A workplace harassment policy in Ontario is not a document you draft once and file away. It is a legal requirement under OHSA, a tool your managers rely on when complaints arise, and the first document a Ministry of Labour inspector or Human Rights Tribunal adjudicator will request when evaluating your organization's response to harassment.
Your harassment policy is the foundation — the investigation process builds on it. See our Complete Guide to Workplace Investigations in Ontario. Most policies fail not because they are badly written, but because they are incomplete, outdated, or disconnected from the programs and processes that give them teeth. This guide walks through what the law requires, where policies commonly fall short, and how to build one that meets both legal and operational standards.
What OHSA Requires: The Non-Negotiable Elements
OHSA s.32.0.1 sets the baseline. Every Ontario employer with more than five workers must have a written workplace harassment policy that covers both workplace harassment and workplace sexual harassment. The policy must be reviewed at least annually and posted in a conspicuous place in the workplace.
Beyond the policy itself, s.32.0.6 requires a workplace harassment program that includes measures and procedures for workers to report incidents or complaints, sets out how the employer will investigate, describes how both parties will be informed of results, and includes information about external complaint options (Ministry of Labour, HRTO).
The policy and program are separate requirements, but they should work as an integrated system. Many employers combine them into a single document. That is fine — as long as all required elements are present.
Not sure if your situation requires a formal investigation? Take our free 2-minute assessment to find out if you're legally required to investigate, what it will cost, and your recommended next steps under Ontario law.
The Anatomy of a Compliant Policy
A workplace harassment policy that meets Ontario's requirements should contain seven core sections. Here is what each must address.
1. Statement of commitment. A clear declaration from senior leadership that the organization is committed to a workplace free of harassment. This is not boilerplate — it signals organizational seriousness and is often cited in tribunal decisions as evidence of employer intent. Name the most senior executive or the board as the source of the commitment.
2. Definitions. Define workplace harassment and workplace sexual harassment using the OHSA definitions. Do not paraphrase loosely — use the statutory language, then supplement with plain-language explanation and examples. Common mistake: defining harassment without separately defining sexual harassment. Bill 132 requires the distinction.
Workplace harassment: "Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome."
Workplace sexual harassment: "(a) Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or (b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant, or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome."
3. Scope. Specify who is covered (all workers, including employees, contractors, interns, and volunteers), what locations are covered (the physical workplace, off-site work locations, work-related events, and digital communications), and who can be a respondent (co-workers, managers, executives, clients, vendors, and visitors).
4. Complaint procedure. Provide multiple reporting channels. A policy that only permits complaints to the worker's direct manager fails when the manager is the respondent. Best practice: at minimum, provide the option to report to the direct manager, a designated HR contact, a senior executive outside the reporting chain, and an external reporting mechanism (hotline, email, or third-party intake service).
Specify that complaints can be made verbally or in writing, and that the employer's investigation obligation is triggered regardless of the format. For guidance on how employees should document complaints and manage the reporting process, see how to report workplace harassment.
5. Investigation procedure. Describe the investigation process at a level that sets expectations without constraining operational flexibility. Include who will investigate (internal HR, external investigator, or both depending on circumstances), the general process (intake, interim measures, interviews, evidence review, findings, corrective action), expected timelines (initiation within X days, completion within Y weeks), and confidentiality parameters (what can and cannot be kept confidential).
Do not promise absolute confidentiality. You cannot deliver it. The respondent must know the substance of the allegations. Witnesses may need to be interviewed. Findings may need to be disclosed. Promise to limit disclosure to those who need to know and to protect the privacy of all parties to the extent possible.
6. Outcomes and communication. State that both the complainant and respondent will be informed of the investigation results and any corrective action, consistent with OHSA s.32.0.7(1)(b). Describe the range of possible outcomes — from no finding to progressive discipline to termination — without committing to specific consequences for specific conduct.
