As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
Suppose you are experiencing sexual harassment at work, and have reported it to management and police to no avail. In that case, a peace bond may be what you need to ensure the person harassing you will suffer legal consequences if they continue to do so. That being said, obtaining a peace bond is not quick or easy.
A peace bond is a court order made by a Justice of the Peace which “any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct” of the person on which it is being imposed which could be a co-worker, customer or supervisor who is sexually harassing you [i].
The conditions imposed are based on the situation that led to the application and can include:
· keeping the peace and being of good behaviour;
· not contacting the person, their spouse, or child;
· not visiting the person, their spouse, or child;
· not calling the person on the phone;
· not writing letters or sending text messages;
· not posting about the person on social media;
· any other condition the Court considers desirable to prevent the harm[ii].
A peace bond is made based on a sworn statement made by the applicant under s.810 of the Criminal Code and is limited to 12 months in duration.
You can apply for a s.810 peace bond if you “fear that another person will cause injury to you, your spouse or your child, or will damage your property, or if you reasonably fear that someone will publish, distribute or sell an intimate image of you without your consent”.[iv]
Injury in this context includes psychological harm as well as physical.
A peace bond application form can be obtained from your local courthouse. You can also obtain on online by going to: https://www.ontariocourts.ca/ocj/files/guides/guide-peace-bond-EN.pdf and clicking on the “Peace Bond Application Form” link at the top of the page.
You can submit the application in person at the courthouse in the jurisdiction where the harassment took place. Here is a link to a website where you can find addresses and contact information for courts in Ontario: https://www.ontario.ca/locations/courts.
A Justice of the Peace (JOP) will review your application. If the JOP sees merit in the Application, they will send the matter to a hearing. A hearing notice will be issued by the court and needs to be served personally on the respondent(s). For your safety and for practical reasons I recommended that you hire a process server to be certain that the notice is properly served and who can provide an affidavit of service. The affidavit of service can be filed with the court.
Often on the first day the hearing is scheduled, you are placed on a criminal court list in a scheduling court. The purpose of that first appearance is to determine whether you are ready to proceed and, if so, to set the date for the hearing. The JOP may ask the Crown to assist if there is concern about the behaviour that gave rise to the application escalating.
Examples of evidence you can present in support of your application could include:
-police incident reports that describe any incidents that are relevant to your application.
-statements (sworn if possible) from anyone who witnessed the incidents in question;
-medical records, counselling records confirming injuries caused by actions of defendants;
It can also be of assistance to the court to prepare a brief outline for them of the facts and evidence you intend to present. The evidence you should gather depends on the specific circumstances that form the basis for your application. You can seek legal advice about this from your local Community Legal Clinic.
At the hearing, you will be asked to give oral testimony. The defendants will then be given a chance to ask you questions about your evidence. The defendants are also given a chance to give their evidence. Then you or the Crown will be given a chance to cross-examine them. At the end of the hearing, the parties can make submissions as to whether there was sufficient evidence to show that you have a reasonable basis to fear that the defendants will cause you personal injury, damage your property and/or share intimate images of you online. The decision is made on a “balance of probabilities” which means the JOP must determine whether it is more likely than not.
A Peace Bond should be enforceable by the police. If there is a breach in any of the conditions you should contact the police and report it. If the police officer you initially speak to doesn’t take your call seriously consider reaching out to a community legal clinic or to Victim Services for support. We recommend that you keep a copy of the peace bond on your person at all times.
There is additional information available for you for free online regarding how to obtain a peace bond including:
Ottawa Victim Services “Peace Bond Process” https://ovs-svo.com/wp-content/uploads/2024/03/Peace-Bond-Brochure.pdf
Canadian Resource Center for Victims of Crime “Peace Bonds” https://crcvc.ca/docs/peacebonds.pdf
Written by: Anne-Marie Langan
*Anne-Marie Langan B.A., B.S.W., LL.B., LL.M. is the project lead for the sexual violence projects at Peterborough Community Legal Centre, including the SHAPE project which provides legal advice and education for those experiencing sexual harassment in the workplace and the Your Way Forward project which provides support for those who have experienced intimate partner sexual violence. These projects are sponsored by the government of Canada’s Justice Department and Legal Aid Ontario. She can be reached directly at anne-marie.langan@ptbo-nogo.clcj.ca.
