According to the Ontario Employment Equity Act:

• All people are entitled to equal treatment in employment in accordance with the Ontario Human Rights Code (OHRC).
• Indigenous people, people with disabilities, members of racialized groups and women are entitled to be considered for employment, hired, retained, treated and promoted in accordance with employment equity principles.

The following principles of employment equity apply throughout Ontario and are applied to each Indigenous person, person with a disability, member of a racialized group and woman:

• Members of these groups are entitled to be considered for employment, hired, retained, treated and promoted free of barriers, including systemic and deliberate practices and policies, which discriminate against them.
• Every employer’s workforce (in all occupational categories and at all levels of employment) will reflect the representation of members of these groups.
• Every employer will ensure its policies and practices with respect to recruitment, hiring, retention, treatment and promotion are free of barriers, both systemic and deliberate, that are discriminatory.
• Every employer will implement positive and supportive measures with respect to recruitment, hiring, retention, treatment and promotion for members of these groups.

Please note: This section uses updated language, not contained in the Ontario Employment Equity Act, to describe equity-deserving groups.

Safety in the workplace means that all individuals in a workplace are reasonably protected from physical, emotional and psychological harm.

Work can take place in both physical and virtual environments. The workplace might refer to a physical building or office space, a virtual environment (e.g., Teams, Slack, Zoom and/or email) or a hybrid combination of both. Regardless of whether you work in an in-person, virtual or hybrid environment, you have the right to a safe workplace.

• Physical harm: factors that pose a risk of injury or death, or otherwise negatively impact our physical health
• Emotional harm: factors that negatively impact our emotional wellbeing such as bullying, or an unmanageable workload
• Psychological harm: the freedom to show up as ourselves, express our identities and engage with others at work (e.g., propose new ideas, seek feedback and report problems) without fear of negative consequences

What is physical safety in the workplace?

Physical hazards are substances or activities that threaten your physical safety. They are present in most workplaces at one time or another. Hazards include unsafe conditions that can cause injury, illness and death. Examples include extreme temperature, poor air quality, noise and radiation.

Your rights to physical safety

• In Canada: Canadian Centre for Occupational Health and Safety (CCOHS)
• In Ontario: Occupational Health and Safety Act (OHSA)

According to the OHSA, when it comes to physical safety in the workplace, all workers in Ontario (including students) have three basic rights:

• The right to know about present health and safety hazards
• The right to refuse work if it endangers your health and safety
• The right to participate and make recommendations about health and safety in your workplace

OHSA requirements

OHSA provides the legal framework to protect workers from health and safety hazards on the job by:

• Setting out duties for all workplace parties and rights for workers to help establish a strong internal responsibility system (IRS) in the workplace
• Establishing measures and procedures for dealing with workplace hazards
• Providing enforcement of the law where compliance has not been achieved voluntarily

Your employer is responsible for a number of duties to protect your physical safety in the workplace. These duties include training on health and safety protections (e.g., WHMIS) and informing workers about relevant workplace hazards.

Your employer is largely responsible for ensuring your physical safety at work, but workers also have duties to uphold in the workplace including reporting physical hazards or safety violations. If you’d like to learn more about your duties as a worker under the OHSA, visit the duties of workers section of the OHSA website.

In Ontario, most businesses with employees are required to register with the Workplace Safety Insurance Board (WSIB). The WSIB supports employees in getting back to work after a work-related injury or illness. The WSIB derives its authority and duties from the Ontario Workplace Safety and Insurance Act (WSIA).

The WSIB has developed an online training course and workbook: Health and Safety 101. which explains your rights and responsibilities on the job and tells you what the OHSA expects from your employer, your supervisor and you. You will receive a "Proof of Completion" certificate once you complete the training.

What is emotional and psychological safety in the workplace?

Emotional and psychological safety in the workplace is a belief shared within a team that it’s OK to take risks, express your ideas and concerns, speak up with questions and admit mistakes, all without fear of negative consequences.

Generally, an emotionally and psychologically safe workplace is an environment in which employees feel comfortable sharing and genuinely expressing themselves.

There are four stages of psychological safety an individual will (ideally) experience in a healthy workplace. Emotional and psychological safety are experienced when you’re able to move through all four stages without fear of embarrassment, marginalization or punishment.

Stage 1: Feeling included
Stage 2: Feeling safe to learn
Stage 3: Feeling safe to contribute
Stage 4: Feeling safe to challenge the status quo

There are seven questions you can ask yourself to determine whether you’re feeling emotionally and/or psychologically safe in your workplace:

1. If I make a mistake, is it held against me?
2. Am I able to bring up problems and tough issues?
3. Are my differences accepted?
4. Is it safe for me to take a risk?
5. Is it difficult for me to ask for help?
6. Would/has anyone deliberately acted in a way that undermines my efforts?
7. Are my unique skills and talents valued and utilized?