7. Prohibition against reprisal. OHSA s.50 prohibits reprisal against workers who report harassment, participate in investigations, or exercise their rights under the Act. Your policy must state this prohibition explicitly and provide examples of what constitutes reprisal: termination, demotion, reduced hours, reassignment to less desirable work, exclusion from opportunities, or any other adverse change in working conditions.
Where Policies Commonly Fail
We review workplace harassment policies regularly as part of our investigation work. These are the gaps we see most often.
Outdated definitions. Policies drafted before Bill 132 (2016) often lack the expanded sexual harassment definition, particularly the sexual solicitation provision. If your policy has not been substantively updated since 2016, it is almost certainly non-compliant.
Single reporting channel. A policy that directs all complaints to HR or to the worker's manager creates a structural barrier when the complaint involves someone in that chain. Multiple independent channels are essential.
No mention of external complaint options. OHSA requires your program to include information about how to file complaints with the Ministry of Labour and the HRTO. Many policies omit this entirely.
Confidentiality over-promises. Promising "full confidentiality" or "your complaint will be kept completely confidential" is a promise you will break. When you do, you undermine trust in the entire process. Promise appropriate confidentiality with clear limitations.
No annual review evidence. The policy itself may be compliant, but if you cannot demonstrate that it was reviewed annually — with documented evidence of who reviewed it, when, and what changes were made — you are not meeting the OHSA requirement.
Disconnected from training. A policy that exists in a handbook but is never communicated, trained on, or referenced in management practice is a paper exercise. Tribunals look at whether the policy was effectively communicated to workers and whether managers understood their obligations under it.
Best Practices Beyond Compliance
Meeting the legal minimum is necessary but insufficient. Policies that actually reduce harassment and protect the organization share several additional characteristics.
Plain language. Write for the audience — workers and managers, not lawyers. Legal precision matters for definitions, but the rest of the policy should be accessible. If a worker cannot understand the complaint process after reading it once, the policy is not working.
Examples. Include concrete examples of conduct that constitutes harassment and conduct that does not. The distinction between firm management and harassment is the most common source of confusion. Provide scenarios that illustrate the line.
Accessibility. Post the policy prominently — not buried in page 47 of an employee handbook. Make it available in the languages spoken by your workforce. Provide it during onboarding and reference it in annual training.
Integration with other policies. Your harassment policy should cross-reference your code of conduct, progressive discipline policy, violence prevention policy, and any other policies that address workplace behaviour. Inconsistencies between policies create confusion and undermine credibility. Your investigation procedures should also align with the step-by-step process outlined in our investigation guide.
Leadership accountability. The policy should explicitly state that managers have an obligation to act when they become aware of potential harassment — not just when a formal complaint is filed. This aligns with the OHSA "no complaint required" duty to investigate and puts managers on notice that willful blindness is not an option.
The Annual Review Process
OHSA requires annual review, but does not prescribe a process. Here is a practical framework.
When. Pick a consistent date — many employers align with the anniversary of the policy's adoption or the start of the fiscal year. Calendar it with a recurring reminder.
Who. The review should involve HR leadership, legal counsel (internal or external), and at least one operational leader who manages people. Including an operational perspective ensures the policy reflects workplace realities.
What to review. Has Ontario legislation or case law changed since the last review? Have there been investigations that revealed gaps in the policy or program? Have workers or managers raised questions that suggest the policy is unclear? Are the reporting channels still functional and staffed? Is the policy consistent with other workplace policies?
Document it. Record the date of review, participants, changes made (or a statement that no changes were required), and the date the updated policy was communicated to workers. Keep this documentation indefinitely.
Getting Your Policy Right
If your workplace harassment policy has not been reviewed since Bill 132 took effect — or if you are unsure whether it meets current requirements — now is the time to act. A non-compliant policy is worse than no policy in some respects: it creates a false sense of security while leaving your organization exposed.
Contact 1205 Consulting for a confidential policy review. We will assess your current policy against OHSA requirements, identify gaps, and recommend specific revisions. If you need a new policy built from scratch, we can do that too — grounded in Ontario law and practical enough for your managers to actually use.
Learn more about our workplace investigation and compliance services.