What Employees Should Know About Workplace Harassment in Ontario
- kathleennialla
- 3 days ago
- 6 min read
Workplace harassment laws in Ontario are designed to protect employees from harmful behaviour at work. That protection is broader than many people realize. It does not stop with managers or co-workers. In many situations, it also includes clients, customers, contractors, consultants, and other third parties.
For employees in Ontario, understanding this scope matters. It affects when to speak up, how complaints should be handled, and what employers are legally required to do once an issue is identified.
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Your Rights Under Ontario Law
In Ontario, workplace harassment is governed primarily by the Occupational Health and Safety Act (OHSA). These rules apply to most provincially regulated workplaces, regardless of size or industry.
Under the OHSA, employees have the right to work in an environment free from workplace harassment. Employers, in turn, have a legal duty to take reasonable steps to prevent and address it.
This duty applies broadly. It covers full-time, part-time, temporary, seasonal, and contract employees. It also applies to work performed remotely, at client sites, or in public-facing roles. If the behaviour is connected to your work, Ontario’s harassment protections may apply.
What Counts as Workplace Harassment in Ontario
Ontario law defines workplace harassment broadly. It includes engaging in a course of vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome. In some cases, a single serious incident can also meet the legal threshold.
Harassment can involve:
Verbal comments or jokes
Written communications such as emails or texts
Visual or physical gestures
Behaviour during phone calls or video meetings
Intent is not required. The focus is on the impact of the behaviour, not whether the person claims they “meant no harm.” If the conduct undermines your dignity, safety, or psychological well-being, it may qualify as workplace harassment under Ontario law.
This matters because harmful behaviour is often minimized or normalized in practice. Being told to “ignore it” does not change the legal standard.
Harassment Does Not Have to Come From a Co-Worker
A common misconception among employees is that workplace harassment protections only apply to internal staff. In Ontario, that is not the case.
Harassment can come from people outside the organization, including customers, clients, patients, suppliers, delivery personnel, consultants, or other third parties. If the interaction occurs because of your job, it can still fall within the scope of the OHSA.
You do not lose legal protection simply because the person responsible is not employed by your organization.
Why Third-Party Harassment Is Common
Many Ontario workers are in roles that require frequent interaction with the public. These include retail, healthcare, education, legal services, hospitality, social services, and professional services.
In these environments, inappropriate behaviour is sometimes dismissed as “part of the job.” Power dynamics may be unclear, and employees may feel pressure to tolerate misconduct to avoid conflict.
However, research consistently shows that third-party harassment is a significant issue. Statistics Canada has reported that nearly half of workers who experienced workplace harassment identified the harasser as a client, customer, or other non-employee. This reinforces that third-party harassment is both common and legally recognized.
What Ontario Employers Are Required to Do
Under the OHSA, once an employer knows or ought reasonably to know about workplace harassment, they are required to take action.
This obligation applies even when the alleged harasser is external. Employers must assess the situation and take reasonable steps to prevent further harm. What is considered “reasonable” depends on the circumstances, but ignoring the issue or claiming there is nothing that can be done is rarely acceptable under Ontario law.
Employers are also required to have measures and procedures in place for reporting and investigating harassment.
What Happens After You Report Harassment
Employees often hesitate to report harassment because they fear their concern will be ignored. From a legal standpoint, a report triggers an obligation to respond.
In Ontario, employers are expected to conduct an investigation that is appropriate in the circumstances. This may be handled internally or by an external investigator, depending on the seriousness and complexity of the complaint.
Employees should generally expect:
A response that treats the concern seriously
A process that is timely and fair
Protection from reprisal
You are not required to confront the person involved, nor are you required to prove your experience beyond reporting it honestly.
Why Workplace Policies Matter
Most Ontario workplaces are legally required to have a written workplace harassment policy. Employees have the right to access it.
A proper policy should explain what harassment is, how to report it, and how complaints are investigated. Importantly, it should not limit harassment to conduct by employees only. Behaviour by third parties should be clearly addressed.
If a policy exists but is not communicated or followed, that can itself raise compliance concerns.
Protection From Retaliation
Ontario law prohibits reprisals against employees who raise harassment concerns in good faith. Retaliation can include termination, discipline, reduced hours, or more subtle negative treatment after a complaint is made.
If reprisal occurs, it may constitute a separate violation of the OHSA. Employees should document any negative changes that occur after reporting an issue.
Structural Ways Employers Reduce Risk
Some Ontario workplaces reduce exposure to harassment by limiting unnecessary or unmanaged third-party interaction. This can include controlled access to offices, clear boundaries around acceptable client behaviour, or adjustments to how front-facing communication is handled.
In certain environments, employers use administrative or virtual reception solutions to manage incoming calls, visitors, or service requests before they reach staff directly. These approaches are intended to reduce risk while maintaining professionalism and accessibility. More information on this type of operational structure is available here.
These measures are not about avoiding responsibility. They are one of several ways employers may meet their obligation to take reasonable steps to protect employees under Ontario law.
What Employees Can Do
Employees are not expected to manage harassment on their own. Still, practical steps can help protect your position. Document incidents when they occur. Record dates, times, and details, and keep copies of relevant messages if possible.
Use the reporting process outlined in your workplace policy. If you are unsure how to report, asking a manager or HR representative for guidance is appropriate.
Speaking up is a protected action under Ontario law.
Final Takeaway for Ontario Employees
Workplace harassment protections in Ontario extend beyond co-workers and supervisors. Harassment by clients, customers, and other third parties is recognized by law and must be addressed by employers.
Understanding your rights under the OHSA helps ensure those protections are respected and enforced.
A safe workplace not only protects employees but also enhances a company’s reputation, trust, and long-term success. In an era where ethical and legal integrity matters more than ever, prioritizing harassment prevention is not just smart business—it’s the right thing to do.
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If you’ve been a victim of workplace harassment and discrimination, don't wait or there might be serious health implications to your mental and physical health.
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.
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 and regulations regarding workplace harassment and disability discrimination, 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:
Kathleen Nialla is a legal writer dedicated to deconstructing timely issues and delivering up-to-the-minute analysis on the evolving legal landscape. When she steps away from the desk, she finds her balance in the quiet of the countryside, pairing the scenic views with her favorite pop hits.