Many employees spend the most of their day at work. It is important for the work environment to be safe and comfortable. However, many employees experience bullying, harassment, and violence in the workplace.
The negative effects of sexual harassment and workplace violence are devastating to a person’s career and life.
All employees have the right under the law to a healthy work environment that is free from violence of any kind and harassment.
Employees put up with some of these negative acts at work for fear of losing their jobs.
You should know that you can fight back with lawyers in Toronto who are experienced in dealing with simple or complex cases of workplace issues!
Put a stop to harassment or violence against you at work and exercise your legal rights! Compare lawyers in your area by filling out the short online form on this page, free of charge!
What is Workplace Violence & Sexual Harassment?
In 2009, the Ontario government created more rights and obligations for employers and workers in the workplace with Bill 168.
Amendments to the OHSA dealing with workplace violence and harassment were created to enhance worker protection and security and took effect in June 2010.
To better understand what these are, allow us to talk in more detail about workplace violence and sexual harassment and what they entail.
What constitutes Workplace Violence?
The Occupational Health and Safety Act mandates that all Ontario employers evaluate the risks of violence in the workplace and develop programs that eliminate harassment and violence.
It further defines workplace violence as:
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The use of physical force against a worker in the workplace that could cause physical injury;
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Attempts to use physical force on a worker that could cause physical injury;
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Actions or statements that could be reasonably interpreted as a threat to use physical force against a worker in the workplace that could result in physical injury;
Workplace violence also includes attempted, threatened, or actual behavior of any person in the workplace that could cause physical injury such as:
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Acts like hitting, pushing, kicking, etc.
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Written or verbal threats of an intention to do harm;
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Any behaviour deemed threatening such as destroying property or shaking fists.
Definition of workplace harassment
Workplace harassment, according to the OHSA, means engaging in vexatious comments or conduct against workers in the workplace that are unwelcome.
These negative actions or persistent bullying in the workplace include:
- Verbal abuse (shouting, name calling, making threats)
- Belittling a worker's opinions
- Spreading malicious rumours
- Sabotage of a worker’s work
- Ignoring or excluding a worker or giving the silent treatment.
Are you a victim of sexual harassment or violence in the workplace? Do not tolerate these acts against your dignity or person.
Find out how you can eliminate harassment from your workplace right away - just fill out the short online form to compare lawyers near you.
What is sexual harassment in the workplace?
Sexual harassment is also defined by the Ontario Human Rights Commission as discrimination based on gender. It can undermine a person’s dignity and prevent him or her from earning a living or working efficiently.
If this practice is allowed to continue, it can escalate to violence and poison the work environment for everyone.
Below are some examples of sexual harassment:
- Soliciting a favor in exchange of sex;
- Repeated requests for dates despite being turned down;
- Demanding physical contact (hugs, kisses, touching);
- Insulting comments towards women;
- Unwanted and unnecessary touching;
- Sexual comments or jokes;
- Sharing of pornographic images, graffiti;
- Calling a person sexually derogatory names.
Men and women can be subjected to sexual harassment in the workplace although most victims are women.
You can refuse work
Harassment in any form causes health problems, stress, and anxiety. It creates a toxic work environment that could lead to absences, creating a possibility of wrongful dismissal.
The OHSA Act Sec. 43 provides that workers can refuse to work if they believe violence or an unsafe situation puts their safety at risk. They are allowed to stop work and leave the dangerous situation immediately without fear of repercussions.
A workplace harassment lawyer in Toronto can help you out in this dangerous situation. Find a workplace harassment lawyer using our short online form below without any obligation.
Who can be sexually harassed in the workplace?
Anybody can be a victim of sexual harassment at work. It could happen between members of the same sex or different gender. It can involve customers or clients, service providers, co-workers, supervisors, or even management.
Men, women, young or old, members of the LGBTQ2S community, and from all economic classes can be victims of sexual harassment.
Exemptions from Workplace Harassment
Are you reluctant to report your work situation because it might not qualify as harassment?
