Toronto vs. Houston Anti-Harassment Laws: When Workplace Abuse Becomes a Personal Injury Case

Legal Practice Outlet
Sep 15, 2025
10 min read

Updated: Nov 3, 2025

Office harassment is bigger than an office complaint. Harassment in the workplace can destroy self-worth, damage well-being, and jeopardize careers. Toronto and Houston both have strong harassment laws to counteract harassment. But both systems address defining, investigating, and punishing wrong behavior in very different ways.

Toronto's responses are founded on the Ontario Occupational Health and Safety Act (OHSA) and the Human Rights Code. Houston is founded upon United States federal codes, such as Title VII of the Civil Rights Act, with Texas Labor Code state codes added on.

An Article From Our Guest Post Writer

This article establishes what harassment is in a legal sense, how harassment is being investigated, and the type of remedies available. This article also identifies where harassment crosses over into the area of personal injury law and how attorneys help victims seek justice.

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I. A Guide to Work Place Harassment

Harassment is not "bad manners" or "off-color humor." Harassment is behavior that makes a hostile or dangerous work environment. Harassment can be anything:

Verbal: insults, threats, unwelcome jokes repeated repeatedly
Sexual: unwanted flirting, sex talk, sex favor coercion
Psychological: bullying, intimidation, gossiping, intentional exclusion
Physical: unwanted physical contact, blocking a corridor, or threat of physical contact
Discriminatory: harassment on the grounds of age, religion, disability, gender, and race

The unwelcome action is the determining factor. Joking innocently with a person may constitute harassment to another if it is ongoing, unwanted, or insulting. Both Houston and Toronto laws appreciate the difference.

II. Toronto Anti-Harassment Laws

In Ontario, workplace harassment is addressed by two of the top legislative bills:

1. Occupational Health and Safety Act (OHSA)

The OHSA focuses on protecting employees against unsafe workplaces, which includes harassment and violence.

Definition of Harassment

Workplace harassment is a "course of vexatious comment or conduct" which the employee should know or does know is not welcome.

Examples: constant criticism, racist jokes, verbal abuse, abusive emails, or threatening postures.

Employer Obligations

Employers are required:

Implement written policies on harassment and violence in the workplace.
Train all employees on them.
Provide a confidential complaint process.
Handle complaints swiftly and fairly.
Sanction where there is harassment.

Legal Test under OHSA

Tribunals or inspectors ask:

Was the behavior vexatious or abusive?
Was it not welcome?
Would a reasonable person find it harassment?

If so, the employer could be breaching OHSA.

Penalties

OHSA contraventions are serious.

Corporations: $1.5 million per contravention.
Supervisors, officers, or directors: up to $100,000 each, and/or up to 12 months' imprisonment.
Orders: employers can be ordered to change policy or training.

Effect on Job

Disciplinary action or termination can result for the harasser. Inaction by an employer can lead to a lawsuit as well as government sanctions.

2. Ontario Human Rights Code

The Ontario Human Rights Code protects employees against workplace harassment on some grounds of protection such as race, sex, gender identity, disability, age, and religion.

Definition of Harassment in the Code

Harassment occurs where an employee is subjected to unwanted comments or conduct on a protected ground.

Example: racial remark, sexual remark, disability remark, or denial of opportunity based on grounds of religion.

Legal Test under the Code

In order to discern harassment, the victim needs to prove:

The behaviour was in respect of a protected ground.
The behaviour was unwanted.
The behaviour made the workplace a poisoned or hostile one.

Objective test. Would a reasonable person standing in the shoes of the complainant feel offended?

Penalties and Remedies

For a violation by the Human Rights Tribunal, it can order:

Remedies: for loss of dignity, emotional distress, and wage loss (the awards range from $10,000 to $200,000).
Reinstatement: where the employee was driven off the job by harassment.
Policy reforms: training as a condition or new anti-harassment policies.
Apologies: sometimes official apologies are made.

Effect on Job

Employees are subject to being disciplined or terminated for harassing. Employers must implement their own anti-harassment and anti-violence policies. Breaching them is a Code and OHSA offence.

Harassing in Toronto is not thus a slap on the wrist. It may entail fines, damages, training, and loss of employment.

III. Anti-Harassment Law in Houston

Houston employees are covered under U.S. federal and Texas state law.

1. Title VII of the Civil Rights Act of 1964

This federal statute is the basis of U.S. workplace protection against harassment.

Definition of Harassment

Harassment refers to unwelcome behavior on the basis of a protected characteristic: sex, religion, race, national origin, or color. Later laws included disability and age as protected characteristics.

