Can an Employer Be Found Liable for Workplace Harassment in Ontario?

Can an employer be held responsible for workplace harassment in Ontario?

Yes — Ontario employers can be found legally liable for harassment and discrimination in the workplace under the Human Rights Code. In Murray v. SMT Plus Canada, 2026 HRTO 1178 (CanLII), the Human Rights Tribunal of Ontario ruled against an employer whose conduct toward an employee involved a pattern of incidents amounting to discrimination and harassment. The decision is a useful reminder that the Tribunal takes these complaints seriously and has real tools to compensate workers who are mistreated.

If you are dealing with a similar situation, our Ontario employment lawyers can help you understand your rights.

What counts as harassment under the Ontario Human Rights Code?

Harassment under the Human Rights Code means a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome — and that is connected to a protected ground such as disability, race, sex, or age. A single rude comment from a manager usually will not meet this threshold. What the Tribunal looks for is a pattern: a series of incidents that, viewed together, reveal that the employee was being treated differently because of who they are.

In this case, the Tribunal examined multiple incidents over the course of the employment relationship. It found that the cumulative weight of those incidents, not just any one event in isolation, supported a finding of harassment and discrimination. That approach — looking at the whole picture — is consistent with how Ontario tribunals have long analyzed these claims.

Does an employer’s bad faith affect a human rights ruling?

Yes, the good faith (or lack of it) shown by an employer is a relevant consideration in human rights proceedings. When an employer responds to an employee’s concerns dismissively, retaliates, or otherwise acts in a way that compounds the original harm, the Tribunal can factor that into its assessment of both liability and remedy. Bad faith conduct does not just affect how the Tribunal views the employer — it can directly influence the amount of compensation awarded.

This is important for employees to understand: how your employer responds after you raise a concern matters. Keeping records of those responses — emails, meeting notes, HR communications — can be just as valuable as documenting the original incidents.

What compensation can the Tribunal award for workplace discrimination?

The Human Rights Tribunal of Ontario has broad remedial powers. It can order compensation for injury to dignity, feelings, and self-respect — often called a “general damages” award — as well as lost wages and benefits where the discrimination affected the employee’s earnings. In appropriate cases, it can also order the employer to change its policies or practices.

Severance-related remedies may also come into play where the employment relationship has effectively been destroyed by the employer’s discriminatory conduct. Workers who have been constructively dismissed or pushed out of their jobs because of harassment or discrimination may be entitled to compensation that reflects both the human rights violation and the financial loss they suffered.

How is a human rights claim different from a wrongful dismissal claim?

A human rights application under the Code is distinct from a civil wrongful dismissal claim, though the two can sometimes overlap. A wrongful dismissal claim focuses on whether the employer gave proper notice or pay in lieu of notice when ending the employment. A human rights claim focuses on whether a protected ground — disability, race, gender, and so on — played a role in how the employee was treated during or at the end of the employment.

Employees can sometimes pursue both types of claims, but the processes and remedies are different. If you are unsure which path makes sense for your situation, speaking with an employment lawyer early is important. Workers in the Hamilton and Burlington area can reach our Burlington employment law team for guidance specific to their circumstances.

What should employees do if they are being harassed at work?

Document everything. Write down dates, times, what was said or done, and who was present. Keep copies of relevant emails or messages in a personal location outside your work devices. If your employer has a harassment policy or an HR department, report the conduct in writing so there is a record that you raised the issue.

Do not wait too long to get legal advice. Human rights applications in Ontario must generally be filed within one year of the last incident. Missing that deadline can mean losing the right to pursue the claim entirely, regardless of how strong the underlying facts are.

Practical takeaways for employees facing workplace harassment

• Document every incident — dates, details, and witnesses — as soon as it happens, not weeks later from memory.
• Report internally in writing — an email to HR or your manager creates a paper trail that can be critical evidence before the Tribunal.
• Watch the one-year deadline — human rights applications must generally be filed within one year of the last discriminatory act.
• Understand your remedies — compensation for injury to dignity, lost wages, and severance-related relief may all be available depending on your facts.
• Get legal advice early — the earlier you speak with an employment lawyer, the more options you are likely to have.

If your employer’s conduct has made your workplace unbearable, or if you have been let go in circumstances that feel connected to a protected characteristic, speaking with a lawyer about a potential termination for cause or human rights claim is a practical first step.

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UL Lawyers offers a free initial consultation from our Burlington office and serves clients across Ontario. If you believe your rights under the Human Rights Code have been violated, our Ontario employment law team is ready to help you understand your options.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.