How Should an Employer Handle a Workplace Harassment Complaint?

When an employee comes forward with a workplace harassment complaint, the way an employer responds in the first few days can matter a great deal. Employers in Ontario are generally expected to take these complaints seriously, follow a fair process, and avoid actions that could look like retaliation against the person who spoke up. Getting this wrong, even unintentionally, can create legal risk and damage trust across the workplace. Below is a general overview of how employers may want to approach a harassment complaint, though the right steps will always depend on the specific facts and your workplace policies.

Take the Complaint Seriously From the Start

However a complaint arrives, whether it is a formal written report or something mentioned more informally in a conversation, it is generally a good idea to treat it as something that needs attention. Dismissing a concern too quickly, or suggesting the employee is overreacting, can discourage people from coming forward and may increase legal exposure down the line.

This does not mean assuming the complaint is true before looking into it. It means acknowledging that the concern has been raised, letting the employee know it will be looked into, and avoiding comments that could be seen as prejudging the outcome either way.

Protect Confidentiality Where Possible

Confidentiality is an important part of handling a harassment complaint, though it is rarely absolute. In most cases, the details of a complaint should only be shared with people who genuinely need to know, such as those involved in the investigation or decision making. Gossip or unnecessary disclosure within the workplace can make the situation worse for everyone involved, including the person who complained and the person the complaint is about.

That said, complete confidentiality is often not realistic, since the person the complaint is about will usually need to know the substance of the allegations in order to respond. Employers should generally aim to limit disclosure as much as reasonably possible while still following a fair process.

Follow Your Workplace Policies and Procedures

Most Ontario workplaces are required to have a written workplace harassment policy and a related investigation program. When a complaint comes in, it is generally a good idea to go back to that policy and follow the steps it sets out, rather than improvising a response. This can include timelines for acknowledging the complaint, who is responsible for investigating, and how the outcome will be communicated.

If your workplace does not have a clear policy in place, or if the existing policy does not seem to fit the situation, this may be a good time to speak with a lawyer about your obligations and how to proceed.

Investigate Appropriately

Depending on the nature and seriousness of the complaint, an investigation may be handled internally, by someone outside the immediate reporting relationship of those involved, or by an external investigator. The goal is generally to gather relevant information in a fair and even handed way, which usually involves speaking with the complainant, the respondent, and any relevant witnesses, along with reviewing any documents or communications that may be relevant.

It is worth keeping in mind that an internal investigation is not the same as a court process, and the standard of proof and procedures involved can differ. Even so, the investigation should generally be conducted objectively, without a predetermined outcome, and the findings should be documented in case they are needed later.

Avoid Any Appearance of Retaliation

One of the most important things an employer can do is avoid taking any action, or allowing others to take any action, that could look like retaliation against someone who raised a complaint. This can include changes to hours, duties, or reporting relationships, exclusion from meetings or opportunities, or any form of discipline that appears connected to the complaint rather than to unrelated performance issues.

Retaliation does not always have to be obvious to create risk. Even subtle changes in treatment, if they follow closely after a complaint, may raise questions later. Employers should generally be cautious and consistent in how they treat the complainant throughout and after the process.

Communicate the Outcome Thoughtfully

Once an investigation is complete, the employee who raised the complaint is generally entitled to know the outcome, though the level of detail shared may depend on privacy considerations and the nature of any resulting discipline. Employers should generally avoid sharing more detail than necessary about what action, if any, was taken against another employee.

Whatever the outcome, it is generally a good idea to check in with the complainant afterward to see how things are going, and to reinforce that retaliation of any kind will not be tolerated.

Final Thoughts

Handling a workplace harassment complaint well generally means taking it seriously, protecting confidentiality where reasonably possible, following your workplace policies, investigating fairly, and staying alert to the risk of retaliation. Every situation is different, and what counts as a reasonable response can depend heavily on the specific facts involved.

Because these situations can carry real legal risk for employers, it is generally a good idea to speak with a lawyer early in the process, rather than after a complaint has already gone sideways.

Frequently Asked Questions

Q: Is an employer legally required to investigate a harassment complaint?

A: In many cases, yes. Ontario workplaces generally have obligations to look into workplace harassment complaints, though the specific requirements can depend on the size of the workplace and the nature of the complaint. A lawyer can help clarify what applies to your situation.

Q: Can an employer discipline an employee based on a harassment complaint alone?

A: Not usually without some form of investigation first. Discipline based only on an unverified complaint, without giving the other person a chance to respond, may create fairness concerns and legal risk depending on the circumstances.

Q: What counts as retaliation against someone who complained?

A: Retaliation can take many forms, from obvious discipline to more subtle changes like being excluded from projects or treated differently. Whether a specific action counts as retaliation often depends on timing and context, so it is worth discussing specific concerns with a lawyer.

Q: Should a small business without an HR department still follow these steps?

A: Generally, yes. Even smaller workplaces are usually expected to take complaints seriously and respond fairly, though how that plays out in practice may look different than in a larger organization. Speaking with a lawyer can help you figure out a reasonable approach for your workplace.

Contact DevLaws

If your workplace is dealing with a harassment complaint and you are not sure how to respond, the team at DevLaws is here to help. Contact DevLaws today to schedule a consultation and talk through the options that may be available in your situation.

contact@devlaws.com | +1 437 290 0424 | devlaws.com

Disclaimer

This article is provided for general information purposes only and does not constitute legal advice. It is not intended to create a lawyer-client relationship. Laws, policies, and workplace requirements can change, and the information here may not reflect the most current developments. Every situation is different, and the information in this article may not apply to your specific circumstances. If your workplace is dealing with a harassment complaint, you should consult a qualified lawyer for advice tailored to your situation. DevLaws does not guarantee any particular outcome or result.