What are my obligations as an Ontario employer regarding workplace harassment?

Under Ontario's Occupational Health and Safety Act (OHSA), employers are required to have a written policy addressing workplace harassment and workplace violence, and to review those policies at least annually. The policy must be posted in the workplace. Employers must also have a program that implements the policy, which includes procedures for reporting incidents and for how the employer will investigate and respond to complaints.

When a complaint of harassment is received, the employer must conduct an appropriate investigation and inform the parties of the outcome in writing. The investigation must be completed within a timeframe that is reasonable given the circumstances.

Workplace harassment under the OHSA includes a course of vexatious comment or conduct against a worker that is known or ought reasonably to be known to be unwelcome. It includes sexual harassment and harassment related to a protected ground under the Human Rights Code.

Failing to meet these obligations can result in orders from a Ministry of Labour inspector, fines, and increased liability if a harassment complaint escalates to a human rights or civil claim. Employers should also be aware that allowing a toxic workplace culture to persist without action can itself give rise to constructive dismissal claims.