Violence, harassment and sexual harassment in Ontario is considered a workplace health and safety issue and is covered under the Ontario Health and Safety Act (OHSA). Bullying can be interpreted as acts of harassment and/or violence, and also triggers an obligation of employers to respond appropriately. Bullying is generally seen as aggressive behaviour and aimed at targeting an individual or group of individuals.
In regards to violence, Bill 168 defines violence as physical acts or attempts to harm an individual or verbal threats to this effect. Harassment, on the other hand, is defined as ‘engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought to reasonably be known to be unwelcome’. In other words, this is an objective measure, which means that the individual perpetrating harassment cannot state he/she did not know their actions amounted to acts of workplace harassment. Sexual harassment is also captured within this definition and intersects with an individual’s gender or gender identity.
Employers in Ontario have an obligation to implement anti-violence and harassment policies, which include defining harassment, violence, and sexual harassment and creating reporting mechanisms so that workers experiencing violence/harassment or bullying can make such instances known. Employers must investigate all reports and correct all known instances of harassment and/or violence while informing the individual victim to such acts the results of the investigation. If an employee is experiencing workplace violence and/or harassment, the first step is to make such instances known, while being assured that names will remain confidential unless necessary for the purpose of investigation.
Violence may be easier to identify as a worker, as these acts are overt in comparison to harassment. Violence is a physical act or threat to this effect that are intended to cause harm. Harassment, on the other hand, may be insidious, as individuals targeted are usually exposed to multiple instances which slowly become part of an individual’s work environment if left unreported. Harassment may include jokes, insults, or acts that are meant to demean or humiliate an individual, and are often tied to sex, race, religion, and/or gender identity, among others. Whether directed towards the individual that is targeted or at others in reference to the targeted individual, this has no place in the workplace and must be reported.