Is Bullying a Violation of Human Rights

Is Bullying a Violation of Human Rights?

According to Statistics Canada’s Centre for Gender, Diversity and Inclusion Statistics, in collaboration with the Canadian Centre for Justice and Community Safety Statistics, a report released in early 2024 showed that 31% of men and 47% of women reported experiencing some form of harassment or sexual assault in the workplace. Many people reported experiencing discriminatory behaviours at work (reported 20% of women and 9% of men). Let those numbers sink in. Behind every statistic lies a story—stories of exclusion, humiliation, or worse—painful realities faced by far too many employees in Ontario.

So, when does bullying become more than a toxic pattern? When does it cross the line into a violation of human rights? The answer isn’t always obvious, but here’s what you need to know: not all workplace bullying qualifies as a human rights breach. However, when the behaviour targets protected characteristics like gender, race, or disability, it becomes something far more severe—and far less excusable.

This blog unpacks the connection between workplace bullying and basic human rights violations. It explores the protections available to you under Ontario law, offering clear steps to help you protect your dignity, your peace of mind, and your legal rights.

You deserve a fair and safe workplace where your mental and physical health are valued. Understanding your rights is the first step toward creating that space. 

What Is Workplace Bullying?

Workplace bullying involves a persistent pattern of unwelcome behaviour intended to intimidate, belittle, or exert control over someone, unlike a one-time conflict or act of physical violence. 

  • Humiliating someone in front of their colleagues.
  • Spreading harmful rumors or excluding someone from group activities.
  • Assigning impossible tasks or deadlines to set an employee up to fail.
  • Using mobile phones or social networking sites to engage in cyberbullying or harassment outside of work hours.

Bullying has serious, long-term effects, sometimes leading to stress-related illnesses (ex. anxiety, depression) that can affect your physical and mental health. 

Human Rights Protections in the Workplace

Under the Ontario Human Rights Code, individuals are protected from discrimination and harassment based on personal characteristics, including:

  • Gender or sexual orientation.
  • Race, ethnic origin, or nationality.
  • Religion or creed.
  • Age, disability, or family status.

Employers also have a duty to accommodate employees’ needs, such as those arising from disabilities, religious practices, or caregiving responsibilities, as long as doing so doesn’t cause undue hardship.

Ontario employers are required to actively prevent harassment and bullying, through policies and staff training, and also have a reporting system in place to address and resolve complaints. 

Unfortunately, violations of human rights in the workplace remain a troubling reality. If you have experienced discriminatory practices, exclusionary behaviours, or outright bullying then you know all too well that they can erode your dignity and create both physical and mental stress. 

Can Bullying Behaviours in the Workplace Constitute Human Rights Violations?

Not all workplace bullying is a violation of human rights, but certain types clearly are.

For bullying to qualify as a human rights violation, it must target a characteristic protected under the Ontario Human Rights Code or the Canadian Human Rights Act. For example:

  • Gender-Based Harassment: Comments or actions that demean someone based on their gender. This includes inappropriate sexualized behaviours or persistent ridicule rooted in stereotypes.
  • Racial Discrimination: Excluding or belittling employees because of their ethnicity, or perpetuating harmful stereotypes about their cultural background.
  • Disability-Based Bullying: Mocking or excluding employees with physical or mental health conditions, or failing to accommodate their needs.

Consider a scenario where an employee with a disability requests accommodations, such as modified duties or assistive technology, only to be mocked by colleagues or ignored by management. This type of bullying directly undermines the employee’s dignity and violates their rights under the law.

Employers in Ontario are legally obligated to take complaints seriously and investigate allegations. If you have experienced situations where you were bullied, or feel that your human rights were violated, at work, consulting with an experienced employment lawyer can help you figure out the best course of action to protect your dignity and your career. 

Defend Your Rights with the Support of Whitten & Lublin

Experiencing bullying in the workplace can leave you feeling powerless, but you don’t have to face it alone. Our experienced team of employment lawyers handles many types of employment law cases. We can help you retake control of your situation. 

If you believe bullying at your workplace violates your rights, we can help you explore your options, which may include seeking accommodation or filing a human rights complaint. If you believe that you were wrongfully dismissed as a result of discrimination, you still have a duty to mitigate losses. This means you are required to make reasonable efforts to find comparable employment, even while pursuing legal action. Failure to do so could affect your ability to recover full compensation. Our experienced team can guide you through this process, ensuring you take the right steps to protect your rights while fulfilling your legal obligations.

Don’t let bullying go unchecked. Make sure your voice is heard. Call 416 640 2667 or contact us online to schedule a consultation.