- Most Ontario employers are required to have a workplace harassment policy and a process for investigating complaints under the Occupational Health and Safety Act.
- If your employer isn't meeting its legal obligations to prevent or investigate workplace harassment, a complaint to the Ministry of Labour can prompt scrutiny of whether the employer is…
- Because sexual harassment is connected to the protected ground of sex under Ontario's Human Rights Code, an application to the Human Rights Tribunal of Ontario can seek a personal…
Figuring out what to do after sexual harassment at work is hard enough without also trying to untangle which legal process actually applies. In Ontario, several different routes can address workplace sexual harassment, and they are not mutually exclusive — understanding what each one does helps you choose where to start.
Sexual harassment at work can range from unwelcome comments and jokes to unwanted physical contact, or a supervisor using their authority to pressure an employee. Ontario law treats this as both an occupational health and safety issue and a human rights issue, which is part of why more than one process can apply to the same conduct.
This article walks through the main options, what each one can and can't do, and how to think about where to start.
Option 1 — Internal Complaint
Most Ontario employers are required to have a workplace harassment policy and a process for investigating complaints under the Occupational Health and Safety Act. Starting here can make sense when you have confidence in the process and want a fast, internal resolution — but it isn't mandatory before pursuing other options, and it isn't always the right first step, particularly if the harasser is senior management or the process itself feels compromised.
Option 2 — Ministry of Labour Complaint
If your employer isn't meeting its legal obligations to prevent or investigate workplace harassment, a complaint to the Ministry of Labour can prompt scrutiny of whether the employer is complying with its occupational health and safety obligations. This route focuses on the employer's process and compliance, not on compensating you personally.
Option 3 — Human Rights Tribunal of Ontario Application
Because sexual harassment is connected to the protected ground of sex under Ontario's Human Rights Code, an application to the Human Rights Tribunal of Ontario can seek a personal remedy, including compensation, for what happened to you. This is often the route that addresses the harm to you directly, rather than just the employer's process.
Option 4 — A Civil Claim
Where sexual harassment led to your resignation or termination, or the conduct may support other civil claims, a lawsuit through the courts can be an additional or alternative route — sometimes running alongside a human rights application, sometimes instead of one, depending on your facts.
What Each Route Cannot Do
Understanding the limits of each option is as useful as understanding what it offers:
- An internal complaint cannot award you compensation the way a Tribunal or court can — it can only produce workplace remedies like discipline or policy change.
- A Ministry of Labour complaint is not designed to compensate you personally; it targets the employer's compliance with its safety obligations.
- A Human Rights Tribunal application generally cannot address issues unrelated to sex or another protected ground, even if they happened alongside the harassment.
- A civil claim can be slower and more resource-intensive than the other routes, and is usually most worthwhile when tied to a dismissal or a claim of real financial magnitude.
Comparing the Routes
| Route | Best for | What it can address |
|---|---|---|
| Internal complaint | A functional workplace process, wanting fast resolution | Discipline, policy change, workplace safety |
| Ministry of Labour | An employer ignoring its legal obligations | Employer compliance, investigation |
| Human Rights Tribunal | Personal compensation for the harassment itself | Damages, orders against the employer |
| Civil court claim | Harassment tied to job loss or other legal claims | Damages, wrongful or constructive dismissal remedies |
Deciding Where to Start
- [ ] Is the harassment ongoing, or has it already ended your employment?
- [ ] Do you trust your employer's internal process, or has it already failed you?
- [ ] Do you want the employer investigated, personal compensation, or both?
- [ ] Has a deadline for any of these routes already started running?
There's no single right order. Some employees complain internally first; others go straight to the Tribunal or a lawyer, especially when the harasser is in a position of authority over the internal process.
Frequently asked questions
Can I pursue more than one of these options at the same time?
In some circumstances, yes, though there can be overlap rules between certain routes that limit doing everything at once. Get advice early so you don't accidentally close off an option you needed.
What if the harassment came from a client or customer, not a coworker?
Ontario employers generally have obligations to protect employees from harassment by anyone in the workplace, not just other employees, including third parties like clients, contractors, or customers.
Do I need to report it right away to have a claim?
There's no absolute requirement to report immediately, but waiting can make a claim harder to prove and may affect deadlines for certain routes, so don't delay longer than necessary once you're ready to act.
Will my employer find out I'm considering legal action?
If you pursue an internal complaint, or the employer is named in a Ministry or Tribunal process, they will generally become aware. A lawyer can help you think through timing and sequencing before you take a step you can't undo.
Can I still bring a claim if I've already resigned?
Yes. Resigning doesn't close off any of these routes on its own, though it can raise separate questions — for example, whether your resignation itself amounted to a constructive dismissal because the harassment made staying untenable.
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