[i] Criminal Code (R.S.C., 1985, c. C-46) s.810(3.02).
[ii] Government of Canada, D. of J. (2021, July 7). Peace bonds fact sheet. Victims Right’s in Canada –. https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/peace-paix.html
[iii] R. v. Siemens, 2012 ABPC 116 (CanLII), <https://canlii.ca/t/fr8d2>
[iv] Ontario Court of Justice. (n.d.). Guide for applying for a peace bond. Ontario Courts of Justice. https://www.ontariocourts.ca/ocj/files/guides/guide-peace-bond-EN.pdf at p.1.
[v] Western Law, C. L. S. (2023, August 3). Peace bond information package. Faculty of Law, Western University. https://law.uwo.ca/legal_clinics/community_legal_services/PDFs/Peace Bond Information Package for DRC – August 3, 2023.pdf
Disclaimer: This post contains general legal information as of October 21, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
Technology is changing the way we live, work, and communicate. While it brings many benefits, it also comes with risks, especially for young people. One of the most concerning risks is Technology-Facilitated Gender-Based Violence (TFGBV), which uses digital tools to harm others, particularly women and girls. With the rise of Artificial Intelligence (AI) and other emerging technologies, TFGBV is becoming more complex and dangerous. As a parent, it’s important to understand how these technologies are being used for harm and what you can do to protect your children.
TFGBV refers to any act of violence that is committed, assisted, or made worse by the use of digital technologies. This includes online harassment, cyberstalking, doxxing (sharing someone’s personal information without consent), and the non-consensual sharing of intimate images (also known as revenge porn).With the rise of AI and emerging technologies, TFGBV has become more sophisticated and harder to detect. For example, AI can be used to create fake images or videos of someone, which can then be used to harass or blackmail them. This is why it’s crucial for parents to understand how these technologies work and how they can be used for harm.
While AI and emerging technologies are being used to perpetrate TFGBV, they can also be part of the solution. Here are some ways technology can be used to combat TFGBV:
As a parent, you play a crucial role in keeping your children safe online. Here are some practical steps you can take to protect them from TFGBV:
AI and emerging technologies are changing the way TFGBV is perpetrated, making it more sophisticated and harder to detect. As a parent, it’s important to understand these risks and take steps to protect your children. By talking to your kids about online safety, monitoring their online activity, and staying informed about new technologies, you can help keep them safe from TFGBV.Remember, technology can also be part of the solution. AI can be used to detect and prevent TFGBV, support survivors, and educate young people about online safety. By working together, we can create a safer digital world for everyone.
By taking these steps, you can help protect your children from the dangers of TFGBV and ensure they have a positive and safe experience online.
Technology-Facilitated Gender-Based Violence (TFGBV) is a growing concern, especially among young people who are active users of digital platforms. Recognizing the signs of TFGBV is crucial for protecting yourself and others. Here are some common signs to watch out for:
Technology-Facilitated Gender-Based Violence (TFGBV) is a serious issue that can have devastating effects on victims. By recognizing the signs and taking proactive steps to protect yourself, you can reduce your risk of becoming a victim. Remember, you’re not alone—there are resources and support systems available to help you navigate these challenges. Together, we can create safer digital spaces for everyone.
Technology has transformed the way we communicate, work, and socialize. However, it has also introduced new forms of gender-based violence (GBV) that exploit digital tools to harm individuals, particularly women and marginalized groups. Technology-Facilitated Gender-Based Violence (TFGBV) is a growing concern, especially among young people aged 18 to 24, who are often the most active users of digital platforms. This blog post will explain what TFGBV is, its various forms, and practical steps you can take to protect yourself from it.
TFGBV refers to any act of violence that is committed, assisted, or amplified by the use of digital technologies. This includes online harassment, cyberstalking, doxxing (sharing personal information without consent), non-consensual sharing of intimate images, and more. TFGBV is rooted in unequal gender norms and often targets women, girls, and LGBTQI+ individuals, but it can affect anyone.
