In every workplace, people deserve to feel respected, safe, and valued. But sometimes, harmful behaviours like discrimination, harassment, and victimisation can break that trust.
These terms are often used together or even confused with one another—but they have different meanings and effects.
Understanding the difference between discrimination, harassment and victimisation is not just about being respectful—it’s also about staying within the law and creating a healthier workplace for everyone.
Discrimination happens when someone is treated unfairly because of personal characteristics like race, gender, age, or disability.
Harassment goes further—it involves unwanted behaviour that makes someone feel unsafe, offended, or humiliated.
Victimisation is when someone is punished or treated badly for speaking up about discrimination or helping someone else file a complaint.
In Canada, nearly 1 in 4 workers say they’ve faced harassment or discrimination at work, according to Statistics Canada.
These behaviours hurt more than just individuals—they damage team morale, increase turnover, and can even lead to legal consequences for employers.
Knowing the difference between these three issues helps organizations respond better when problems arise. It also shows employees that their concerns will be taken seriously.
By clearly understanding and addressing each of these behaviours, employers can create a safer, fairer, and more respectful workplace for everyone.
What is Discrimination?
Discrimination in the workplace happens when an employee or job applicant is treated unfairly or unequally based on personal characteristics protected by law.
In Canada, these characteristics include race, gender, age, religion, disability, sexual orientation, and more, as defined under the Canadian Human Rights Act and each province’s own human rights legislation—like the Ontario Human Rights Code or Alberta Human Rights Act.
Workplace discrimination can show up in many ways, from refusing to hire someone based on their age to paying a woman less than a man for the same job.
It can also occur during promotions, access to training, job assignments, or even workplace benefits.
Employers in Canada are legally required to provide a workplace free from discrimination and to accommodate employees' needs up to the point of undue hardship.
Discrimination can be subtle or direct, but either way, it’s harmful to the individual and damaging to the organization. Recognizing the different types of discrimination is key to creating fair and equal workplaces for all.
Types of Discrimination
Discrimination isn’t always obvious. It comes in different forms, and knowing the differences can help employees identify unfair treatment and take action.
The most common types include direct discrimination, indirect discrimination, and discrimination that leads to victimisation.
Direct Discrimination
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic. For example:
- A qualified woman is passed over for a promotion because her employer believes men are better leaders.
- An older employee is denied training opportunities because the manager assumes they’re close to retirement.
In these cases, the unfair treatment is clearly linked to personal traits like gender or age.
Indirect Discrimination
Indirect discrimination happens when a company policy or practice applies to everyone but has a negative effect on a specific group. Often, this type of discrimination is not intentional but still has serious impacts.
Example
- A job that requires employees to work every weekend may indirectly discriminate against people with religious obligations on specific days.
- A rule that only full-time employees receive benefits could disproportionately affect women, who are more likely to work part-time due to caregiving roles.
Employers are expected to review such practices and make adjustments where necessary.
Victimisation and Discrimination Link
Victimisation occurs when someone is punished or mistreated because they spoke up about discrimination—either for themselves or for someone else. For instance:
- An employee files a complaint about racial bias and is then excluded from meetings.
- A witness who supported a colleague’s harassment case is suddenly reassigned or demoted.
This overlap shows how discrimination and victimisation are often connected, especially when efforts to report or challenge unfair treatment are met with retaliation.
Under Canadian law, retaliating against someone for asserting their rights is also a violation of human rights protections.
What is Harassment?
Harassment in the workplace is any unwelcome behaviour—verbal, physical, or psychological—that offends, humiliates, or intimidates an individual.
Unlike discrimination, which is based on unfair treatment linked to specific characteristics, harassment focuses on behaviour that creates a hostile or unsafe environment, even if the treatment isn’t obviously unequal.
In Canada, harassment is addressed under both the Canadian Human Rights Act and occupational health and safety laws in each province.
Federally regulated employers must also follow the Canada Labour Code, which defines harassment as behaviour that could reasonably be expected to cause offence, humiliation, or physical or psychological harm.
Common examples of workplace harassment include:
- Repeated inappropriate jokes or sexual comments.
- Mocking someone’s accent, disability, or religion.
- Unwanted physical contact or gestures.
- Yelling, threats, or constant criticism.
Harassment often targets a person’s protected characteristic—such as gender, race, or disability—but it can also be about abuse of power, especially if the person feels unsafe reporting it.
Types of Harassment
Harassment can take many forms, some subtle and others more obvious. It’s important to understand these types to recognize when boundaries are crossed and when action needs to be taken.
One of the most serious forms is sexual harassment, but bullying and other behaviour tied to identity also fall under this category.
Sexual harassment includes any unwelcome sexual advances, comments, or actions that affect someone’s work environment or sense of safety. Examples include:
- Making inappropriate jokes about someone's appearance or clothing.
- Sending unwanted sexual messages or images.
- Repeatedly asking a co-worker out despite being turned down.
- Making someone feel they have to tolerate inappropriate behaviour to keep their job.
In Canada, sexual harassment is illegal under human rights legislation and can lead to serious consequences, both for individuals and employers who fail to act.
