About Sexual Harassment Law in Markham, Canada
Sexual harassment is a form of discrimination that is prohibited by law in Markham, as in all of Ontario and Canada. It occurs when an individual is subjected to unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. Sexual harassment can take place in a variety of settings, including workplaces, educational institutions, rental housing, and public spaces. Victims have the right to take legal action and seek protection or compensation under federal, provincial, and municipal laws.
Why You May Need a Lawyer
Although it is possible to file a complaint directly with government bodies, many people find it helpful to consult a lawyer when dealing with sexual harassment. Common reasons for seeking legal help include:
- Understanding your rights and options after experiencing harassment
- Navigating complex complaint and reporting procedures
- Pursuing compensation for emotional distress, job loss, or other damages
- Responding to workplace retaliation or threats after complaining about harassment
- Negotiating settlements or non-disclosure agreements
- Defending against false or retaliatory allegations
- Obtaining or responding to restraining orders
A lawyer with experience in sexual harassment cases can provide guidance, ensure your complaint is properly documented, and advocate for your rights throughout the process.
Local Laws Overview
Several legal frameworks protect individuals from sexual harassment in Markham, Ontario:
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Ontario Human Rights Code: Prohibits sexual harassment in all areas of employment, housing, services, contracts, and membership in organizations. Employers and landlords have a duty to prevent and address sexual harassment.
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Occupational Health and Safety Act (OHSA): Requires all Ontario employers, including those in Markham, to have policies and procedures for preventing and responding to workplace harassment, including sexual harassment.
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Criminal Code of Canada: Some forms of sexual harassment—such as sexual assault, stalking, or threats—may also be considered criminal offenses and must be reported to police.
Victims can seek remedy through the Human Rights Tribunal of Ontario, file complaints with their employer or school, or in some circumstances, take civil or criminal action.
Frequently Asked Questions
What is considered sexual harassment in Markham?
Sexual harassment includes unwanted sexual advances, touching, jokes, comments, gestures, or requests for sexual favours that make you feel uncomfortable, threatened, or humiliated. It also includes conduct that suggests your employment or housing depends on your response to these behaviours.
How do I report sexual harassment at work?
Start by following your employer’s internal procedures, which they are required by law to have in place. Document all incidents and report them to a supervisor, human resources, or a designated harassment contact. If your employer does not respond appropriately, you may file a complaint with the Ontario Human Rights Tribunal or the Ministry of Labour.
Can I be fired for reporting sexual harassment?
Retaliation for reporting sexual harassment is illegal under the Ontario Human Rights Code and the Occupational Health and Safety Act. If you are dismissed or mistreated after reporting, you may have grounds to file an additional complaint or seek damages.
What should I do if I witness someone else being harassed?
If it is safe, offer support to the victim and encourage them to document and report the incident. You can also report the behaviour to your employer or relevant authorities, as bystanders may be able to provide valuable evidence in support of a complaint.
Do I have to tolerate jokes or comments if they make me uncomfortable?
No. Even seemingly minor jokes or comments can be considered harassment if they are unwelcome and create a hostile environment. You have the right to a workplace, school, or rental situation free of sexual harassment.
Can sexual harassment occur outside of work?
Yes. Sexual harassment can happen in housing, educational institutions, and public places, in addition to workplaces. The law protects you in all these environments.
Is sexual harassment a criminal offense?
Sexual harassment itself may not be criminal unless it involves physical assault, threats, or stalking. However, certain acts or behaviours may also constitute crimes and can be reported to the police.
How long do I have to file a complaint?
Generally, you have up to one year from the last incident of harassment to file a complaint with the Ontario Human Rights Tribunal. Different timelines may apply for criminal charges or other types of legal claims, so seek legal advice as soon as possible.
What can I expect if I file a claim?
After filing a claim, you may be involved in mediation, investigation, or a hearing. You could be entitled to compensation, changes to workplace policies, or other remedies. The process can take several months depending on the nature of the complaint.
Will my complaint be confidential?
Complaints are generally kept confidential, especially by the Human Rights Tribunal and legal professionals. However, some information may need to be shared with your employer or alleged harasser to fairly investigate the complaint.
Additional Resources
If you need more information or help, the following resources can assist:
- Ontario Human Rights Legal Support Centre – Provides free legal advice and assistance with filing human rights applications
- Human Rights Tribunal of Ontario – Handles human rights claims in the province
- Ministry of Labour, Immigration, Training and Skills Development – Accepts workplace harassment complaints and can initiate investigations
- York Regional Police – For criminal behaviour or immediate safety concerns
- Community Legal Clinics – Offer free or low-cost legal advice across Ontario
- Barbra Schlifer Commemorative Clinic – Specialized support for women experiencing violence, including sexual harassment
- Victim Services of York Region – Crisis intervention and counselling for victims of crime, including harassment
Next Steps
If you believe you are experiencing sexual harassment in Markham, consider the following steps:
- Document every incident with dates, times, locations, any witnesses, and exact details.
- Review your workplace or organization’s harassment policies and procedures.
- Report the incident internally or directly to the appropriate body if necessary.
- Consult with a lawyer specializing in sexual harassment for guidance tailored to your situation.
- Explore available resources, such as legal clinics or government support services, if you need assistance or counseling.
- If you feel unsafe, contact the police or a local crisis support organization immediately.
Taking action early can help protect your rights and ensure your safety. Legal professionals in Markham are available to assist you at every step of the process, from initial advice to representation during hearings or negotiations.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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