Young people are particularly vulnerable to TFGBV because they are heavy users of digital platforms like social media, dating apps, and online gaming communities. These platforms can be breeding grounds for harassment, abuse, and exploitation. Additionally, young people may lack the digital literacy or awareness to recognize and respond to TFGBV effectively.
TFGBV can have severe consequences, including:
While TFGBV is a serious issue, there are steps you can take to protect yourself and reduce your risk of becoming a victim. Here are some practical tips:
Technology companies have a responsibility to create safer online spaces. Here’s what they can do:
Technology-Facilitated Gender-Based Violence (TFGBV) is a serious issue that affects millions of people worldwide, particularly young people. By understanding the risks and taking proactive steps to protect yourself, you can reduce your vulnerability to TFGBV. Remember, you’re not alone—there are resources and support systems available to help you navigate these challenges. Together, we can create safer digital spaces for everyone.
By staying informed and taking action, you can help combat TFGBV and protect yourself and others from its harmful effects.
Sources:
Unacceptable: Responding to Technology-Facilitated Gender-Based Violence
Digital Technology: A Double-Edged Sword in Technology-Facilitated Gender-Based Violence
An Infographic Guide to Technology-facilitated Gender-based Violence (TFGBV)
As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
Every person has the right to be free from sexual harassment in the workplace. Ontario’s Human Rights Code states, ” Every employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression by his or her employer or agent of the employer or by another employee.”[I]
Likewise, for Federal workplaces, the Canadian Human Rights Act establishes that “It is a discriminatory practice, … (c) in matters related to employment, to harass an individual on a prohibited ground of discrimination”[ii] and clarifies that sexual harassment qualifies as harassment.[iii] The Act also specifies that gender identity and gender expression are prohibited grounds of discrimination.[iv]
Gender-diverse individuals were first included in the Code with the passing of Bill 33[v] and in the Act with the passing of Bill C-16.[vi] Individuals who experience sexual harassment in the workplace can bring an action before the Human Rights Tribunal of Ontario or the Canadian Human Rights Tribunal, depending on their place of employment. If the industry in which an individual works is federally regulated, such as airlines or banks, then the individual files an application with the CHRT. Otherwise, they file with the HRTO. A fuller list of federally regulated industries and workplaces can be found here. To learn more about workplace sexual harassment before the HRTO, see my previous post here.
The question becomes, then, what constitutes sexual harassment towards gender-diverse individuals? Does it differ from sexual harassment towards cisgender individuals? Are there aspects of sexual harassment that affect gender-diverse individuals more frequently than cisgender individuals? While sexual touching, commentary, and solicitation are frequent forms of harassment for both gender-diverse and cisgender individuals, misgendering and deadnaming are far less likely to be directed at cisgender individuals. These actions are sexual harassment and are demeaning to an individual’s dignity. They have no place in the workplace.
In Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43, the CHRT found an employee of a trucking company and their employer discriminated against their co-worker/employee, Mr. Bilac, by misgendering and deadnaming him, engaging in transphobic comments, and even asking him which bathroom he used (despite there being only one washroom in the workplace).[vii] In that case, the CHRT awarded damages to Mr. Bilac in the amount of $15,000 for pain and suffering ($12,000 against the employer and $3,000 against the co-worker), and $3,000 in special damages.[viii] As special damages are punitive in nature, the Tribunal may choose to award them in cases where the discriminatory conduct is deliberate, whether wilful or reckless.[ix] In this case, the Tribunal awarded damages as the employer, during Mr. Bilac’s employment and the Tribunal process, continuously misgendered and deadnamed Mr. Bilac, which the Tribunal found to be reckless.[x]
Everybody deserves respect in their place of work. As the Tribunal held “Employers should not expect trans employees to conceal their trans identities while at work, or as a condition of work..”[xi] For more information about your legal rights in this regard, please contact us at www.shapeyourworkplace.ca
Written by: Matthew Benoit
Matthew Benoit grew up in St. Thomas, Ontario. He received his law degree at the University of Toronto after receiving an HBA and an MA in English at Wilfrid Laurier University and Lakehead University, respectively. He was awarded Lakehead University President’s Award for his academic accomplishment, community service, and contribution to the welfare of the university. His areas of academic interest are comics, Indigenous literature, literary theory, ludonarratives, Medieval and Early Modern literature, and science fiction. His areas of legal interest are administrative, constitutional, and criminal law. He is currently articling at the Northumberland Community Legal Centre and previously summered at the Middlesex County Crown Attorney’s Office. He enjoys academic writing, hiking, gaming, fencing, tennis, and weightlifting.