Bullying
Bullying is another form of workplace harassment that may not always be tied to a protected characteristic but still creates a toxic work environment.
It often involves power imbalances, where a manager, supervisor, or even a dominant co-worker uses intimidation, isolation, or manipulation to undermine someone.
Examples of bullying include:
- Constantly criticizing an employee’s work unfairly.
- Deliberately excluding someone from meetings or communications.
- Spreading rumours or gossip.
When bullying targets someone based on race, gender, religion, disability, or other protected grounds, it crosses the line into discriminatory harassment, and is covered under human rights laws.
Regardless of the source, bullying damages mental health, reduces team morale, and increases turnover—making it a serious issue employers must address.
What is Victimisation?
Victimisation in the workplace refers to unfair treatment or retaliation against an employee because they made a complaint about discrimination or harassment, or helped someone else do so.
This could involve filing a grievance, participating in an investigation, or standing up against wrongful behaviour.
Unlike discrimination or harassment, which are based on a person’s identity or involve hostile behaviour, victimisation is about punishment—targeting someone because they exercised their rights.
In Canada, victimisation is prohibited under laws like the Canadian Human Rights Act, which protects employees from retaliation when asserting their rights under human rights legislation.
Victimisation can happen after an employee raises a concern.
For example, a worker who reports harassment might later find themselves excluded from meetings, denied promotions, or given unfavourable performance reviews—despite no changes in their work performance.
These acts are not only unfair—they also discourage others from speaking up, allowing toxic behaviours to persist.
Examples of Victimisation
Victimisation often occurs quietly and can be difficult to prove. However, recognizing the signs is important to ensure that workplaces remain fair and legally compliant.
Post-Complaint Retaliation
After raising a concern, employees might face a range of subtle or direct consequences, such as:
- Being left out of team events or group communications.
- Receiving a sudden, negative performance review.
- Being reassigned to less desirable tasks or shifts.
- Facing unjustified disciplinary action or demotion.
- Being isolated socially by colleagues or management.
These behaviours send a message that raising concerns is risky, which goes against both Canadian workplace laws and good ethical practice.
Impact on the Workplace
Victimisation doesn’t just affect the person targeted—it sends shockwaves through the entire workplace. When employees see others punished for speaking up, they’re less likely to report issues themselves. This leads to:
- Low employee morale
- Erosion of trust in management
- Increased turnover
- Legal liability for the employer
A healthy workplace culture relies on employees feeling safe to raise issues without fear. Preventing victimisation is not only a legal requirement but also key to building a respectful and transparent work environment.
Legal Protections Against Discrimination, Harassment, and Victimisation
In Canada, employees are protected from discrimination, harassment, and victimisation through federal and provincial human rights laws.
The Canadian Human Rights Act applies to federally regulated workplaces, while provinces have their own legislation—such as the Ontario Human Rights Code, Alberta Human Rights Act, and British Columbia Human Rights Code.
These laws prohibit unfair treatment based on characteristics such as race, gender, disability, age, religion, or sexual orientation.
They also protect workers from retaliation when they file a complaint or support someone who has experienced mistreatment.
Employers have a legal obligation to provide a safe, inclusive, and respectful work environment. Failing to do so may result in complaints filed with human rights tribunals, labour boards, or occupational health and safety authorities.
Consequences for Employers
Ignoring discrimination, harassment, or victimisation can lead to serious consequences for employers, including:
- Legal action: Complaints may be filed with a human rights tribunal or labour board, potentially resulting in financial penalties or orders to compensate the affected employee.
- Workplace investigations: Formal investigations can be costly and disruptive.
- Reputational damage: News of workplace issues can harm a company’s public image and make it harder to attract or retain talent.
- Low employee morale: A toxic workplace culture drives away skilled workers and reduces productivity.
- Increased turnover and absenteeism: Employees are less likely to stay in unsafe or unfair work environments.
Actionable Steps for Employers
Employers can take several proactive steps to prevent and respond to workplace issues effectively:
- Develop clear policies: Create written policies on discrimination, harassment, and victimisation. Ensure they comply with local human rights and labour laws.
- Provide regular training: Educate all staff—especially managers—on respectful workplace behaviour and how to respond to complaints.
- Offer multiple reporting channels: Allow employees to report issues confidentially and without fear of retaliation.
- Investigate promptly: Take all complaints seriously and conduct thorough, fair investigations.
- Document everything: Keep detailed records of complaints, investigations, and outcomes.
- Lead by example: Senior leaders should model respectful behaviour and promote inclusivity.
By taking these steps, employers not only meet their legal responsibilities but also foster a workplace where all employees feel safe, valued, and empowered to speak up.
How to Prevent Discrimination, Harassment, and Victimisation in the Workplace
Preventing discrimination, harassment, and victimisation starts with building a proactive and inclusive workplace.
While legal protections are essential, organizations must go beyond compliance to create an environment where everyone feels safe, heard, and respected. Employers play a central role in shaping this culture by providing the right tools, training, and leadership.
When prevention is prioritized, employees are more likely to perform well, feel valued, and stay with the organization long-term. A well-rounded approach includes education, policy, leadership, and open communication.