It’s important to remember that your rights to emotional and psychological safety are as valid as your right to physical safety in the workplace. For a workplace to be physically safe, individuals must be aware of and protected from hazards that endanger their physical wellbeing (e.g., odors from toxic chemicals). For a workplace to be emotionally and psychologically safe, individuals must be free from harassment and discrimination.

The spectrum of safety

Harassment and discrimination come in many different forms such as ableist and racial microaggressions and macroaggressions. The various forms of harassment and discrimination will be explained in more detail later in this section. Above all, it’s important to remember that it’s the impact on the affected individual(s) that matters when determining whether harassment or discrimination are occurring in the workplace. What this means is that:

• Your subjective interpretation of the behaviour holds the most weight.
• It doesn’t matter whether the emotional and/or psychological harm being caused is intentional or unintentional.
• You don’t have to outwardly object to harassment or discrimination for the behaviour to be considered a violation of the OHRC.
• Even a single incident, depending on the form and/or severity of the behaviour, can constitute harassment or discrimination.

What feels safe for one person may feel unsafe to another. Workplace conduct that’s experienced as harmless to one person may be deeply harmful to another. This is why perspective and impact matter most when it comes to experiences of harassment or discrimination. Harassment refers to behaviour that is both unwelcome (by the person being harassed) and should reasonably be known to be unwelcome (by others in the workplace).

Your rights to equal treatment

According to the OHRC, you have the right to equal treatment and freedom from harassment and discrimination based on the following protected grounds:

• Age
• Ancestry, colour, race
• Citizenship
• Ethnic origin
• Place of origin
• Religion/creed (e.g., beliefs and practices)
• Disability
• Family status
• Marital status (including single status)
• Gender identity and gender expression
• Record of offences
• Sex (including pregnancy and breastfeeding)
• Sexual orientation

Your rights to all parts of the employment process

Your right to safety and equal treatment based on the above protected grounds not only exists in the workplace, but extends to all parts of the employment process, including:

• Job applications
• Recruitment
• Training
• Transfers and promotions
• Apprenticeship terms
• Dismissal and layoffs
• Pay, hours of work, overtime, shift work, holidays and benefits
• Discipline and performance evaluations

What does harassment and discrimination look like in the workplace?

Harassment is defined by the OHRC as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Let’s breakdown this legal definition…

• A course of: typically happening more than once, or as part of an ongoing pattern; depending on the form and/or severity, the harmful conduct need not necessarily happen more than once to be considered harassment
• Vexatious: causing a negative reaction
• Known or ought reasonably to be known: regardless of whether the behaviour is intentional or unintentional
• Unwelcome: the behaviour is unwanted by the person on the receiving end

Discrimination is characterized by the OHRC as:

• Not individually assessing the unique merits, capacities and circumstances of a person
• Making stereotypical assumptions based on a person’s presumed traits
• Having the impact of excluding persons, denying benefits or imposing burdens

How do we identify threats to our safety at work?

Harassment and discrimination, based on any of the OHRC-protected grounds, are explicitly prohibited in the workplace under the OHRC.

Harassment is unwanted conduct in the workplace that results in physical, emotional and/or psychological harm. Harassment refers to behaviour that is both unwelcome (by the person being harassed) and should reasonably be known to be unwelcome (by others in the workplace).

Discrimination refers to unfair treatment of an individual or group. Regardless of whether a person in the workplace or a workplace practice is responsible, if a person receives unequal treatment based on an OHRC-protected ground, it’s considered discrimination. According to the OHRC, it’s wrong to think that discrimination doesn’t exist if the impact was not intended, or if there were other factors that could explain a particular situation. Discrimination often takes place without any intent to do harm and in many cases, there are overlaps between discrimination and other legitimate factors.

There are many forms of harassment and discrimination behaviour, and each exist on a spectrum of severity and scale. Harassment and discrimination can take place on an individual or systemic scale, and in both subtle and overt forms (e.g., from microagressions, macroaggressions, to violence).

Harassment can be, for example:

Verbal	Visual	Physical	Subtle
A comment that puts someone down, or rumours verbally spread about them to others.	A rude meme being shared that targets a person or group protected under the OHRC.	Blocking someone’s safe exit from a situation, pushing, groping, massaging and/or forcing hugs.	Hidden or discreet actions such as isolating someone or leaving them out of social activities because of their identity.