Legal Test under Title VII

Courts look at:

Was the behavior unwelcome?
Was it on the basis of a protected characteristic?
Was it bad or happening often enough to be a usual and regular part of the work environment?
Did the employer know and fail to act?

Penalties and Remedies

The victim can recover loses:

Lost wages and back pay.
Punitive damages if the employer acted in bad faith.
Attorney fees and court costs.

Damage caps differ:

15–100 employees: up to $50,000.
101–200 employees: up to $100,000.
201–500 employees: up to $200,000.
500+ employees: up to $300,000.

Impact on Employment

The harasser could be punished or terminated by the employer. Retaliation against the victim is unlawful and could result in additional claims.

2. Texas Labor Code

The Texas Labor Code is akin to federal law but has a process on the state level. Complaints may be filed to the Texas Workforce Commission (TWC) or U.S. Equal Employment Opportunity Commission (EEOC).

Definition

Harassment, like Title VII, has to be related to a protected status. Incivility or one-time incidents will not be qualifying unless extraordinary.

Remedies

Damages, reinstatement to work, or requiring policy changes may be awarded to victims.

Job Consequences

Texas is an "at-will" state. Employees may be fired by employers for harassment in one stroke, provided it is neither discriminatory nor retaliatory.

IV. Differences: Toronto vs. Houston

Scope:

Toronto OHSA forbids all forms of harassment with or without nexus to race or gender. Houston law requires nexus to be a protected trait.

Reporting:

Toronto: a complaint may be filed with the Ministry of Labor / Ontario Labour Relations Board (OLRB) or Human Rights Tribunal (HRTO).

Houston: complaints start with the EEOC or Texas Workforce Commission.

Penalties:

Toronto: penalties to firms up to $1.5 million, penalties to individuals up to $100,000, damages up to $200,000+.

Houston: limit damages to $300,000 plus back pay and attorneys' fees.

Job Impact:

Both cities vow to terminate the harasser. Employers are liable to pay and be sued for failure to do so.

V. When Harassment Is a Personal Injury Case

This is where Ontario law diverts significant from Texas law.

Under Ontario Law

Limitations on Civil Lawsuits for Workplace Injuries in Ontario

In Ontario, an employee's right to sue their employer for injuries sustained in the workplace is significantly restricted by provincial legislation. Understanding these limitations is crucial for any employee who has suffered a work-related injury, including physical harm or psychological distress stemming from harassment.

The "Historic Trade-Off": The Workplace Safety and Insurance Act (WSIA)

The Workplace Safety and Insurance Act (WSIA) governs the compensation system for workplace injuries in Ontario. The legislation is based on a foundational principle known as the "historic trade-off." Under this framework:

Employees relinquish their right to sue their employer in civil court for personal injury or negligence related to their work.
In exchange, they gain access to a no-fault insurance system, administered by the Workplace Safety and Insurance Board (WSIB), which provides guaranteed benefits for work-related injuries and illnesses.

Consequently, an employee is statutorily barred from commencing a lawsuit against their employer for damages arising from a workplace injury. This bar extends to claims for emotional or psychological suffering resulting from workplace harassment if that suffering is considered a personal injury under the Act.

Navigating Your Claim: WSIB vs. Private Disability Benefits

The appropriate avenue for seeking compensation depends entirely on whether the injury or illness is work-related.

Work-Related Injuries (WSIB): For any injury or illness arising out of and in the course of employment, an employee's exclusive remedy is to file a claim with the WSIB. This system provides benefits such as wage replacement and healthcare coverage without the need to prove the employer was at fault.
Non-Work-Related Conditions (STD/LTD): For health conditions that are not work-related, an employee may be entitled to claim Short-Term Disability (STD) or Long-Term Disability (LTD) benefits. These benefits are typically provided through private insurance policies arranged by the employer or held by the individual.

The Right-to-Sue Application: Section 31 of the WSIA

In situations where it is unclear whether a civil action is barred by the WSIA, Section 31 of the Act provides a specific mechanism for resolution. Under this section, a party to a lawsuit may apply to the Workplace Safety and Insurance Appeals Tribunal (WSIAT) for a determination. The WSIAT will decide whether a claimant's right to sue in court has been extinguished by the Act. This determination is binding on the court.

Complications with Constructive Dismissal and Harassment Claims

The statutory bar can create complex legal issues, particularly in cases of constructive dismissal rooted in allegations of workplace harassment and stress. While a claim for the tort of harassment may be barred if it's considered a workplace injury, a claim for breach of the employment contract (i.e., constructive dismissal) may not be.