Disclaimer: This post contains general legal information as of November 20, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
[i] Human Rights Code, RSO 1990, c H 19 at § 7 (2).
[ii] Canadian Human Rights Act, RSC 1985, c H-6 at § 14 (1) (c) [CHRA].
[iii] Ibid, at § 14 (2).
[iv] Ibid, at § 3 (1).
[v] Bill 33, Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012, 1st Sess, 40th Leg, Ontario, 2012 (assented to 19 June 2012).
[vi] Bill C-15, An Act to amend the Canadian Human Rights Act and the Criminal Code, 1st Sess, 42nd Parl, 2017 (assented to 19 June 2017).
[vii] Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43 at paras 42-53 [Bilac]
[viii] Ibid, at para 195.
[ix] CHRA at § 53 (3).
[x] Bilac at para 171.
[xi] Ibid, at para 173.
As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
Real estate can be a challenging area to work in. The industry frequently presents risky situations to workers, who may feel required to engage with these situations as “part of the job.” Agents are commonly expected to meet with clients, who are often strangers, alone in homes that could be secluded or lack cell reception. This, in particular, poses dangers to women in the industry. This can be compounded by sexual harassment that occurs in the professional environment as well.
Sexual harassment in the workplace often occurs in situations of an unequal distribution of power. Workers are harassed by their supervisors, and because of the imbalance of power between these two positions, they often feel powerless to safeguard their rights or address the issue. This is especially heightened in situations where supervisors also perform a mentorship role. This is often the case in real estate, where senior members of a firm or agency often train and mentor newer workers.
In Panucci v. Seller’s Choice Stockdale Realty Ltd., 2015 HRTO 1579, the Human Rights Tribunal of Ontario (HRTO) found that a salesperson working under a broker of record at a real estate brokerage firm was discriminated against and harassed. She worked for the firm from 2007 to 2012, and she enjoyed a professional and respectful relationship for much of that time. However, beginning in late 2011 or early 2012, she began to receive commentary about her looks from her supervising broker. He also began to impose physical contact on her, hugging her and, on one occasion, caressing her in a dimly lit room. After she confronted the broker about his conduct, their work relationship turned frosty, and he stopped assisting her with getting new listings or providing her with much guidance. In that case, the Tribunal ordered the firm to pay $15,000 to Ms. Panucci for violating her inherent right to be free from discrimination and for injury to dignity, feelings and self-respect. The Tribunal also ordered the firm to develop and implement a policy for preventing and addressing sexual harassment in the workplace.
Where conduct by supervisors crosses the line into harassment, so supervisees should feel comfortable addressing the conduct directly, setting personal boundaries, and reporting behaviour. Workers should also be cared for during the investigation and remediation of sexual harassment complaints. Likewise, supervisors should be careful to avoid behaviours that might make their supervisees uncomfortable. They should be mindful of how their behaviour might affect workers and vigilant for any signs of worker discomfort. An open and responsive conversation where such a situation arises inadvertently can give all parties peace of mind and avoid the consequences of potential litigation.
Written by: Matthew Benoit
*Matthew Benoit grew up in St. Thomas, Ontario. He received his law degree at the University of Toronto after receiving an HBA and an MA in English at Wilfrid Laurier University and Lakehead University, respectively. He was awarded Lakehead University President’s Award for his academic accomplishment, community service, and contribution to the university’s welfare. His academic interests include comics, Indigenous literature, literary theory, ludo-narratives, Medieval and Early Modern literature, and science fiction. His areas of legal interest are administrative, constitutional, and criminal law. He is articling at the Northumberland Community Legal Centre and previously summered at the Middlesex County Crown Attorney’s Office. He enjoys academic writing, hiking, gaming, fencing, tennis, and weightlifting.