Harassment can be based on many individual factors, including race, gender, sex, age, religion/creed and disability. An important thing to note about harassment is that some of these different forms of harassment can overlap and intersect. For example: if the harassment is of a sexual nature, it’s considered sexual harassment. Harassment based on gender may also be considered sexual harassment.

Discrimination can be, for example:

Direct	Subtle	By Association	Systemic/Institutional
A result of a person treating another individual or group unfairly, or a result of a workplace rule, standard or requirement that results in unfair treatment.	Workplace circumstances that may seem harmless, but when taken in a larger context amount to unfair treatment of an individual or group.	Unfair treatment of an individual based on their relationship with another individual or group.	Policies and practices that may seem harmless at a high level but result in discrimination of individuals or groups within systems, institutions, organizations and workplaces.

When to seek support

If you’re feeling unsafe in the workplace, you should seek support. Experiences of harassment and discrimination can have a negative impact on your self-esteem and sense of safety both inside and outside the workplace.

Given that harassment and discrimination can come in many forms, toxic workplaces can present in overt or subtle ways, and harm can occur on a spectrum of severity - it’s important to know that any and all concerns about your safety in the workplace are valid and should be taken seriously.

Safety means something different for everyone, and people, places and environments can impact us differently depending on our social location. Ultimately, it’s the impact on you that matters. You don’t need to determine whether workplace behaviour is technically harassment in order to access support. If you’re experiencing physical, emotional or psychological harm of any kind in the workplace, that is never okay. If you’re feeling unsafe, it’s recommended that you seek supports that are available to you and make sense based on the circumstances. More information on how to access supports can be found in the “Who should I share with?” section.

Sharing your experience of harassment and/or discrimination in the workplace can be difficult and uncomfortable. Depending on the nature of your situation, sharing your experience may itself feel unsafe. So, it’s important to know that you have agency with respect to how and with whom you respond to harassment and/or discrimination, and when and where you seek support. The following section provides information on your options should you ever experience harassment and/or discrimination in the workplace, as well as some resources and supports available to you, so you can make a safe and informed decision for yourself.

How much should I share?

If something makes you feel unsafe in the workplace, do your best to document the incident(s) privately for your own records (e.g., noting the date and time, location, perpetrator(s) and witnesses and any other details that seem important). Not only will this help to resolve your case, should you choose to seek support, but it can also help prepare you to share your experience with someone you trust when you feel ready.

Write a script to prepare

If the thought of sharing your experience feels challenging, you may also consider writing a script to help you prepare for a conversation, which might include:

• The details of the incident(s) you’ve documented.
• How the incident(s) made you feel, or the impact the experience had on you.
• What you might like support with (it’s okay if you don’t want help yet, or at all - you might just want someone to listen).

Again, sharing can be difficult, but it should always be done on your terms. Not only is it your decision if and when to share your experience, but it’s also your choice as to how much you share. You can disclose as much or as little detail as you wish, you can share names or keep those involved anonymous and you only need to discuss your feelings if you feel comfortable doing so.

Your privacy and confidentiality

Workplace harassment and discrimination are usually highly sensitive situations. Sharing your experience may not always feel safe, and you may be worried about your confidentiality or losing control over your situation if you choose to seek help. Remember: you have a choice about who you share with, and where you seek support.

While confidentiality may not always be guaranteed when you seek support, the options outlined below will offer some considerations about protecting your privacy when disclosing your experience of harassment and/or discrimination in the workplace.

What if I’m not sure whether my concern meets OHRC grounds?

If you’re feeling unsafe in the workplace, you should seek support(s) that make sense for you such as a trusted friend, family member or health professional. You’re not obligated to understand or consult the OHRC before sharing or acting on your situation.

It can be difficult to determine whether a situation has violated your human rights according to the OHRC-protected grounds. Your protected grounds have been violated if you’re discriminated against based on an OHRC-protected ground such as age, race and gender identity in a protected social area (e.g., employment).

If you’re interested in learning more about protected human rights, here are some steps you can take:

• Review the detailed information on the OHRC website
• Contact the OHRC directly for guidance
• Seek guidance from professionals (e.g., advocacy groups)
• Consult resources published by human rights organizations

If you’re dealing with a human rights violation, seeking assistance from qualified professionals or organizations is crucial. They can provide accurate information, guide you through the process and help you understand your rights and available options. Please refer to the human rights resources in the additional resources section.

The Conflict Management and Human Rights Office acts as a resource to all members of the university community (faculty, staff and students) regarding matters of harassment, discrimination and other general forms of conflict.

