Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you. 

The Human Rights Tribunal of Ontario and what it does

The Human Rights Tribunal of Ontario (HRTO) is an arm’s-length agency of the provincial government where you can file a formal complaint saying you’ve been sexually harassed. One law that protects you from discrimination is the Ontario Human Rights Code. Sexual harassment under the code is a type of discrimination based on sex. If your complaint falls within the commission’s jurisdiction, it will accept it for processing.

When you think about filing a complaint, you might imagine a process that ends in an adjudicator definitively ruling that what happened to you was either right or wrong. But in reality, that almost never happens. In 2022-23, almost half of the roughly 3,400 cases the OHRT closed were dismissed by the tribunal; of the ones that weren’t, only 33 were decided on their merits, and in about half of those no discrimination was found. The majority of cases are settled through mediation, not by an adjudicator.

We’re not saying don’t make a complaint to the tribunal, but it’s very unlikely the outcome will be a public acknowledgement of the fact that you were harassed. If you think you would be satisfied with a private settlement, which could involve such things as money to compensate you for the harm you experienced, an apology or a job reference, then having your complaint mediated could be right for you.

Facts about the HRTO

  • Every year, about 550 people file a complaint with the tribunal saying they have been discriminated against or harassed on the basis of their sex.
  • Most of the complaints filed with the HRTO never get formally decided by the tribunal. If they’re not settled through mediation, almost 80% are abandoned before a trial for reasons that have to do the process taking so long—usually many years. 
  • When the tribunal decides that someone was discriminated against or harassed, it sometimes gives them an award of money as compensation for financial losses they suffered or the hurt and loss of dignity they experienced. There is technically no limit to the amount of money the tribunal could award, but it is seldom over $30,000.
  • Sources: Tribunals Ontario 2022-23 Annual Report; Tribunal Watch; Human Rights Legal Support Centre

Why consider filing a complaint with the tribunal

If you decide to file a complaint with the tribunal, here are a few things you may get out of the process:

  • It could be a chance to tell the harasser what they did is not okay.
  • You might get back money you lost because of the harassment—maybe you didn’t get a special project or a promotion, or were fired.
  • You might get your job back or get a reference for a new one.
  • You could request that your workplace make changes that would affect everyone there, not just you, like improving employee policies and training around sexual harassment.
  • It is possible you might get some money to recognize the emotional harm you suffered from the harassment.

How to make a complaint to the tribunal

To file a complaint for yourself you must complete Form 1. If someone like a lawyer or paralegal is filing for you, they should fill out Form 1G. The tribunal has a very comprehensive applicant’s guide to filing an application that will be useful, though a bit technical. A better option might be the information on the Human Rights Legal Support Centre website. 

The HRLSC, which is funded by the Ontario government and is not part of the tribunal, can help you with the tribunal process. Start with its online questionnaire, which lets you figure out whether you’ve been discriminated against under the Ontario Human Rights Code. If it seems that you have, the HRLSC can give you guidance on completing and filing an application and provide you with legal advice and assistance; sometimes this can include assigning you a lawyer to represent you at mediation or a hearing.

You can file an application against anybody who is sexually harassing you at work—your employer, a co-worker, a supervisor, a customer, or a contractor. In your application, you can also name the company or organization you were or are working for. Even if your employer is not the one who’s harassing you, they have to protect you from sexual harassment and a harassing environment. See How to report sexual harassment to your employer.

Will the tribunal accept your application?

  • You have one year from when the harassment happened to file your application with the tribunal. If the harassment happened more than once, the deadline is one year from the last incident of harassment. 
  • You can file a complaint with the commission if you work in Ontario or if the harassment happened in Ontario, but not if you work at a federally regulated workplace. See Am I a federally regulated worker? (And why it matters.)
  • You’re covered if you’re unionized or non-unionized, temporary or permanent, an independent contractor, or undocumented.
  • Even if the harassment happened outside Ontario, the tribunal may take your case if you work for an Ontario-regulated employer and you’re based in Ontario—for example, if the harassment happened while you were on a business trip outside of the province.
  • After you submit your application, the tribunal might decide that the harassment you faced doesn’t relate to a ground of discrimination under the code. In that case, your application will not proceed.

