Best Sexual Harassment Lawyers in Ontario

Note: Ontario is a province in Canada, not part of the United States. This guide reflects Ontario, Canada law. If you meant a jurisdiction in the United States, please clarify the exact state or federal scope.

1. About Sexual Harassment Law in Ontario, Canada

In Ontario, sexual harassment is treated as a form of discrimination under the Ontario Human Rights Code. The code protects individuals from harassment based on sex, gender identity, sexual orientation, and related grounds in employment, services, and housing settings. Employers and service providers must ensure a workplace and environment free from harassment. When harassment occurs, it can trigger remedies from human rights authorities and, in some cases, human rights tribunals.

The Ontario Human Rights Commission (OHRC) provides guidance on what constitutes harassment and how complaints are handled. Complaints may be pursued through the Ontario Human Rights Tribunal (HRTO), or pursued internally within organizations with investigations and corrective actions. Time limits apply for filing complaints, and the process can vary by jurisdiction and type of workplace.

Mandatory obligations exist for employers to establish policies, training, and complaint processes. These duties aim to prevent harassment, respond to incidents promptly, and remedy harms once they occur. If you face retaliation after reporting harassment, you have additional protections and options to pursue through the appropriate tribunal or court processes.

“Harassment in the workplace is a form of discrimination prohibited by the Ontario Human Rights Code and must be addressed promptly by employers.”

Ontario Human Rights Code (R.S.O. 1990, c. H.19) establishes the core rights and duties for harassment complaints in Ontario workplaces and service contexts. It is the central statutory framework governing these issues in the province.

Canada Labour Code (for federally regulated workplaces) extends harassment protections to employees in those sectors and includes Part II provisions addressing harassment and violence at work.

2. Why You May Need a Lawyer

Legal counsel can help you navigate complex processes and maximize remedies. Below are concrete, Ontario-specific scenarios where a solicitor or lawyer is commonly required.

• A supervisor makes persistent sexual comments and advances despite verbal and written complaints, and the employer delays action. A lawyer can help document misconduct, advise on complaint timelines, and pursue HRTO remedies if the employer fails to act.
• You face retaliation after reporting harassment. A lawyer can assess whether retaliation constitutes a violation of the OHRC, help preserve evidence, and pursue appropriate remedies such as reinstatement or compensation.
• Harassment occurs in a federally regulated workplace, such as a bank or airline. A lawyer can determine whether Canada Labour Code Part II applies and guide you through federal processes.
• Harassment continues after a formal internal investigation, with inadequate or biased outcomes. A legal professional can escalate the matter to the HRTO or seek other court relief to ensure accountability and corrective action.
• You are an applicant who encountered harassment during an interview or hiring process. An attorney can assess if this violates the Ontario Human Rights Code and advise on potential remedies or complaint options.
• A work environment with online or remote harassment affects your ability to perform duties. A solicitor can help gather digital evidence, advise on privacy considerations, and pursue appropriate remedies or settlements.

3. Local Laws Overview

The following laws govern sexual harassment in Ontario and, where relevant, federally regulated workplaces. They provide the core authorities and avenues for enforcement and remedies.

• Ontario Human Rights Code - Prohibits harassment based on sex and related grounds in employment, services, and housing. This code creates a framework for filing complaints, investigations, and tribunal decisions.

  Effective since the code was modernized and codified in the late 20th century; it remains the primary provincial tool for harassment claims in Ontario.

  Ontario Human Rights Code (R.S.O. 1990, c. H.19).
• Occupational Health and Safety Act - Requires employers to provide a safe workplace and to implement policies and programs addressing harassment and violence. This act links safety obligations to harassment prevention in many Ontario workplaces.
• Canada Labour Code Part II - Applies to federally regulated workplaces and addresses harassment and violence in those settings. It complements provincial protections for workers in sectors under federal jurisdiction. Canada Labour Code.

Recent trends emphasize prompt investigation, clear reporting pathways, and stronger protections against retaliation. Employers across Ontario have been updating harassment policies, training programs, and complaint-handling procedures to comply with evolving expectations. Always verify the current version of the statutes, as amendments occur periodically.

