What does not constitute workplace harassment?

Harassment is a broadly defined term - vexatious comments or conduct that are known or ought to be known to be unwelcome. As such, it is helpful to understand what actions or behaviours would likely not amount to harassment. However, it is important to consider context and other factors before dismissing a complaint.

The Occupational Health and Safety Act provides that reasonable actions taken by a supervisor, manager or the employer that relate to the management of the workplace or direction of employees would not amount to harassment. However, changes in assigned work, scheduling or disciplinary action, for example, could constitute harassment if the actions are not exercised reasonably and fairly. However, if a manager consistently assigned the ‘worst’ shifts to the only Muslim employee and there is evidence to support a conclusion that the employee’s religion was a factor in the decision to assign the ‘worst’ shifts, it could amount to Code-based harassment, for example.

Examples of actions that typically do not constitute harassment

• Minor disagreements and differences of opinion between co-workers;

• Personality conflicts;

• Consensual acts;

• Performance management (i.e., reasonable supervisory actions);

• Work-related stress or difficult conditions of employment.

It is important not to dismiss a complaint that could amount to harassment. It is wise to conduct a preliminary inquiry to determine if there are other incidents or information that could impact the assessment of the merits of the complaint. If you require assistance with a complaint and/or investigation, please contact us.