or speaking to HR or a trusted supervisor.
3. Report the Harassment Internally
Under OHSA, employers must have a workplace harassment policy. Employers must investigate complaints promptly and fairly. If they fail to act, you have the right to escalate the issue.
If your employer ignores your complaint, doesn’t take the harassment seriously, or retaliates against you, you can take further legal steps.
• If your employer fails to address workplace harassment, you can report them to the Ontario Ministry of Labour.
• If the harassment involves discrimination based on gender, sexual orientation, or identity, you can file a complaint with the Ontario Human Rights Tribunal (HRTO).
• If the harassment creates a toxic workplace and forces you to quit, you may be able to claim constructive dismissal and seek severance pay or damages.
• If you’re unsure about your rights, an employment lawyer can help you explore your legal options and protect your interests.
Sexual harassment at work is a serious violation of your rights. If you experience it, you are not alone, and the law is on your side. Start by documenting the incidents, reporting them, and seeking legal support if necessary. Taking action can help ensure a safer workplace for you and others. 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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