HarassmentSexual Harassment

Sexual Harassment in the Workplace

Unwanted sexual conduct, comments, or advances that violate your dignity and your rights.

Content last verified against official statutes: March 30, 2026

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What the Law Says

CHRA s.14(1) prohibits harassment based on sex, sexual orientation, or gender identity. SOR/2020-130 explicitly includes “any action, conduct or comment, including of a sexual nature” in the definition of workplace harassment and violence. Sexual harassment includes unwelcome sexual advances, requests for sexual favours, sexually suggestive remarks, displaying sexually explicit material, and any conduct of a sexual nature that creates a hostile work environment.

What This Means for You

You do not have to be physically touched for it to be sexual harassment. Repeated comments about your appearance, “jokes” of a sexual nature, unwanted invitations after you have said no, sharing explicit images in the workplace, or making employment decisions based on your response to sexual advances all qualify. A single serious incident can be enough. You do not need to prove a pattern.

Real Example

An employee at a Canadian company received repeated comments from a supervisor about their physical appearance during team meetings. When the employee declined a social invitation outside work, the supervisor began excluding them from project assignments and scheduled performance reviews for the first time. The employee documented each incident with dates and witnesses, filed a formal complaint citing CHRA s.14 and SOR/2020-130, and noted the timeline between the declined invitation and the adverse changes. The investigation confirmed the conduct and corrective action was taken.

Real Court Decision

In Starr et al. v. Stevens (2024 CHRT 127), the tribunal awarded $165,000. Read the full case →

Real Court Decision

In Knowles v. Ontime Moving (2025 BCHRT 183), the tribunal awarded $64,630. Read the full case →

What You Can Do

  1. 1Document every incident with date, time, location, what was said or done, and who witnessed it.
  2. 2If safe to do so, tell the harasser directly that their conduct is unwelcome and must stop. Do this in writing (email) so there is a record.
  3. 3File a formal written complaint with HR citing CHRA s.14 and SOR/2020-130.
  4. 4If the harassment continues or if your complaint is not adequately addressed, file with the CHRC (1-year deadline from last incident).
  5. 5Preserve all evidence on your personal device.

Warning Signs

  • Comments about your body, clothing, or appearance that have no professional relevance
  • "Jokes" or "compliments" of a sexual nature, especially repeated after you signal discomfort
  • Unwanted physical contact (touching shoulder, hugging, standing too close)
  • Requests for dates or social meetings after you have declined
  • Sharing sexually explicit content (images, videos, messages) in person or digitally
  • Employment decisions (promotions, assignments, reviews) that correlate with your acceptance or rejection of advances
  • A supervisor or colleague creating an environment where sexual comments are normalized

What to Document

  • Exact quotes of what was said, with dates and times
  • Names of witnesses present during each incident
  • Screenshots of any digital messages (texts, emails, chat)
  • Any changes to your work assignments, schedule, or performance reviews following your rejection or complaint
  • Your written objection to the conduct (if you sent one)
  • The timeline showing correlation between the harassment and any adverse employment action

Where to File

Internal

  • Written complaint to HR citing CHRA s.14 and SOR/2020-130
  • If the harasser is your direct supervisor, escalate to their manager or senior HR

External

Canadian Human Rights Commission (CHRC)

1-year deadline from last incident.

1-year deadline

Canada Industrial Relations Board (CIRB)

If the harassment is retaliatory.

90-day deadline

Police

If the conduct involves assault, threats, or criminal behaviour.

Report promptly

Key Statutes

CHRA s.14(1)Harassment on prohibited grounds including sex
CHRA s.7Differential treatment in employment
SOR/2020-130Workplace harassment and violence prevention process
CLC s.147Reprisal protection
Criminal Code s.264Criminal harassment/stalking — if applicable
Criminal Code s.265Assault — if applicable

When Should You Contact a Lawyer?

This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.

The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.

By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.

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Cite This Page

MyWorkRights.ca, "Sexual Harassment in the Workplace," accessed 2026-04-01, https://myworkrights.ca/harassment/sexual-harassment

Written by the MyWorkRights.ca team, based on direct experience navigating the CIRB, OPC, and CHRC complaint processes and 500+ hours of employment law research.