Understanding Workplace Harassment in Ontario

Introduction to Workplace Harassment in Ontario

Harassment in the workplace is considered a psychosocial hazard. This classification means it can affect the mental well-being or mental health of a worker. Workplace harassment is defined under the Occupational Health & Safety Act (the Act) as ‘engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” Creating a work environment free of harassment is crucial to promoting cultures of respect, empathy, and accountability in every professional setting.

Legal Framework: Understanding Harassment Laws in Ontario

Employers have the most responsibility for ensuring health and safety in the workplace. Sections 25 and 26 of the Act outline the duties of employers. The Act states employers must take “every precaution reasonable” to protect their workers. Bill 168, enacted in 2009, added Part III.0.1 to the Act to address workplace violence and harassment. Employer duties include developing and posting a signed harassment policy, reviewing the policy at least yearly, developing a program to prevent harassment in the workplace, and investigating allegations if an incident occurs. This program must be developed and maintained in consultation with the Joint Health and Safety Committee or Health and Safety Representative. Employers must train workers on their policies and programs.

In Ontario, a code of practice to address workplace harassment will assist employers in meeting their legal obligations for various provisions of Part III.1 of the Act.. The Code of Practice has four parts, and employers may choose to follow one or more parts. Included are several helpful appendices, including an investigation template.

The occupational health and safety legislation is also part of a larger framework in Ontario, which includes anti-discrimination rights under the Human Rights Code.

Types of Workplace Harassment Recognized in Ontario

In Ontario, workplace harassment encompasses various forms of mistreatment that violate an individual’s rights and dignity. The Act lists the following definitions:

‘Workplace Harassment’ S. 1(1)

Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or (b) workplace sexual harassment.

Some behaviours that may constitute harassment include:

• Repeatedly singling a person out
• Serious or repeated rude comments, remarks, or jokes about a person
• Displaying sexist, racist, or other offensive pictures, posters, or materials in the workplace
• Insults or attempts to humiliate a person
• Taking disciplinary action against a worker where it is unwarranted or reporting a person to a supervisor to get them disciplined when it is not warranted

‘Workplace Sexual Harassment’ S. 1(1)

(a) Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or

(b) Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker, and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Some behaviours that may constitute sexual harassment include:

• Making an advance on a person (such as asking them on a date) where it is known to be unwelcome
• Making an advance on a person (such as asking them on a date) where it is implied they will receive some form of reward or avoid some form of punishment
• Touching, caressing, or hugging a person without consent

Effects of Workplace Harassment on Employees

Harassment has a ripple effect and creates emotional trauma in the victims, their co-workers, their families, and even the community. The victim experiences suffering and humiliation, which can lead to a lack of motivation, loss of confidence, reduced self-esteem, depression, anger, fear/guilt, anxiety, irritability, and increased workplace incidents and injuries. This trauma may result in higher turnover rates among staff, including those not directly involved in the initial incident. If harassment is not addressed, it can also lead to damaging effects on the reputation of the workplace in the community, decreased productivity, and increased costs.

In rare cases, workplace harassment may escalate to threats or acts of physical violence, or a targeted worker may react violently to prolonged harassment in the workplace. It is important for employers to recognize these behaviours and to deal with them promptly.

Reporting and Handling Workplace Harassment Incidents in Ontario

In Ontario, the Act requires that employers develop a policy and program addressing workplace harassment. Section 32.0.6 (2) (a) of the Act specifically requires that the program “include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor.” and (b) what to do if the alleged harasser is the employer or supervisor. Having a designated person outside of the worker’s chain of command to receive incident reports is a measure that can address this situation.

Ideally, reports are formally documented; however, employers must also respond to informal complaints, as not all workers are comfortable documenting their concerns.

Support During Workplace Harassment Investigations

Experiencing violence or harassment in the workplace can be stressful and traumatizing. Employers can support victims in several ways and help them navigate the aftermath and facilitate their healing process. Providing clear information about policies and procedures for addressing harassment can help everyone feel informed and empowered. Additionally, many workplaces have support for workers’ mental health already in place. Some common supports in workplaces include Employee and Family Assistance Programs (EFAPs), counselling included with group benefits plans, or other support groups.

Strategies for Creating a Safe and Respectful Work Environment

A safe and respectful workplace culture starts at the very top of the organization. Employers must be leaders in creating this culture and can do so by demonstrating respect for all employees, regardless of position. This behaviour sets a positive example for all other employees and indicates that behaviour to the contrary will not be tolerated. Another strategy is to have a clear workplace harassment policy so employees can easily access definitions, regulations, support, and who to reach out to if misconduct occurs.

Conclusion:

In conclusion, taking decisive action against workplace harassment in Ontario is not just a legal obligation but a moral imperative. By acknowledging the pervasive nature and harmful impact of harassment, employers can begin to implement robust prevention strategies, foster a culture of respect and accountability, and provide unwavering support to victims. Contact Health and Safety Professionals Inc. (HSPI) for more.