The University of Waterloo takes the safety and well-being of its co-op students very seriously. Within Ontario, we lean on the Ontario Human Rights Code (OHRC) to protect co-op students working in Ontario from harassment and discrimination. The OHRC states, “Every person who is an employee has the right to be free from harassment in the workplace.” Co-operative Education will also support students in all workplaces regardless of geographic location, understanding that policies may vary from province to province and country to country.

Listen to the following scenarios to better understand your rights regarding harassment and discrimination and how to access support.

It’s important to remember that all co-op students, interns, exchange workers etc., are protected from discrimination the same as full-time, part-time, contract or occasional (relief) workers.

It can be difficult to share what has happened/is happening to you. Your co-op student advisor, or workplace harassment advisor is available to work with you, and to share the options and supports available while respecting your wishes and confidentiality.

Please be aware, that in some circumstances your advisor may need to communicate, in confidence, some or all your situation to other University of Waterloo colleagues to seek their support and guidance in order to support you more fully. In addition, if we feel your safety or the safety of others is in jeopardy, there may be a need to breach confidentiality. You will always be informed ahead of time.

Current Workplace Harassment Advisors are:

Region where your employer is located	Workplace Harassment Advisor
GTA West	Laura Jacob
GTA East	Karry Kwan
Toronto West	Paulette Palumbo
Toronto East	Nicole Brandt
Central West - Ontario/USA	Mike Gatchene
Waterloo + Campus	Lorna Kelly
Centre for Career Action	Eden Mekonen and Graeme Beaton
Eastern Canada/USA	Jennifer Power-Johnston
Western Canada/USA	Kristyn Hancock
International (all non-USA)	Laura Anderton

Regardless of the nature of your situation, you have agency and choice. If the options above still feel limiting, or if you’re still unsure about who to reach out to for support, below is a more comprehensive list of resources (including those above) that will hopefully provide a greater landscape of options for a safe(r) space for you to share your experience and/or seek help if you need it. Please know that you’re not limited to supports at the University of Waterloo.

The OHRC outlines the legal duty employers have to accommodate the needs of people who are negatively impacted by requirements, rules or standards at work due to their membership in a protected group, to the point of undue hardship.

Employment should be designed inclusively and must be adapted to accommodate the needs of members of protected groups in a way that promotes integration and full participation.

• Accommodation: an adaptation or adjustment made to provide members of a protected group with equitable and non-discriminatory opportunities for participation.
• Duty to accommodate: the legal duty employers have to accommodate the needs of people who are negatively impacted by requirements, rules or standards at work due to their membership in a protected group.
• Undue hardship: reasoning given by an employer as to why they may be unable to accommodate a member of a protected group - employers must provide proof of undue hardship (e.g., the accommodation would pose a health and safety risk to others).
• Bona fide occupational requirement: essential to performing the duties of a particular position; if an employer can demonstrate this requirement, there is no duty to accommodate (e.g., vision standards for a truck driver).

Examples of accommodations at work include, but are not limited to:

• Offering screen readers, or other assistive technologies to an employee with a visual impairment.
• Allowing flexible working hours and/or breaks to allow an Indigenous employee to attend a spiritual ceremony.
• Ensuring that washroom facilities are inclusive and supportive of employees of all gender identities.

During the employment process

You have the right to request accommodations at any stage of the employment process, including:

• Job applications
• Recruitment activities
• Training and onboarding
• Transfers and promotions
• Apprenticeship terms
• Dismissal and layoffs
• Pay, hours of work, overtime, shift work, holidays and benefits
• Discipline and performance evaluations

Who do I share my accommodation needs with at work?

You have the choice whether or not to share your accommodation needs at work. If you choose to share, it’s important that you identify who you must share with in order to access accommodations. Most workplaces are proactive in communicating their accommodations process including who to contact. Depending on the size of the organization you’re working for and your reporting structure, who you share accommodation needs with can vary.

If you’re unsure who to contact, you can consider any of the following people:

• Human Resources (HR)
• Your supervisor/manager
• Employee Assistance Program (EAP) counsellor

If you have been temporarily laid off or terminated, the Ontario Employment Standards Act (ESA) outlines your rights and responsibilities related to these scenarios.

• Termination of employment
• Temporary layoff

In Canada, the Employment Insurance (EI) program provides temporary income support to eligible unemployed workers.

If you voluntarily decide to resign from your job, the ESA doesn’t outline your rights and responsibilities in this scenario. However, there is common law (derived from judicial decisions) that covers specific obligations, such as providing adequate and reasonable notice to your employer.

When deciding whether to voluntarily resign from your job, there are many factors to consider, and each case is unique. If you have questions or need advice, please review your organization's employment policies, speak with your Human Resources department and/or seek legal counsel.