Free legal advice available for Ontario workers facing sexual harassment

By Amanda Nelson

Waterloo Region Community Legal Services has partnered with the Sexual Harassment Advice Prevention Education (SHAPE) project to provide free legal advice to workers across Ontario who have experienced sexual harassment in the workplace.

Funded by the Department of Justice, the program offers confidential legal information and guidance under employment and human rights law. It is open to anyone in Ontario and can assist with any questions or concerns related to harassment in the workplace.

A 2024 report from Statistics Canada found that 47 per cent of surveyed women reported experiencing some form of harassment or sexual assault in the workplace. Approximately three in 10 men also reported harassment in the workplace. Harassment can be inappropriate sexualized behaviour, discriminatory behaviour or sexual assault. Workers who identify as part of the 2SLGBTQ+ community were found to be two to four times more likely to experience harassment or sexual assault on the job.

Despite being available for more than a year, the SHAPE program has been underutilized.

Joanna Mullen, an employment lawyer with Waterloo Region Community Legal Services, said fear of repercussions can prevent workers from seeking help, particularly when the alleged harassment involves someone in a position of authority.

“The service is for anyone who's looking for information or advice about their rights around harassment in the workplace,” Mullen said. “Anyone is welcome to call us, even if, potentially, we're talking about something that happened a long time ago. It's still a good idea to find out what your options are and what your rights are.”

Mullen said workplace sexual harassment can take many forms.

“Sexual harassment in the workplace can be sexualized jokes. I've had cases where people in the workplace are given nicknames that have sexualized connotations. That's a form of sexual harassment,” she said. “And then there can be more extreme examples where you could have sexualized touching, sexual assault, sexual solicitation. Sexual solicitation is a legal way of saying that someone in a position of authority over you, or even a co-worker, attempts to start a sexual relationship, and that causes a power imbalance.”

The clinic provides legal advice related to employment and human rights legislation but does not handle civil lawsuits or personal injury claims related to sexual assault.

“We're providing legal advice about people's rights under employment law and human rights law. We're not experts when it comes to personal injury or civil liability for sexual assault issues,” Mullen said. “If someone comes to us and is interested in pursuing a case civilly in court, we would then refer them to someone who could help.”

Mullen emphasized those she helps remain in control of any next steps after seeking advice.

“Ultimately, the person who calls us gets to decide what happens. They can choose whether or not to take legal action,” she said. “But it is important, I think. Even if you decide that you don't want to do anything about it, it can be empowering. It can be empowering to gain knowledge about what the law says, what your rights are and what an employer should have done based on what happened.”

All personal information shared with the clinic is kept confidential and is only shared internally for contact purposes.

Workers seeking advice can call 1-833-677-5146 Monday to Friday from 8 a.m. to 8 p.m. More information is available at shapeyourworkplace.ca.