Q: Rampant gossip, and my co-workers sharing fake younger photos of me, is making me very anxious at the office. The stress of it all is also starting to impact my mental health outside of work. How do I address this without being penalized or further ridiculed?
A: A toxic work environment can significantly deteriorate the mental and emotional health of the impacted employee.
That is why Ontario’s Occupational Health and Safety Act (OHSA) and Ontario’s Human Rights Code (the code) puts the onus on employers to not only recognize instances of workplace harassment in all forms, but to also address it.
You are specifically experiencing what is legally referred to as a “poisoned environment.”
What is workplace harassment?
The OHSA defines workplace harassment as “engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome.”
Additionally, the code outlines that every employee has a right to freedom from harassment (due to race; ancestry; place of origin; colour; ethnic origin; citizenship; creed; sex; sexual orientation; gender identity; gender expression; age; record of offences; marital status; family status or disability) in the workplace at the hands of the employer or co-workers.
This means that you are legally entitled to a safe and healthy work environment, and you are protected from being penalized for speaking up.
What is a poisoned work environment?
A workplace may become “poisoned” when discrimination or harassment become a part of a person’s workplace to the point where it becomes a term or condition of employment.
Recent legal jurisprudence (2024)
In Tenthorey v. IMS Incorporated, Cinderella Tenthorey claimed she was discriminated against due to her age and/or her sex.
At the time, Tenthorey was 53, and worked as an executive assistant at IMS Incorporated.
Court documents outline that she claimed the CEO of the company, Leon D’Ancona, made disparaging comments about her such as, “I wonder what you will look like in ten 10 years.”
Additionally, Tenthorey alleged that D’Ancona would ask the younger women at the company personal questions about their relationship statuses, and whether they would date him.
Less than a month after being hired, Tenthorey received a termination letter that claimed her experiences were “too senior” for the company’s needs — which she interpreted as also being in reference to her age.
She testified that she was uncomfortable early on in her employment and that D’Ancona had a temper.
She claimed that her employer created a poisoned work environment by allowing harassment.
Ultimately, the Human Rights Tribunal of Ontario agreed, and Tenthorey was awarded $13,000 for lost wages and $25,000 in damages for injury to dignity, feelings and self-respect.
Key case takeaways
Advocating for yourself at the office can be nerve-wracking, but it is important to bring your experience to the attention of your HR team and/or your joint health and safety committee.
The OHSA requires employers address gossiping and overall toxic behaviours in various ways, including providing all employees regular training on workplace harassment and implementing a written policy on the topic that enforces a zero-tolerance approach to such behaviours.
Outline clear and specific incidents of harassment to back your claims including evidence that your co-workers are sharing fake pictures of you.
You can also ask your employer to assist in stopping the sharing of fake photos.
If you find that appropriate change is not occurring, follow up with HR, because your employer must investigate and take appropriate corrective and/or disciplinary actions.
If you do not feel comfortable doing so, you can file a complaint with Ontario’s Health and Safety Contact Centre or the Human Rights Tribunal of Ontario.
You can also retain an employment lawyer to address these employees directly.
Employees also have liability and are required to uphold the OHSA and Human Rights Code.
