What are the rules about harassment, sexual harassment and discrimination in your employment
 under the Employment Standards Act?

The Occupational Health and Safety Act (OHSA) requires employers to develop a workplace harassment policy and program, and to provide infomration and instruction to workers on the policy and program.

     As of September 8 2016, amendments to the OHSA added the following requirements;

An employer’s workplace harassment program must explain to employees how to report workplace harassment, set out how confidentiality during investigations will be maintained and set out that the results of the investigation and any corrective action will be providing in writing to the complainant and alleged harasser (if still employed by the employer).

 

The employer has a duty to investigate all workplace harassment complaints, to ensure the complainant and alleged harasser (if still employed by the employer) are informed of the results of the investigation and any corrective action, in writing and an obligation to review the program as often as necessary, but at least once a year, to ensure that it adequately implements the workplace harassment policy.

 

The amendments added a new definition of workplace sexual harassment to the OHSA and clarify that workplace harassment includes sexual harassment;


Workplace sexual harassment would include harassment of a worker because of sex, sexual orientation, gender identity or gender expression or an unwelcome sexual solicitation or advance by a person who is in the position to confer, grant or deny a benefit or advancement.

Further, the amendment provided inspectors with the authority to order a workplace harassment investigation by an impartial person, at the employer’s expense
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