If work fills you with dread, you're not weak.
Ontario law takes workplace harassment seriously. Your employer must have a policy and must investigate. Here's what counts, what doesn't, and what to do — before you make any big decision.
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In 30 seconds, here's what's true
- Workplace harassment means a pattern of unwelcome comments or conduct that someone knew, or should have known, was unwelcome. One serious incident can count too.
- Your employer must have a written harassment policy and must investigate complaints — even informal ones. They must tell you, in writing, the result and any action taken.
- There are two systems. The health-and-safety law (OHSA) covers any vexatious conduct. The Human Rights Code covers harassment tied to things like race, sex, disability, or age — and goes to the Human Rights Tribunal within one year.
- It is illegal for your employer to punish you for reporting harassment or raising a safety concern. If they do, the law puts the burden on them to prove your complaint wasn't the reason.
- Being unhappy at a "toxic" job is not the same, legally, as a "poisoned" workplace. That's a high bar judged on the facts — so get advice before you resign.
How the process works
Write down what happened
For each incident: the date, what was said or done, and who saw it. Keep your notes somewhere safe that isn't your work email or work computer. Contemporaneous notes — written at the time — carry real weight.
Read your harassment policy
Your employer is required to have one. It tells you who to report to — and who to go to if the person harassing you is your manager. Save a copy.
Report it in writing
Follow the policy and put your complaint in writing. Keep a copy of what you sent and any reply. Once you report, your employer must investigate appropriately and tell you the outcome in writing.
If nothing happens, go higher
You can contact the Ministry of Labour about the health-and-safety duties — an inspector can investigate and even order an outside investigation at your employer's cost. If the harassment is tied to a protected ground, you can apply to the Human Rights Tribunal within one year.
Before you quit, get advice
Resigning can affect your legal options, including a constructive-dismissal claim. Talk to an employment lawyer or paralegal first — many offer free consultations, and a clinic may help for free.
What to do next
- Start a private log of each incident: date, what happened, who witnessed it.
- Save any messages, emails, or texts that show the conduct.
- Find and read your workplace's written harassment policy.
- Note whether the conduct is tied to a protected ground (race, sex, disability, age, and so on).
- Submit a written complaint following the policy, and keep a copy.
- If a protected ground applies, mark the one-year Human Rights Tribunal deadline.
- Do not resign yet — book legal advice first.
- Start a free PLAIN session to organize your timeline and your options.
Common myths
| Myth | Reality |
|---|---|
| My boss yelling at me once is illegal harassment. | Usually not on its own. Harassment is a course of vexatious conduct — or one truly serious incident. Reasonable, fair management of your work is not harassment. |
| My employer doesn't have to do anything. | They must. Ontario law requires a written harassment policy and requires them to investigate complaints appropriately, then tell you the result in writing. |
| Harassment only counts if it's about my race or sex. | Two different systems. The health-and-safety law covers any vexatious conduct. The Human Rights Code adds protection when harassment is tied to a protected ground. |
| If I report it, they can fire me for it. | Punishing you for reporting is an illegal reprisal. If it happens, the law puts the burden on your employer to show your complaint was not the reason. |
| A toxic workplace means I can sue right away. | A "poisoned" workplace is a high legal bar, judged objectively on serious, usually repeated conduct. Constructive dismissal is fact-specific — get advice before acting. |
| I missed the one-year window, so I have nothing. | The one-year limit is for the Human Rights Tribunal. The Ministry of Labour route for health-and-safety harassment does not have that one-year bar. |
| I need a formal written complaint before they'll act. | No. The duty to investigate covers incidents the employer knows about — even without a formal complaint. |
| I should just quit. | Quitting can weaken a claim. Talk to a professional before resigning, so you understand what you'd be giving up. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
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