4. Frequently Asked Questions

What is sexual harassment under Ontario law?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile work or service environment. It can occur in person or online and may involve a co-worker, supervisor, or customer.

How do I start a complaint in Ontario for harassment?

You can start with your employer’s internal process and then, if unresolved, file with the Ontario Human Rights Tribunal or seek support from the OHRC. Time limits apply, so act promptly.

What is the role of the Ontario Human Rights Commission in harassment cases?

The OHRC provides guidance, educates the public, and helps people understand their rights. It can offer information and referrals, but most formal complaints proceed to the HRTO or a court.

Can I file a federal harassment complaint in Ontario?

Yes, if you work in a federally regulated sector (for example, banks, airlines, or telecommunications). In those cases, the Canada Labour Code Part II applies and may be the correct path for a complaint.

How long do harassment claims typically take in Ontario?

Tribunal proceedings can take several months to years depending on complexity, evidence, and backlog. Internal investigations by employers may conclude faster, but remedies through the HRTO or courts take longer.

Do I need a lawyer to file a complaint?

While you can file some complaints without a lawyer, legal counsel increases the likelihood of a thorough record, proper filing, and a stronger remedy request. A solicitor can also negotiate settlements.

What remedies can the HRTO provide for harassment?

Remedies may include declarations, orders for policy changes, training requirements, compensation for harm, and sometimes reinstatement or other workplace accommodations.

Should I document every incident of harassment?

Yes. Keep dated records, copies of emails or messages, witness statements, and notes from conversations. Documentation supports credibility and the severity of the conduct.

Is harassment in the workplace automatically a legal claim?

No. Each claim requires factual evidence of conduct that is unwelcome, based on protected grounds, and severe enough to create a hostile environment or result in discrimination.

What costs are involved in pursuing a harassment case?

Costs vary by path. Internal investigations cost nothing for the employee if the employer funds them; formal tribunal or court processes involve filing fees and attorney fees, though some support or funding might be available.

How do I choose the right lawyer for harassment work in Ontario?

Look for a lawyer with Ontario experience in human rights, harassment, and workplace law. Consider recent outcomes, client reviews, and your comfort level during initial consultations.

5. Additional Resources

• Ontario Human Rights Commission (OHRC) - Provides guidance, education, and information about rights and complaint pathways under the Ontario Human Rights Code. OHRC
• Ontario Workplace Harassment and Violence Programs - Government guidance on employer responsibilities, policy development, and reporting options within Ontario workplaces. Ontario.ca resources
• Canada Labour Code (Part II: Harassment and Violence in the Workplace) - Federal protections for employees in federally regulated sectors. Canada Labour Code (L-2)

6. Next Steps

1. Clarify the jurisdiction and scope of your case. Decide if your workplace is provincially or federally regulated to determine the proper legal path. This decision shapes which laws apply and which tribunals or courts may hear your case.
2. Collect and organize documentation. Gather dates, times, locations, witnesses, communications, and copies of any reports or investigations. Prepare a concise timeline of events.
3. Consult a solicitor or attorney with Ontario workplace rights experience. Schedule a 60-minute intake to assess eligibility, deadlines, and potential remedies.
4. Determine the appropriate filing path. If provincial, consider filing with the HRTO or consulting OHRC guidance. If federal, prepare under the Canada Labour Code Part II framework.
5. Initiate internal complaints as advised by your lawyer. Ensure you follow internal timelines and preserve evidence while the process unfolds.
6. Request reasonable accommodations and protective measures. Your attorney can seek interim orders or workplace adjustments if needed during proceedings.
7. Monitor progress and adjust strategy. Regularly review with your solicitor, adjust the plan based on responses from employers or tribunals, and prepare for hearings if required.

Sources and official references used in this guide include the Ontario Human Rights Code and related federal and provincial resources. Always verify the current versions of the laws and consult with a qualified solicitor for tailored advice.

“Ontario law requires employers to act promptly to prevent harassment and to protect employees from retaliation when complaints are raised.”

For authoritative information, see: - Ontario Human Rights Code (R.S.O. 1990, c. H-19) - Canada Labour Code (L-2) - Ontario Human Rights Commission