Workplace harassment remains a serious issue affecting employees across many industries in Canada. From verbal abuse and bullying to sexual harassment and discrimination, inappropriate workplace behaviour can have significant legal and personal consequences for both workers and employers.
Under Canadian law, employers are legally required to provide a safe and respectful work environment and to prevent harassment and violence in the workplace. Both federal and provincial legislation establish clear responsibilities for employers and protections for employees who experience harassment.
This guide explains how harassment is defined under Canadian law, the different forms it can take, and the steps employees and employers can take to prevent and address harassment effectively.
Workplace Harassment Laws in Canada
In Canada, all employers have a legal obligation to prevent workplace harassment. This duty is enforced through a framework of federal, provincial, and territorial laws. The specific legislation that applies to a given workplace depends on its industry and jurisdiction.
Federal Legislation
A minority of Canadian workplaces are federally regulated. This includes industries such as banking, air and rail transport, telecommunications, and federal Crown corporations. For these employers, two key pieces of federal legislation apply:
- Canada Labour Code: Explicitly requires employers to prevent and protect against harassment and violence in the workplace. It mandates that employers develop a complete prevention policy, conduct risk assessments, provide training, and establish clear procedures for investigating and resolving complaints.
- Canadian Human Rights Act: Protects employees from harassment/discrimination based on protected grounds like race, gender and disability.
Provincial/Territorial Legislation
The vast majority of Canadian employees are covered by the laws of their province or territory. Each jurisdiction has its own legislation that works together to prohibit harassment:
- Occupational Health and Safety (OHS) Acts: These laws impose a positive duty on employers to ensure a safe and healthy work environment, which includes protecting workers from all forms of harassment, particularly psychological harassment and bullying. OHS regulations typically require employers to have a specific anti-harassment policy, provide training to all employees, and follow prescribed procedures for investigating complaints.
- Human Rights Codes: Every province and territory has a human rights code that prohibits discriminatory harassment based on protected grounds similar to the federal act (e.g., race, gender, disability, etc.). An employee who experiences this type of harassment can file a complaint with their provincial or territorial human rights tribunal or commission.
Under these laws, employers must develop harassment policies, conduct training, investigate complaints, and take corrective action.
Employees have protections when reporting issues internally or to provincial/federal authorities. Adhering to legislation is key for employers seeking to prevent liability.
What Are the Different Types of Workplace Harassment?
Workplace harassment can appear in several distinct forms depending on the behaviour involved and the context in which it occurs.
Some types focus on repeated bullying or psychological pressure, while others involve sexual misconduct, discriminatory treatment, physical intimidation, or harassment carried out through digital communication.
Bullying and Psychological Harassment
Bullying involves repeated mistreatment intended to intimidate, offend, degrade or humiliate an employee. It may include:
- Verbal abuse, such as insults or ridicule
- Exclusion or isolation
- Spreading rumours
- Unwarranted criticism
Sexual Harassment
Sexual harassment in the workplace includes any conduct, comment, gesture or contact of a sexual nature that is known or should reasonably be known to be unwelcome. Examples range from unwanted advances to inappropriate jokes to sexual assault.
Discriminatory Harassment
Harassment based on protected characteristics like race, national or ethnic origin, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and pardoned conviction or record suspension is prohibited under the Canadian Human Rights Act.
Physical Violence
Physical harassment involves unwelcome contact like hitting, pushing or threatening gestures that create an intimidating, hostile work environment. In the most severe cases, workplace violence causes physical harm.
Cyberbullying
Digital communications are increasingly used to harass through offensive emails, social media posts, or spreading rumours online. Cyberbullying extends harassment outside the physical workplace.
How Can Employees Report Harassment in the Workplace?
Employees who experience workplace harassment have several options for reporting the behaviour and seeking a resolution.
In many cases, organizations provide internal procedures that allow employees to raise concerns and request an investigation. If the issue cannot be resolved internally, employees may also consider external complaints or legal options depending on the circumstances.
The following steps outline common actions employees may take when reporting workplace harassment.
Step 1: Check the workplace policy, which is usually found in an employee handbook or intranet, for internal reporting procedures.
Step 2: Document dates, times, locations, witnesses, and specific behaviours in detail. Keep emails and messages as evidence.
Step 3: Report to the designated contact, often a supervisor or HR representative, as outlined in the policy. Once notified, the employer has a legal obligation to conduct a prompt, impartial investigation and take appropriate corrective action.
