Ontario
What do you need to know? – Workplace Sexual Harassment Training is Mandatory.
Did you know that (since 2016) workplace sexual harassment training is mandatory in Ontario? We’ve got what you need to comply!
Ontario employers of any size must have a workplace sexual harassment “program” that includes a policy, complaints and investigation procedures, and training. These duties are set out in Part III.0.1 of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1(“OHSA”)
The Ministry of Labour’s Code of Practice to Address Workplace Harassment states that employers must provide employees with instruction that:
- sets out what conduct is considered workplace harassment, including workplace sexual harassment, and how to recognize it;
- defines, describes, and gives examples of workplace sexual harassment.
- Reviews the contents of the workplace policy that informs employees
- how and to whom to report an incident of workplace harassment;
- how the employer will investigate and deal with an incident or complaint of workplace harassment.
OHSA sets out the duties of employers, whereas the Ontario Human Rights Code, R.S.O. 1990, c. H.19 (“the Code”) sets out the rights of employees to be free of Code-based harassment in the workplace. Sections 7(2) and 7(3) of the Code provide rights specific to freedom from sexual harassment.
Individual or corporate violations of OHSA can result in substantial fines. Under the Code, a court or tribunal may order individuals and/or corporations to pay monetary damages to a party who has been sexually harassed in the workplace. Providing workplace training can prevent incidents, and limit corporate liability in case of claims or litigation.