Disclaimer: This post contains general legal information as of January 21, 2025, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
The Supreme Court of Canada has held that “When sexual harassment occurs in the workplace, it is an abuse of both economic and sexual power. Sexual harassment is a demeaning practice, one that constitutes a profound affront to the dignity of the employees forced to endure it. By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace attacks the dignity and self-respect of the victim both as an employee and as a human being.”
The restaurant industry is one of the largest employment fields: “In Ontario, restaurants employ 440,000 people, or 6.4% of the workforce, and more than one in five Canadians between the ages of 15 and 24 work in the industry.” Additionally, for frontline workers such as bartenders, hosts, and wait staff, women under 24 compose one-third of workers. As such, the environment that restaurants foster can have a widespread impact on the workforce, particularly on workers under 24.
Restaurants are one of the types of workplaces most replete with sexual harassment. Restaurant work “is organized in a way that constrains worker resistance to unwanted sexual attention and sexual harassment, shaping an environment in which, over time, sexual conduct can come to be thought of by women workers as a “normal” and sometimes an accepted feature of the work.” Adding to this is the worker-client dynamic. Customers often harass restaurant workers; in forms of employment that involve the practice of tipping, a worker may be more reticent to confront a situation where a customer is harassing them.
A worker may bring a sexual harassment claim to the Human Rights Tribunal of Ontario (HRTO) against their workplace. While an employer is not responsible for the immediate conduct of a customer, an employer’s failure or refusal to adequately address sexual harassment workers experience from customers contributes to maintaining a toxic, discriminatory environment. An example of this is the case of Ankamah v. Chauhan Food Services, 2010 HRTO 2024 (CanLII); the HRTO found the owner of a Tim Horton’s franchise liable for not having taken steps to protect their employee from sexual harassment they experienced from a regular customer. In making their finding of liability, the HRTO noted that “ In summary, the organizational respondent is liable to the extent that the applicant’s store manager failed to respond promptly and sensitively to the applicant’s disclosure of the incidents, thus leaving the applicant to believe for several days that her employer was not prepared to create a healthy, safe and discrimination-free environment for her.”
So, the question is: how can restaurants proactively prevent sexual harassment and address it when it does occur? My suggestions are:
1. Employers develop and enforce a zero-tolerance policy for sexual harassment among workers and customers. Worker complaints about sexual harassment from any party should be fulsomely investigated and be cause for termination or denial of service.
2. Promote an environment encouraging workers to disclose incidents of sexual harassment.
3. Workers should be educated about their rights and what constitutes sexual harassment.
Written by: By: Matthew Benoit
Matthew Benoit grew up in St. Thomas, Ontario. He received his law degree at the University of Toronto after receiving an HBA and an MA in English at Wilfrid Laurier University and Lakehead University, respectively. He was awarded Lakehead University President’s Award for his academic accomplishment, community service, and contribution to the welfare of the university. His areas of academic interest are comics, Indigenous literature, literary theory, ludonarratives, Medieval and Early Modern literature, and science fiction. His areas of legal interest are administrative, constitutional, and criminal law. He is currently articling at the Northumberland Community Legal Centre and previously summered at the Middlesex County Crown Attorney’s Office. He enjoys academic writing, hiking, gaming, fencing, tennis, and weightlifting.
Disclaimer: This post contains general legal information as of January 13, 2025, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
Experiencing sexual harassment in your workplace can have devastating consequences, including experiencing anxiety, depression, symptoms of Post Traumatic Stress Disorder, reduced self-esteem and confidence, headaches, sleep difficulties and other health consequences. Your career goals can also be impacted by job loss, decreased job satisfaction, not being provided with the same training and promotion opportunities as others and the damage that sexual harassment can cause to the workplace culture and your relationship with co-workers and management. [i]
This article will explore several options for seeking legal remedies for the damages incurred because of workplace sexual harassment in Ontario and the pros and cons of each option, including bringing a claim to the Human Rights Tribunal of Ontario, bringing a civil claim, and claiming WSIB benefits.