How mediation works

While both you and the respondent—the person your complaint is about—will be encouraged to participate in mediation, no one can be forced to do this. It involves you and the respondent finding a solution to your complaint—something you both agree to.

If you agree to the process, the tribunal will assign you a mediator. Mediators are experts in dispute resolution and human rights law who listen to you and the respondent and work with both of you to come to a settlement. They’re not supposed to pick a side, and they aren’t supposed to favour either you or the respondent. They may explain to you why your case is weak or strong, but they won’t make a decision about whether your complaint is justified. Their goal is to try to reach a solution that both parties can agree to, so your case doesn’t have to go to a hearing. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act. 

The mediator will not tell you what to do but they can tell you the strengths and weaknesses of your case. This can help you decide on a realistic settlement goal or what the outcome might be if you choose to go a hearing.

It can take five months or more from the time you and the respondent agree to mediation for a meeting to be scheduled. When that happens, it will probably be conducted electronically. 

For more information

The HRTO website includes a detailed guide to mediation. You’ll also find how-to guides about preparing for the mediation and hearing processes on the Human Rights Legal Support Centre site. 

Pros and cons of mediation

  • The mediation process is free.
  • Many people participate in mediation without a lawyer or paralegal.
  • Mediation can be less stressful and simpler than a hearing. It doesn’t involve gathering evidence, calling witnesses, or testifying.
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Reaching a settlement is usually faster than a hearing, which could take years to happen.
  • More creativity is possible in mediation. For example, you can’t ask for an apology in a hearing.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, you still may have the option of a hearing.
  • Mediation doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You may not be able to share details of any mediated settlement you reach if the settlement you agreed to includes a confidentiality clause—in that situation you must sign a non-disclosure agreement
  • You may not get everything you ask for—you have to be ready to compromise. 

What you might ask for

Money to compensate you for:

  • The harm to your dignity, feelings, and self-respect.
  • Lost wages.
  • The cost of counselling sessions you’ve needed and/or money to cover future counselling.

Besides money:

  • An apology.
  • Your job back or a reference letter for a new one.
  • A change at the workplace, like including a sexual harassment section in the policies handbook.
  • Your employer having to take a course about preventing and dealing with sexual harassment. 
  • A donation to a charity of your choice as a way of saying sorry.

What are you likely to get?

Details of mediated settlements are private. However, you’ll find brief descriptions of some real-life examples on the Human Rights Legal Support Centre site. In a number of those cases the agreement didn’t involve money at all; instead, the respondents were ordered to do things like take human rights training or create a human rights policy that all managers would have to be trained about. Where there was a financial settlement, no amount was shown. But the types of monetary awards when sexual harassment cases are decided at hearings are a guide. The range is really wide: from $10,000 to $200,000. However, there aren’t very many big awards, and they happen when the harassment was particularly bad and went on for a long time. 

Beyond mediation

If you or the respondent chooses not to participate in mediation or the process fails, it’s possible your case will go to a hearing. First, though, there will be a preliminary hearing where an adjudicator decides whether your complaint can go forward. Many complaints are dismissed at this stage because people have abandoned them.

This happens for several reasons that have to do with the really long time it takes for complaints to reach the hearing stage—if they do at all. 

  • Sometimes people withdraw their complaint because years have passed, and they decide it’s no longer worth pursuing. 
  • Sometimes they decide they want to move on with their lives after such a long delay or they don’t want to relive the harassment.
  • Sometimes the conditions they wanted changed are no longer the same as they were when the harassment happened: Maybe the person who harassed them has left the workplace or the business has changed hands.
  • Sometimes, after years of delay, they suddenly get a notice asking them to do something about their case and they don’t have enough time to respond. This is particularly likely to happen when people don’t have legal help.

