Workplace harassment is an issue that affects countless individuals across industries and job roles. It can disrupt professional environments, damage personal well-being, and impede career growth.

Surprisingly, according to the Canadian Labour Congress, the following has been reported in just the past two years:

65% of respondents reported experiencing a form of non-sexual harassment and violence

43.9% of respondents reported experiencing at least one form of sexual harassment and violence while at work
26.5% of respondents reported experiencing at least one form of work-related online harassment

In such situations, the expertise of employment lawyers can be invaluable. This article explores what workplace harassment entails, the various forms it takes, and how employment lawyers can assist victims in achieving justice and restoring a healthy work environment.

What is Workplace Harassment?

Workplace harassment refers to any unwelcome behavior, conduct, or communication directed at an employee that creates a hostile, intimidating, or offensive work environment. It may take place due to power dynamics, discrimination, or interpersonal conflicts and can significantly impact an individual’s mental health and job performance.

While some forms of harassment are overt, such as verbal abuse or physical threats, others may be more subtle, including exclusion from opportunities or inappropriate remarks. Understanding the nuances of workplace harassment is crucial for recognizing it and taking appropriate action.

What Is Considered Workplace Bullying in Ontario?

In Ontario, workplace bullying is generally defined as repeated physical actions or verbal comments that harm an employee emotionally or socially. These behaviours often aim to degrade, intimidate, humiliate, or offend the individual.

Bullying can also involve exerting power through aggressive actions. Examples include:

Deliberately obstructing someone’s ability to complete their work
Excluding or isolating a colleague socially
Attempting physical harm, such as trying to strike a co-worker
Setting someone up for failure by imposing unreasonable deadlines
Sharing overtly offensive jokes, whether in person or via email

However, it’s important to distinguish bullying from legitimate workplace actions. Reasonable management practices, respectful disagreements, and constructive feedback related to work performance are not considered bullying.

Types of Workplace Harassment

Harassment in the workplace can take many forms. Understanding the categories helps victims identify and address the issue effectively.

Verbal Harassment

Verbal harassment includes insults, derogatory remarks, and offensive jokes targeting an employee’s race, gender, religion, disability, or any other protected class or characteristic. Persistent criticism or screaming can also fall under this category.

Physical Harassment

Physical harassment involves unwelcome physical contact, such as pushing, shoving, or threatening gestures. While less common than other forms, it is severe and can escalate if not addressed promptly.

Psychological Harassment

Psychological harassment includes manipulative or controlling behavior, such as intimidation, coercion, or spreading false rumors about an employee. This form of harassment can deeply affect a person’s emotional and mental well-being.

Sexual Harassment

Sexual harassment is one of the most recognized forms and includes unwelcome sexual advances, inappropriate touching, suggestive comments, or sharing explicit material. It can also involve quid pro quo scenarios, where benefits are offered in exchange for sexual favors.

The Role of an Employment Lawyer

Employment lawyers specialize in navigating the complexities of workplace laws and can offer tailored support to victims of harassment. Here’s how they can assist:

Legal Advice and Guidance: Workplace harassment lawyers provide a clear understanding of what constitutes harassment under the law and explain the victim’s rights. They can assess the situation and determine if the behavior qualifies as harassment under relevant workplace policies and legal statutes.

Additionally, they inform victims about potential legal remedies, including compensation or reinstatement. Their expertise ensures that victims make informed decisions while pursuing justice.

Documentation and Evidence: They help collect and organize evidence, such as emails, messages, or witness testimonies, to strengthen the victim’s case. Lawyers ensure that the evidence is relevant, admissible, and aligns with legal requirements.

They may also work with experts, such as forensic analysts, to uncover hidden or deleted evidence. Proper documentation can significantly enhance the chances of a successful outcome in legal or internal proceedings.

Negotiation and Mediation: An employee workplace harassment attorney can act as an intermediary between the victim and employer, aiming for an amicable resolution through negotiation or mediation.

They advocate for fair treatment and ensure the victim’s voice is heard during discussions. Their presence often encourages employers to take corrective actions promptly. Effective negotiation can lead to settlements without the need for prolonged and costly litigation.

Representation: In cases where the matter escalates, employment lawyers represent victims in court or during tribunal proceedings. They craft compelling legal arguments, supported by evidence, to advocate rigorously for the victim’s rights.

Their expertise in procedural laws ensures compliance with filing deadlines and courtroom procedures. Representation by an experienced lawyer increases the victim’s chances of obtaining a favorable verdict or settlement.

Benefits of Hiring an Employment Lawyer

Having an experienced employment lawyer by your side offers several advantages when dealing with workplace harassment:

Expert Knowledge: Employment lawyers understand the intricacies of the Employment Standards Act, Human Rights Code and other relevant legislations, and can identify legal violations that may not be apparent to non-experts.
Emotional Support: While not therapists, employment lawyers offer a sense of empowerment by providing clear paths to resolution.
Objective Perspective: Their impartial advice helps you make informed decisions, avoiding rash actions driven by emotion.
Efficient Resolution: Lawyers can often expedite the resolution process through strategic negotiation, minimizing stress for the victim.
Maximized Compensation: If a legal settlement is pursued, an employment lawyer ensures you receive fair compensation for damages, including emotional distress, lost wages, or legal costs.

Conclusion

Workplace harassment is a serious issue that requires swift and decisive action to protect employees and maintain a respectful work environment. Employment lawyers play a crucial role in helping victims understand their rights, build strong cases, and achieve justice for the aggrieved party.

If you face workplace harassment, remember that you don’t have to face it alone. By taking proactive steps and seeking professional guidance from Rutman & Rutman Professional Corporation, you can navigate this challenging time and move toward a resolution that upholds your dignity, well-being and restores a healthy work environment. We employ high quality, experienced Employment law attorneys that are well versed in handling workplace harassment cases with compassion and expertise, and will be a champion of your rights and entitlements.

Workplace Harassment: How an Employment Lawyer Can Help