Step 4: Time limits vary significantly depending on whether the workplace is federally or provincially regulated, and on the type of complaint being filed. So, employees should check the official website of the relevant authority to confirm applicable deadlines.
Step 5: Consider whether external mediation or legal action may be warranted depending on severity. Consult an employment attorney for advice.
Step 6: Access available mental health supports like counselling through an employee assistance program or community resources.
However, the appropriate path can vary depending on the workplace, the type of harassment, and whether the employer is federally or provincially regulated.
While retaliation is strictly prohibited by law, the decision to come forward remains a significant challenge. To ensure a successful resolution and protect your rights, it is essential to maintain thorough documentation and evaluate both internal and external reporting pathways.
What Should Employers Include in Anti-Harassment Policies?
A robust workplace harassment policy demonstrates the employer’s commitment to prevention and spells out procedures for reporting and investigation. Key elements include:
- Statement of commitment to providing a harassment-free environment
- Definition and examples of unacceptable conduct
- Description of the internal reporting process, including designated contact persons and multiple avenues to file complaints
- Investigation procedures that are prompt, objective and thorough
- Statements on confidentiality and anti-retaliation
- Emergency procedures for imminent threats or dangers
- Disciplinary consequences up to and including termination for substantiated harassment
- Information on support services available to employees
Policies should be crafted in consultation with health and safety committees or representatives, depending on the organization’s size. Once finalized, the policy must be accessible to all employees, usually via a staff handbook or internal website.
Regular training on the policy and procedures is essential for all staff, managers and senior leaders. Employers should periodically review and update policies to incorporate regulatory changes and workplace risk assessments.
How Can Managers and Supervisors Prevent Workplace Harassment?
Managers and supervisors are critical to combating workplace harassment, given their leadership roles and oversight responsibilities. They can foster a respectful culture by:
- Modelling professional, inclusive conduct in their own interactions and swiftly addressing disrespectful behaviour they witness
- Setting clear expectations of appropriate workplace conduct for their teams
- Encouraging open dialogue on harassment issues and reporting processes
- Monitoring employee relationships for signs of conflict or improper behaviour
- Responding promptly and seriously to any complaints brought forward, in line with company policy
- Completing all required training on harassment prevention and sharing lessons with staff
- Conducting proactive risk assessments to identify and address potential hazards in consultation with health and safety representatives.
By prioritizing harassment prevention as a core managerial duty, supervisors send a strong message about organizational values and employee well-being. Their proactive efforts are instrumental in stopping disrespectful conduct before it escalates.
How Can a Respectful Workplace Culture Prevent Harassment?
Creating a respectful workplace culture can play an important role in reducing the risk of harassment. When organizations establish clear expectations for behaviour and encourage open communication, employees are more likely to raise concerns early and address issues before they escalate.
Several organizational practices can help support a respectful and safe work environment. For example, fostering psychological safety allows employees to speak up about concerns without fear of retaliation.
Creating clear standards for respectful behaviour helps everyone in the organization act professionally. Promoting Diversity and inclusion through fair hiring, promotions, and teamwork can build strong workplace relationships and reduce discrimination.
It is also important to keep communication open. This way, employees can share feedback or report issues when they arise. Encouraging everyone to be aware and speak up when they see inappropriate behaviour holds everyone accountable.
Finally, supporting Work-life balance through reasonable expectations and access to mental health resources can contribute to a healthier and more respectful workplace overall.
FAQs on workplace harassment in Canada
What types of behavior could be considered harassment?
Examples of potentially harassing behaviors include unwanted sexual advances, offensive jokes/comments, intimidation, persistently criticizing someone, damaging their property, or excluding them socially.
Why is workplace harassment harmful?
Harassment causes mental distress, physical effects, decreased performance, and social impacts for victims. It also leads to reduced productivity, higher turnover, legal liability, and reputational damage for organizations.
How should employees report workplace harassment?
Employees should document incidents thoroughly and report them to designated workplace contacts like human resources or management based on their employer's policies.
When does workplace behavior cross into harassment?
Harassment can be a pattern, but a single serious incident may also qualify, especially if it causes or can reasonably be expected to cause humiliation or physical/psychological harm.
Where can victims of workplace harassment seek help?
Resources include employee assistance programs, helplines, mental health services, legal clinics, human rights organizations, and workplace safety advocacy groups.
