Are Employers Legally Required to Investigate all Harassment Complaints?

Employers in Ontario can’t treat these complaints as optional paperwork or “someone else’s problem.” Under provincial law and human-rights obligations, once an employer knows or ought to know about behaviour that could create a hostile, discriminatory, unsafe or unfair workplace, the employer has a legal duty to investigate – and to do so promptly, fairly and effectively.
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Occupational Health and Safety Act (OHSA) – workplace violence & harassment rules

Ontario amended the OHSA (commonly referred to as “Bill 168” and its subsequent regulations) to require employers to create policies and programs dealing with workplace violence and workplace harassment, and to investigate incidents and complaints. The OHSA and associated government guidance make clear that employers must investigate incidents or complaints of harassment or violence once they become aware of them.
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Ontario Human Rights Code (the Code)

The Code gives employees the right to a workplace free from discrimination and harassment on protected grounds (sex, race, disability, etc.). Employers have the primary legal responsibility to prevent and respond to human-rights-based harassment – including investigating and remedying problems when they arise. Failure to investigate or act can lead to Human Rights Tribunal claims and remedies.
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Case law and professional guidance

Recent decisions and commentary from Ontario courts and bar associations reinforce that the duty to investigate is triggered by awareness of problematic behaviour – not only by a formal written complaint. Legal and HR commentators advise that silence, inaction, or a cursory response may expose employers to regulatory fines, tribunal claims and civil liability.
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Final word

In Ontario, the law treats workplace harassment, violence and discriminatory treatment as safety and rights issues – not merely as disagreements. Employers are legally obligated to investigate incidents and complaints they become aware of, whether those reports are formal or informal. Doing the right thing is also the legally smart thing: a thoughtful, prompt and documented investigation protects employees and reduces legal and reputational risk for the employer.