Sexual harassment is expressly prohibited in the Human Rights Code[ii] as follows:
Every person who is an employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression by their employer or agent of the employer or by another employee. R.S.O. 1990, c. H.19, s. 7 (2); 2012, c. 7, s. 6 (2).
The Human Rights Code also recognizes that damages for sexual harassment can be more significant if the person doing the harassing is “in a position to confer grant or deny a benefit or advancement,” particularly “reprisal or a threat of reprisal for the rejection of a sexual solicitation.” [iii] The HRTO will also award additional damages if they find that the employer reprised against the worker for having made a complaint about sexual harassment.
You must bring a claim related to sexual harassment in employment to the HRTO within one year of the last incident of discrimination and/or sexual harassment you experienced.
The Human Rights Tribunal of Ontario enforces the Human Rights Code. The types of damages you can seek from HRTO[iv] related to sexual harassment include:
Although this type of damage is hard to quantify, the HRTO has awarded up to $200,000 in damages to claimants who have experienced severe and repeated incidents of sexual harassment in the workplace context[v]. The average compensation award for this type of complaint has increased substantially in the past 10 years from $12,000-$15,000 to $30,000- $50,000. Some of the factors the HRTO will consider when assessing damages are the severity of the conduct, the number and frequency of incidents, the vulnerability of the complainant, and the impact that the conduct had on the target’s mental health. [vi]
If you lost income from employment because of sexual harassment or were denied benefits and bonuses, the tribunal can compensate you for this.
If you have incurred expenses, such as treatment expenses related to the damage to your health caused by the sexual harassment or costs because you had to move due to the sexual harassment, HRTO can reimburse you for these.
The HRTO can order remedies that a court is incapable of, such as reinstatement to your former position, which would put you back in the position you would have been in if the discrimination had not occurred. They can also order people to apologize to you, which is not something a court would do.
The HRTO can order the employer to comply with the code, such as providing training to management and employees, improving their HR policies, etc. This aims to prevent similar harassment and discrimination from happening in the future.
One advantage of pursuing a claim at HRTO is that, unlike court actions, there are no filing fees and no risk of cost awards against you if your claim is dismissed. As noted above, there are some remedies that HRTO can order (such as reinstatement, training, and policy changes) that courts cannot grant you. Furthermore, the damages for injury to your feelings, dignity and self-respect are not taxable, and most income replacement programs do not consider this income and do not claw it back.
You can only pursue claims of discrimination at HRTO. As a result, if you have other legal issues related to your employment, such as wrongful dismissal or breach of contract, you would have to pursue those separately. There are long delays at HRTO due to a large backlog of files. [vii]
To make a civil court claim relating to sexual harassment in the workplace, there must also be other legal issues for the court to deal with, such as assault or other forms of harassment that are not related to human rights, a wrongful or constructive dismissal, breach of contract issues or another tort such as defamation. [viii] The claim must be brought within 2 years of the last related incident. If the damages are predicted to be less than $35,000, the claim should be brought to a small claims court. Any claim over $35,000 can be brought to the Superior Court of Justice.
The civil court can award many remedies including, but not limited to:
f the worker was terminated without the proper amount of notice, for discriminatory reasons or out of reprisal for having complained about workplace harassment, the court can order the employer to pay an amount representing the amount of notice that should have been given. This is a complex calculation based on factors such as the age of the Plaintiff, the amount of time they worked for the employer, the amount of their pay, the nature of their employment and whether any exceptional circumstances could make it more difficult for that employee to find alternative jobs such as a disability, pregnancy, etc…[ix]
The court can award an amount to compensate the claimant for the injury to their dignity, feelings, and self-respect caused by the defendant(s) ‘s discriminatory behaviour.
3. Moral Damages/ Punitive Damages: If an employee can provide evidence that they were dismissed in a manner that caused them mental distress, the court can award damages for this over and above the amount of pay instead of notice[x]. Punitive damages can be awarded if the employer is shown to have acted in bad faith in the manner of dismissal.
