ARTICLE
21 January 2025

Updates To Harassment Law In Ontario

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Simes Law

Contributor

The Simes Law team believes in translating complex employment laws into clear, understandable concepts – so that you know your rights, obligations, and options.

The lawyers at Simes Law specialize in all aspects of employment and human rights law.

They provide highly responsive, strategic, intelligent advocacy for all work-related matters from pre-employment, throughout the employment relationship and after the end of employment.

Simes Law is currently located in Toronto, ON and Barrie, ON and is able to consult on Ontario Employment Law matters to clients all over the world.

Ontario's Working for Workers Five Act, 2024 (Bill 190) is updating many employment law requirements. Among its key amendments, Bill 190 introduces two important amendments for harassment law...
Canada Employment and HR

Ontario's Working for Workers Five Act, 2024 (Bill 190) is updating many employment law requirements. Among its key amendments, Bill 190 introduces two important amendments for harassment law: the expansion of the definition of workplace harassment and workplace sexual harassment to include virtual harassment and the launching of a consultation process where workplace harassment occurs.

HarassmentLaw – Expanding the Definition

One of the most significant changes introduced by Bill 190 is the expansion of the definition of "workplace harassment" and "workplace sexual harassment" to include virtual harassment. This amendment to the definition under theOHSA now explicitly protects workers from inappropriate behavior that occurs through the use of information and communication technologies. Virtual harassment may include inappropriate emails or messages, behavior during video calls, and harassment via social media or other digital platforms.

By modernizing the definition of harassment, Bill 190 reflects the evolving realities of hybrid and remote work, ensuring that employees are protected whether harassment occurs in person or online.

With the new changes to Ontario's workplace harassment laws, employers must adapt their policies to address virtual harassment effectively. This includes updating harassment policies to cover inappropriate behavior in digital spaces, such as emails, chats, and video calls. Setting clear expectations for virtual conduct, providing regular training on digital etiquette, and encouraging employees to report incidents are essential steps to creating a respectful and safe work environment.

Employees should know that virtual harassment is now formally recognized under Ontario's updated laws, meaning harassment through digital interactions is treated as seriously as in-person incidents. It's important to stay informed about company policies, understand how to report virtual harassment, and be aware of your rights, even while working remotely. Employers remain responsible for ensuring a safe work environment, whether in a physical or virtual environment.

For employers, this means updating policies and practices to align with these new regulations. For employees, it means understanding your rights and speaking up when inappropriate behavior occurs, whether it happens in the office or online.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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