Every person has the right to a healthy, respectful, and harassment-free work environment. Yet many workers experience unacceptable behaviors every day. Often, they do not realize that these actions may constitute harassment under the law.

Psychological harassment can take various forms. For example, it may consist of humiliating remarks, isolation, hostile gestures, or excessive surveillance. In some cases, it involves repeated attacks on a person's dignity. Recognizing such a situation is therefore the first step toward taking action.

How to recognize psychological harassment?

Quebec law defines psychological harassment as vexatious conduct that is, abusive, humiliating, or offensive. This conduct must be repeated over time or result from a single serious incident.

Indeed, in most cases, harassment is characterized by repeated negative behaviors. However, the law recognizes that a single serious act may be enough to constitute psychological harassment.

To evaluate a situation, one considers the nature of the behaviors (abusive, humiliating, offensive) and their frequency. Moreover, the intention of the perpetrator is not relevant. Thus, even a joke may constitute harassment if it undermines a person's dignity.

The employer’s obligations

Under the Act respecting labour standards, every employer in Quebec has the duty to prevent psychological harassment. They must also act promptly as soon as a situation is reported.

This responsibility applies regardless of who commits the harassment: a supervisor, a colleague, a client, or a supplier. The obligation also extends to teleworking.

The employer’s obligation arises from the Act respecting labour standards. However, it does not apply to all workers, only those covered by the ALS. This excludes self-employed workers.

The employer must also provide a harassment prevention policy. This policy must explain the preventive measures in place and indicate to whom a situation should be reported.

Finally, failure to comply with these obligations may lead to legal action. The employer could be held liable for the damages suffered by the victimized employee.

Remedies in cases of workplace harassment

A victim of harassment has several remedies, depending on the severity and nature of the behaviors. You may :

• Inform your employer or your union
• File a complaint with the CNESST
• In this case, the limitation period is 2 years from the last event constituting harassment
• File a complaint with the Commission des droits de la personne
• File a complaint with the police

Our firm can help you

If you believe you are a victim of psychological harassment, it is essential to act quickly. Our lawyers can :

• Assess whether your situation constitutes harassment under the law;
• Help you prepare a CNESST complaint or negotiate with your employer;
• Represent you before the courts, if necessary.