4. Reimbursement of Expenses: The court can order an employer to reimburse an employee for treatment, moving expenses, etc. if these expenses can be linked to the employer’s actions.
b) Advantages of Civil Claims: One advantage of bringing a civil claim is the ability to bring up legal issues that arose in your employment unrelated to sexual harassment. Also, the amount of damages awarded for human rights, moral, and punitive damages often exceed the compensation awarded by HRTO.
c) Disadvantages of Civil Claims: There are many downsides to bringing a civil claim, such as the risk of being ordered to pay the other party’s legal costs if you are unsuccessful, the time it takes to get to a hearing if the matter doesn’t settle, and the difficulty of navigating the rules and paperwork related to such a claim.
When sexual harassment occurs in the employment context and causes the victim to require time off work and/or to seek treatment, this could be considered a compensable workplace accident. Depending on the nature of the sexual harassment, a claim can be made under the Traumatic Mental Stress or Chronic Mental Stress Policy. A claim must be made within 6 months of the date of injury.
A worker can claim under the Traumatic Mental Stress policy if they have suffered injuries because of a traumatic instance or several traumatic instances of workplace harassment, which WSIB defines as to “engage in a course of vexatious comment or conduct against a worker, including bullying, that is known or ought reasonably to be known to be unwelcome” [xi].
A worker can also claim under the Chronic Mental Stress policy for workplace harassment if the harassment caused a significant stressor, which resulted in an “appropriately diagnosed mental stress injury” [xii].
1. Loss of Earnings Benefit[xiii]: An injured worker who has lost time from work due to their injuries may be entitled to Loss of Earnings Benefits, which represent 85% of the income you usually would have received from employment.
2. Health Care Benefits [xiv]: WSIB will reimburse workers for treating work-related injuries. This can include the costs of counselling or other therapies for PTSD related to having experienced sexual harassment in the workplace. WSIB will also reimburse you for the travel expenses for treatment.
3. Return to Work Benefits[ xv]/ Work Transition Benefits: WSIB provides benefits for injured workers who cannot return to their previous employment and/or retrain for another type of employment due to their injuries.
4. Non-Economic Loss Benefits[xvi]: Non-Economic loss benefits are for injured workers with a permanent impairment because of workplace injury. The amount given depends on the degree of permanent impairment the worker is assessed. These benefits are akin to damages for pain and suffering and are not taxable or deducted from other benefits such as Employment Insurance or Ontario Disability Support Benefits.
b) Advantages of Pursuing a Claim with WSIB: If WSIB approves your claim, you will receive more in loss of earnings than you would if you claimed sick benefits from employment insurance. As well, your related healthcare costs will be covered by WSIB. Depending on what you do for a living, there can also be a substantial benefit to receiving assistance in retraining if you cannot return to work.
c) Disadvantages of pursuing a claim with WSIB: up to 94% of mental injury claims are denied by WSIB, and the appeal process can be long and stressful[xvii]. Making a claim for WSIB may also interfere with your ability to seek remedies from a grievance process, civil court and the Human Rights Tribunal, as WSIB has “exclusive jurisdiction to examine, hear and decide all matters and questions arising under the [WSIA], except where [the WSIA] provides otherwise.” [xviii] Finally, the amount of damages you are awarded under the non-economic loss benefits is often much lower than the damages awarded by HRTO, the civil courts and through a grievance.
Before bringing a claim of any kind related to sexual harassment, it is highly advisable to seek the advice of a lawyer so they can provide guidance about what type of claim would work best in a particular situation and prevent a situation where a claim is brought in the wrong venue, thereby potentially barring a different kind of claim from being brought. There are several options for obtaining free legal advice in Ontario, including SHAPE (Sexual Harassment Advice Prevention Education), a coalition of community legal clinics providing free public legal education and legal advice about preventing and addressing workplace sexual harassment. As part of this project, we offer free workshops for students, service providers, employers, and employees on topics related to rights in employment, particularly the right to have a psychologically safe work environment. We also publish blogs on related issues, which you can find at www.pclcsvprojects.com, and we have an awareness campaign through our social media sites. For more information or free legal advice related to sexual harassment, go to www.shapeyourworkplace.ca, call 1-800-850-7882 or email us at info@shapeyourworkplace.ca.