As highlighted by HTW Law, to resolve this, courts apply the Morningstar test. This analysis seeks to determine the "essential character" of the dispute. The court will examine whether the claim, at its core, is:

A workplace injury (e.g., mental stress from harassment) and thus falls under the exclusive jurisdiction of the WSIA and the WSIB system, barring a civil suit.
A material breach of the employment contract by the employer that made continued employment untenable, allowing the constructive dismissal claim to proceed in court.

If the essential character of the claim is determined to be a workplace injury, the civil action will be barred, and the matter must proceed through the WSIB. If it is a breach of contract, the constructive dismissal claim may be allowed to proceed in court.

Navigating the intersection of personal injury, WSIB, and employment law is complex. It is crucial to seek legal advice to understand your rights and determine the proper legal avenue for your specific situation, especially when considering a constructive dismissal claim due to workplace stressors.

Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.

contact htw law - employment lawyer for wrongful dismissal help

Under Texas Law

Workplace harassment can most frequently be dealt with as an employment issue. But if it causes actual injury, then it is a case of personal injury.

Emotional Distress: Repeated harassment may cause concern, depression, or PTSD.
Physical Injury: Some medical illnesses which are stress-related, i.e., ulcers or heart diseases, would qualify.
Violence: If harassment results in assault, it surely comes within the ambit of the law of personal injury.
Loss of Enjoyment of Life: The victims do not work, sleep, or have a relationship.

In such cases, a Houston personal injury lawyer will help the victims get compensation for medical bills, therapy, lost wages, and suffering and pain.

How Personal Injury Lawyers Help with Harassment Cases

A personal injury lawyer does not merely complete forms. They:

Make the connection between harassment and injury (therapist's reports, treatment sessions).
Make the documentation of employer negligence (email, policy breakdown, complaints ignored).
Seek monetary damage awards (lost wages, lost opportunity, medical costs).
Seek emotional damage awards (fear, distress, PTSD).
Hold employers accountable for reducing grievances or hiding abuse.
In Toronto, a personal injury attorney can seek under the Human Rights Tribunal, civil courts, or both.
In Houston, a personal injury attorney can seek EEOC claims, state claims, or federal actions.

What to Do if You Witness or Are a Victim of Workplace Harassment

Document it: note down emails, texts, or witness statements.
Report in: report via the company grievance process.
Go outside: Toronto employees can report to the Ministry of Labour or Human Rights Tribunal. Houston workers can report to the EEOC or Texas Workforce Commission.
Seek medical attention: stress and anxiety are legitimate injuries. Medical reports validate complaints.
Speak to an attorney: speak to a Toronto personal injury attorney or Houston personal injury attorney earlier.

VI. FAQs and Infographics

1. What is the test in law of harassment under Ontario's OHSA?

The issue is whether or not the conduct was vexatious, unwanted, and would be harassment under the reasonable person.

2. Ontario punishment for harassment?

$1.5 million fine for employers. Individuals are jailed and must pay $100,000. Victims receive up to $200,000 compensation.

3. Houston legal requirement for harassment:

Courts ask whether conduct was not welcome, considering a factor of race, sex, age, disability, or religion, and thus poor or persistent that it affected work.

4. Penalties for harassment in Houston?

Employers must nominate for wages, damages for emotional injuries, punitive damages not more than $300,000, and attorney fees.

5. Will I be dismissed for transferring harassment to a colleague?

Judgment. Harassers in Toronto and Houston can be left to suffer punishment or dismissal. Employers must have policies in place to prevent harassment and violence.

Final Thoughts

Toronto and Houston are serious about harassment but tackle it in two separate manners. Toronto tackles prevention through policy, audit, and sanction. Houston tackles through court rulings and federal action.

Toronto’s legal framework, primarily under the Occupational Health and Safety Act (OHSA), offers a broad definition of harassment, treating any “vexatious conduct,” including general bullying, as a workplace hazard. This gives employees multiple, flexible pathways to seek justice, such as filing a human rights claim or suing for constructive dismissal in civil court.

Conversely, Houston law, governed by federal Title VII, is stricter. Harassment is only illegal if it is “severe or pervasive” and directly linked to a protected characteristic like race, sex, or religion. Employees face a rigid, non-negotiable 180-day deadline to file a claim with the Equal Employment Opportunity Commission (EEOC) as a mandatory first step.

You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and your legal options as workplace harassment and discrimination issues are often complex.

With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.

You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws a

nd regulations regarding workplace harassment and disability discrimination, wrongful dismissal, federally regulated employee and constructive dismissal will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.

Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.

Author Bio:

Legal Practice Outlet is a freelance writer with a rare talent for transforming dense legal jargon into easily digestible insights.