The decision to file a complaint for workplace harassment is not easy to make. You may be afraid of getting fired, or not being believed . It is important to remember that your health and safety comes first, and workplace violence or harassment is never okay.
But before you file a complaint, you need to know what situations don’t fall under harassment. These are concrete exemptions:
- Management’s right to manage;
- Workplace conflicts;
- Work-related stress;
- Organizational changes or restructuring
- Difficult employment conditions
- Friendly gestures
- Isolated incidents
Steps to take for sexual harassment or violence at work
If you experienced sexual harassment, speak with your manager of supervisor at the soonest possible time.
If you don’t feel comfortable doing that, you can file a complaint with your company’s Human Resources who is duty-bound to investigate the matter and take action.
An employee can also file a complaint with the Human Rights Tribunal of Ontario or include it in a civil lawsuit for wrongful dismissal, constructive dismissal, or a tort for the infliction of mental suffering or physical abuse.
In the latter, it is best to consult a lawyer to help with the civil lawsuit or tort claim.
Reporting cases wherein the harasser is an employer or manager
OHSA Ontario mandates a workplace harassment program for businesses that will receive and investigate complaints of workplace harassment if the harasser is an employer or supervisor.
The HR Manager, consultant, or external third party can be designated to handle these cases. The person designated must not be under the direct control of the alleged harasser and must be able to handle it with utmost objectivity.
Any business that does not comply with this requirement can be subject to lawsuits, fines, and prosecution.
Sexual harassment becomes criminal in nature if there is attempted physical assault or sexual assault or threats of an assault.
If the situation includes stalking, or you are touched without consent in a sexual manner, the harasser could be charged with sexual assault.
How do Workplace Harassment Lawyers Help Victims
Sexual harassment is illegal under federal and state law. Proving it is difficult without an experienced and competent lawyer.
If an employer makes sexual factors a condition for employment, promotion, salary increases, or other benefits, the court deems it as a “quid pro quo” harassment. It doesn’t matter if the employee rejects or accepts such demands as they are illegal if unwanted or forced.
Retaliation because of rejection of these advances is also against the law.
If constructive dismissal occurs because of workplace violence or harassment, you are entitled to punitive damages. For instance, if your compensation was slashed or the environment at work has become intolerable, a workplace harassment lawyer will advise you of your next steps.
Sexual harassment or sexual assault at work is emotionally and mentally difficult to handle. You need qualified lawyers with the skills and experience in handling such cases to win a lawsuit.
Would you like to be reinstated at work after constructive dismissal as a result of sexual harassment or discrimination?
Do you wish to get compensation for economic loss or mental suffering?
Lawyers from the JuriGo network would be happy to help you win your case. Just fill out the form on this page, free of charge!
The Cost of Workplace Harassment Lawyers in Toronto
Employment lawyers for workplace harassment in Toronto can costfrom $250 to $850 or more on average.
Several factors can influence this cost. Experienced lawyers are likely to charge higher rates. Lawyers in smaller cities like Barrie, Waterloo, or Brampton may have lower rates than lawyers in Toronto. Lastly, the complexity of your situation will also play a huge part in your legal fees.
Of course, cost is an important consideration in choosing a lawyer for your case. However, price should not be the biggest factor in your decision.
Lawyers’ rates will vary among the different law firms so comparing multiple offers is very important.
Your legal costs depend on what the lawyer must do for you. A trial could require hundreds of hours to prepare while a demand letter can take just 4 or 5 hours.
The best way to get an accurate cost is to compare lawyers’ rates using our short online form!
Get Legal Assistance for Workplace Harassment or Violence
Have you suffered mental anguish or economic losses as a result of workplace violence or harassment? You can sue the harasser and the employer as well.
Lawsuits related to workplace sexual harassment are complicated. You need to get legal advice from the experts of labour law.
The longer you wait before speaking to an employment lawyer, the more difficult things could become. Delays can prevent you from pursuing future claims or defending yourself.
Don’t waste any more time in getting a resolution for your problem. Find the best workplace harassment lawyer from JuriGo today using our short online form.