Written by: Anne-Marie Langan BA, BSW, LL.B., LL.M.
Anne-Marie is the project lead for the sexual violence projects at Peterborough Community Legal Center, including the SHAPE project, which provides legal advice and education for those experiencing sexual harassment in the workplace and the Your Way Forward project which provides support for those who have experienced intimate partner sexual violence. These projects are sponsored by the government of Canada’s Justice Department and Legal Aid Ontario. She can be reached directly at anne-marie.langan@ptbo-nogo.clcj.ca .
Disclaimer: This post contains general legal information as of January 22, 2025, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer.
Endnotes:
[i] Ramaco College (2017, January 31). Consequences of sexual harassment. Title IX. https://www.ramapo.edu/titleix/sexual-harassment-resources/consequences-sexual-harassment/#:~:text=For%20Victims,to%20interpersonal%20relationships%20at%20work.&text=In%20addition%2C%20in%20the%20higher,unproductive%20working%20and%20learning%20environment.
[ii] Human Rights Code[ii], R.S.O. 1990, c. H.19, s.7(2)
[iii] Ibid. s.7(3), s.7(4)
[iv] HRLSC. (2023, July 6). Additional information – section 8 (remedy). Human Rights Legal Support Center. https://hrlsc.on.ca/how-to-guides/completing-and-filing-an-hrto-application/additional-informationsection-8-the-remedy/#:~:text=Public%20interest%20remedies%20can%20have,from%20happening%20in%20the%20future
[vi] Honor M Lay, Assessing the Damage: Money Awards by the OHRT in Sexual Harassment Cases, 2019 9-2 Western Journal of Legal Studies 1, 2019 CanLIIDocs 1745, <https://canlii.ca/t/sj8w>, retrieved on 2025-01-06
[vii] Tribunal Watch Ontario. (2024, May 21). The Human Rights Tribunal of Ontario: A continuing crisis. https://tribunalwatch.ca/2024/the-human-rights-tribunal-of-ontario-a-continuing-crisis/
[viii] Can I file a civil claim for sexual harassment?*. (n.d.). https://hrlsc.on.ca/wp-content/uploads/2024/08/Legal-Info-Booklet-7-Can-I-File-a-Civil-Claim-for-Workplace-Sexual-Harassment-ENG-DIGITAL-Nov-17-1-au.pdf
[ix]Bune Law Articles. (2022, April 6). How to calculate wrongful dismissal damages. Employment Lawyer Toronto. https://bunelaw.com/how-to-calculate-wrongful-dismissal-damages/
[x] Moral damages awarded to the dismissed employee. Rudner Law. (2023, December 18). https://www.rudnerlaw.ca/moral-damages-awarded-to-dismissed-employee/#:~:text=Moral%20damages%20are%20one%20such,of%20the%20reasonable%20notice%20period.
[xi] Traumatic mental stress. WSIB. (n.d.-e). https://www.wsib.ca/en/operational-policy-manual/traumatic-mental-stress
[xii] Chronic mental stress. WSIB. (n.d.-b). https://www.wsib.ca/en/operational-policy-manual/chronic-mental-stress
[xiii] Loss of earnings benefit. WSIB. (n.d.). https://www.wsib.ca/en/loss-earnings-benefit
[xiv] Loss of earnings benefit. WSIB. (n.d.-b). https://www.wsib.ca/en/loss-earnings-benefit
[xv] Getting help with return-to-work. WSIB. (n.d.-a). https://www.wsib.ca/en/injured-or-ill-people/return-work/getting-help-return-work
[xvi] Benefits for non-economic loss. WSIB. (n.d.-a). https://www.wsib.ca/en/benefits-non-economic-loss
[xvii] Should you apply for workers comp? (on). Aftermath. (2023, February 14). https://www.aftermetoo.com/article/should-you-apply-for-workers-comp/on/
[xviii] Litigating workers’ compensation issues outside the WSIB and WSIAT. OBA.org. (2020, April 27). https://www.oba.org/Sections/Labour-Employment-Law/Articles/Articles-2020/April-2020/Litigating-Workers-Compensation-Issues-Outside-of