Sexual Harassment, Harassment and Bullying
Being harassed or bullied may be grounds for constructive dismissal
You may be a victim of workplace harassment and bullying if the behaviour of another at work has made it impossible for you to remain working in that environment. Here is what you need to know.
What is workplace harassment and bullying?
Workplace harassment and bullying can take on many forms of behaviour such as:
- violence
- intimidation
- threats – verbal or written
- offensive or inappropriate jokes
- inappropriate teasing
- inappropriate touching
- offensive gestures
- insults
- public shaming/embarrassment
Legitimate performance management, including direction, feedback, and discipline from a superior does not constitute bullying and harassment.
What is your employer’s responsibility?
Your employer is expected to provide you with a workplace that treats you with decency, civility, and dignity, ensuring you are free from all forms of harassment and bullying. Your employer is expected to act quickly with an investigation and appropriate action steps, in response to your reporting the incident(s).
What should you do if you are being personally harassed or bullied in the workplace?
Bullying and harassment in the workplace can come from various sources, including your bosses, coworkers, vendors, suppliers, customers, clients, patients, investors, and other stakeholders. Even individuals unrelated to your employer can be sources of harassment if your employer fails to take steps to prevent repeated instances. Under Ontario’s employment law and the Ontario Human Rights Code, you have the right to a safe and respectful work environment, a workplace free from harassment and bullying.
Many times, acts of workplace harassment, bullying, or even workplace violence, will not be objectively clear to your employer, or it might be carried out by individuals who are not in supervisory or managerial positions. You may feel uncomfortable remaining in your workplace or reporting the harassment to your employer. In all cases, it is important to consult with a workplace harassment lawyer, who can guide you through your options, advise on steps to protect yourself, and help you enforce your legal rights. If you are experiencing workplace harassment and find your working conditions intolerable stemming from personal harassment or bullying, you may have the right to quit your job and still be entitled to a fair severance package.
Where can bullying or harassment occur?
Bullying and harassment is not limited to the conventional workplace. It can occur while you are working remotely, at a client-site, at an after-hours work event, or during business travel.
What is sexual harassment?
The Supreme Court of Canada defines sexual harassment as “unwelcome conduct of a sexual nature that affects the work environment or leads to adverse job-related consequences for the victims of the harassment…” This definition underscores the seriousness and breadth of what constitutes sexual harassment, recognizing that it can take many forms and have significant impacts on those who experience it.
Sexual harassment encompasses a wide range of unwelcome conduct of a sexual or gender-related nature including, but not limited to:
- verbal comments of a sexual nature, including dirty jokes
- bragging about sexual conquests
- unreasonable solicitations, such as repeatedly asking for dates or other unwelcome physical contact
- gestures
- physical conduct
- inappropriate touching
- innuendos
Importantly, sexual harassment is not confined to the physical workplace or to normal business hours. You can also be sexually harassed by a work colleague outside of the workplace or outside of normal working hours. For example, if a colleague behaves in an inappropriate sexual manner at a work-related social event, during business travel, or even through digital communications outside of work, it still constitutes sexual harassment. The key factor is whether the conduct is unwelcome and whether it creates an intimidating, hostile, or offensive work environment for the victim.
What should you do if you are facing workplace sexual harassment?
If you are being forced to deal with unwelcome sexual advances at work, you have a variety of options available to you including a human rights claim, a lawsuit, or other statutory complaints. Meeting with workplace harassment lawyers will empower you to decide the appropriate course of action and what steps to take to advance your claim or complaint.
Whether you are facing personal harassment and bullying, or sexual harassment at work, the employment lawyers at Whitten & Lublin have the skills and experience you need to pursue your claim.
After listening to your unique circumstances, an experienced workplace harassment lawyer in Toronto from our team will explain your rights and outline your options, seeking to find successful outcomes for your unique circumstances. We have represented thousands of individuals who have been harassed and bullied at work, in and out of the courtroom. As well, we have substantial experience pursuing claims of sexual harassment, or defended claims against sexual harassment, having restored reputations tarnished by allegations of harassment.
Our skills, experience and reputation are widely recognized in the industry, leading to our being named one of Canada’s top Employment and Labour Law Firms by Canadian Lawyer Magazine for 4 years, most recently in 2024.
Take your power back with a Whitten & Lublin employment lawyer in your corner.
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In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.
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