Pros and cons of your case being decided at a hearing

  • The tribunal has expertise in harassment. All it does is handle complaints of discrimination, including harassment.
  • The tribunal has the power to say that, yes, you were harassed, and that what happened to you was wrong.
  • The tribunal can order many different remedies. It can award you money. If you were fired or had to quit because of the harassment, it can order your employer to give you your job back. It can order your employer to make a donation to a charity, or to provide anti-harassment training.
  • If you go to civil court instead of the tribunal, you might end up having to pay the other party’s legal costs if you lose your case. With the tribunal process that can’t happen. You will never end up needing to pay the other party’s legal costs.
  • It can take years for a hearing to be held.
  • If you hire a lawyer to represent you, that will be expensive. If you don’t hire a lawyer, your chances of success are much lower. People who represent themselves at the tribunal are less likely to have their complaints found justified.
  • Very few people end up being told by the tribunal that they were harassed and what happened to them was wrong. Tribunal data show that of all the cases that go through the tribunal process, less than 2% end up with the tribunal having a hearing and finding in favour of the person who was harassed. 
  • Tribunal financial awards are usually fairly small. There is technically no limit to the amount of money the tribunal could award you, but awards are generally under $30,000. The amount of an award is affected by how severe the harassment was and how long it went on. And remember, with most tribunal cases, people don’t end up receiving any money at all.
  • If you choose the tribunal process, you may close the door to other legal options.
  • Even if the tribunal awards you money or other things, that doesn’t mean you will necessarily get them. It can be hard to force your employer or the harasser to give you everything the tribunal ordered, or what you agreed to in mediation.
  • Like in any legal process, your opponents will try to undermine your credibility and make you look bad. You could end up feeling disbelieved and unsupported.
  • Some psychologists believe it’s a bad idea for people who have experienced sexual harassment to get involved in any legal process. They say legal processes can slow down your ability to heal emotionally from what happened to you, because they keep you focused on the past. These experts believe that it can be healthier for the person who experienced harassment to put the past behind them and focus on their present and future.

If your case goes ahead

You can find out more about the preparing for a hearing on the Human Rights Legal Support Centre’s website. 

This helpful video from the tribunal illustrates what happens at a hearing.

While theoretically it is possible to proceed with a complaint representing yourself, this is very challenging, time consuming, and potentially harmful to your mental health. Your chances of success are much greater with legal help.

Here are some places that offer free or lower-cost legal services:

  • The HRLSC provides free legal help and support to people throughout Ontario who have been discriminated against, including those who have been sexually harassed. It offers services in 140 languages, including Cree, Oji-Cree, Mohawk, and Ojibway. It can help with applications to the Human Rights Tribunal and may be able to assist with representation at the tribunal and other aspects of the process, though this is not guaranteed. The type of assistance that the HRLSC will be able to give you is decided on a case-by-case basis. 
  • Legal Aid Ontario funds over 70 community and specialty legal clinics, many of which provide employment law services. These can include assisting with complaints to the tribunal, including complaints relating to workplace sexual harassment. The specialty clinics serve Toronto clients based on their identity—Aboriginal Legal Services, the Black Legal Action Centre, Centre for Spanish-Speaking Peoples, for example. Legal Aid is only for those with low incomes; in 2024, the maximum income for one person to access clinic services was just under $23,000. Find a legal clinic here.
  • Pro Bono Ontario has a legal advice hotline. The lawyers there can help you determine what your legal issues are and aid you in drafting letters and basic legal documents. They may also be able to refer you to pro bono and other lawyers; the pro bono service is dependent on your income level.
  • The Barbra Schlifer Commemorative Clinic assists low- and middle-income women-identified and non-binary people who have experienced violence. It has lawyers who can give you advice about your legal options if you have been sexually assaulted or harassed. The clinic’s #AndMeToo project is for marginalized women who have been sexually harassed at work.
  • JusticeNet is a not-for-profit service for those whose income is too high to qualify for legal aid but too low to afford regular legal fees. To qualify you must have a net family income under $70,000, or $90,000 if there are three or more people in your family, and be experiencing financial difficulties. Participating lawyers’ reduced rates vary depending on your family size and income.
  • 211 Ontario is a free and confidential 24/7 phone and text service that connects individuals to services in the province. You can call or text 2-1-1 to be connected with trained professionals to help find support services.
  • Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.