Is Verbal Harassment a Crime in Ontario?
Harassment and bullying are serious issues in any workplace, and understanding the different types and their definitions and implications is crucial for both employees and employers in Ontario. Under Ontario’s Occupational Health and Safety Act, harassment is defined 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.” This encompasses a range of behaviors that create a hostile or intimidating work environment.
First and foremost, if you think you are experiencing harassment in the workplace, be sure to speak with an employment lawyer. Below we have considered some common questions that may arise for employees experiencing harassment.
Types of Harassment
Harassment can take many forms, including:
- Verbal Harassment: This includes offensive remarks, slurs, or inappropriate jokes directed at an individual or group. Verbal harassment is not only damaging but can also escalate into more severe forms of bullying or discrimination.
- Physical Harassment: this involves unwanted physical contact or aggressive gestures that create fear or discomfort.
- Psychological Harassment: This includes tactics that undermine an individual’s confidence, such as constant criticism, spreading rumors, or isolating someone from the team.
- Sexual Harassment: Involves unwanted conduct of a sexual nature such as sexual advances, comments, gestures or behavior that create an uncomfortable work environment, or leads to adverse job-related consequences.
- Racial or Ethnic Harassment: Comments or actions that target someone based on their race or ethnic background.
It is also important to know that harassment is not limited to the physical workplace, but can also occur while working remotely, at a client site, during business travel or at an after-hours work event.
The key component is that the comments or conduct are unwelcome and create a hostile environment for the recipient. It is essential to note that harassment can be subjective; what may seem harmless to one person can be distressing to another.
Is Verbal Harassment a Crime?
While verbal harassment itself may not be classified as a crime, it can become criminal if it involves threats of violence, hate speech, or other criminal activities. For instance, if the verbal harassment includes threats or is accompanied by physical aggression, it could fall under criminal offenses like assault or uttering threats. Moreover, even if verbal harassment does not meet the threshold for a crime, it can have serious implications in a workplace context, leading to disciplinary action, termination, or civil claims.
How to Handle Verbal Harassment at Work
If you are asking, is verbal harassment a crime? This indicates the seriousness of the issue. Whether it is a crime or not, if you are experiencing verbal harassment at work, it’s vital to take appropriate steps to address the situation:
- Document the Incidents: Keep a detailed record of each incident, including dates, times, locations, what was said, and any witnesses present. This documentation is crucial for any potential investigations.
- Confront the Behavior: If you feel safe doing so, you can directly communicate to the harasser that their behavior is unwelcome. Sometimes, individuals may not be aware of the impact of their words.
- Speak to a Supervisor or HR: Reporting the behavior to a supervisor or the human resources department is often the next step. They are trained to handle these situations and can initiate an investigation.
- Seek Support: If you feel that you are experiencing workplace harassment, be sure to reach out to an experienced employment lawyer who can give you advice on your specific circumstances.
Should You Report Verbal Harassment?
Yes, reporting verbal harassment is essential. Regardless of whether verbal harassment is a crime or not, reporting it not only helps protect you but also assists in creating a safer work environment for everyone. Employers have a legal obligation to investigate claims of harassment and take appropriate action. Failing to report can perpetuate the behavior and allow a toxic environment to flourish.
Conclusion
Understanding harassment and bullying in the workplace is vital for fostering a safe and respectful work environment. If you or someone you know is facing verbal harassment, it is crucial to take action. Whether through documentation, confrontation, or reporting to HR, addressing the issue is necessary not just for personal well-being, but also for upholding a workplace culture that values respect and dignity. Remember, everyone deserves to work in an environment free from harassment and bullying.
To better understand your employment rights, we encourage employees and employers to seek legal advice. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640-2667 today.
Author – Rachel Patten