Below are effective strategies that workplaces in Canada can use to address and prevent these harmful behaviours.
- Training and Awareness
Workplace Violence and Harassment Awareness Training offered by Canada Safety Training Centre is one of the most powerful tools for preventing workplace discrimination, harassment, and victimisation.
It provides employees with the knowledge to recognize inappropriate behaviour and the confidence to respond appropriately.
Employers should offer mandatory training to all staff—including senior leaders and managers—on topics such as:
- Understanding protected characteristics under the Canadian Human Rights Act.
- Recognizing different types of discrimination and harassment.
- Knowing how and when to report inappropriate behaviour.
- Understanding the consequences of retaliation (victimisation).
Interactive workshops, scenario-based discussions, and e-learning modules can make training more engaging and memorable.
It’s also helpful to tailor training to reflect the unique nature of your workplace—whether it’s healthcare, retail, construction, or a corporate office.
When done regularly and updated with changing legislation, training strengthens employee awareness and signals that the organization takes these issues seriously.
- Clear Policies and Procedures
Every workplace should have written, accessible, and well-communicated policies that clearly outline what discrimination, harassment, and victimisation look like—and what happens when those policies are violated.
Key components of an effective policy include:
- Definitions and examples of unacceptable behaviour.
- A statement of zero tolerance for discrimination, harassment, and retaliation.
- Step-by-step instructions on how to report a concern.
- A clear outline of the investigation and disciplinary process.
Policies should be included in onboarding materials, employee handbooks, and posted on internal platforms. It’s also important to review them annually to ensure they align with provincial and federal law updates.
When employees know the rules—and trust that they’ll be enforced fairly—it builds a sense of security and accountability.
- Creating a Supportive Workplace Culture
Workplace culture is shaped by daily interactions, leadership tone, and organizational values. A supportive culture doesn’t just respond to issues—it prevents them by making inclusion the norm.
To build this culture, employers should:
- Promote values like respect, fairness, and integrity.
- Celebrate cultural and identity-based milestones (e.g., Pride Month, National Indigenous Peoples Day).
- Recognize and reward inclusive behaviour.
Leaders must walk the talk by calling out inappropriate actions and actively supporting inclusion initiatives. Encouraging peer support groups or mental health resources can also make employees feel seen and supported.
When employees feel safe and respected, they’re more likely to stay engaged and committed to the organization.
- Encourage Open Communication
Open communication creates a workplace where concerns can be voiced early—before they escalate into serious problems.
A culture of silence often allows discrimination, harassment, and victimisation to continue unchecked.
Employers can build a speak-up culture by:
- Holding regular team meetings that include check-ins on workplace well-being.
- Implementing open-door policies where employees can speak privately with HR or leadership.
- Offering anonymous feedback tools or suggestion boxes.
It’s important that all feedback—anonymous or not—is taken seriously and acted upon when necessary. Employees should see that voicing concerns leads to positive action, not punishment.
This approach reassures employees that their voices matter and promotes early resolution of issues.
- Fair and Timely Investigations
Responding to complaints quickly and fairly is just as important as preventing them. Employers must take all allegations of discrimination, harassment, or victimisation seriously.
An effective investigation process should include:
- A neutral and trained investigator (internal or external).
- Clear timelines for gathering evidence and making decisions.
- Communication with both the complainant and the accused throughout the process.
- Documented outcomes and follow-ups to prevent repeat behaviour.
Transparency is key. Employees should understand how the process works and trust that outcomes will be handled fairly. Delays, secrecy, or biased investigations can damage trust and expose the company to legal action.
Timely investigations demonstrate that the organization values accountability and employee well-being.
- Foster Diversity and Inclusion
A diverse workforce brings different perspectives, talents, and strengths—but inclusion ensures everyone feels they belong. Together, diversity and inclusion reduce the risk of discriminatory behaviour.
Steps to foster D&I include:
- Developing inclusive hiring practices to attract candidates from underrepresented groups.
- Implementing mentorship programs for equity-seeking employees.
- Providing training on unconscious bias and inclusive leadership.
- Setting D&I goals and measuring progress annually.
Canadian companies that prioritize diversity tend to outperform others in innovation and retention. A workplace where everyone feels valued is not only fair—it’s also good for business.
- Encourage Management Support
Leaders shape workplace culture. When senior management visibly supports anti-discrimination and harassment efforts, it sends a strong message to all employees.
Managers should:
- Model respectful behaviour in their day-to-day actions.
- Attend the same training as other employees.
- Be approachable and responsive when issues are raised.
- Proactively check in with their teams to identify concerns early.
Leadership accountability can also include adding inclusion and ethics into performance evaluations. When managers are held to these standards, they’re more likely to create respectful, empowered teams.
Ultimately, change starts from the top, and organizations that invest in strong, values-based leadership are best positioned to prevent harmful workplace behaviours.
FAQs
What should I do if I experience harassment or discrimination at work?
Document the incident, report it to your manager or HR, and file a complaint through your company’s internal process. If needed, you can also contact your provincial human rights commission.
How can employers handle victimisation complaints?
Employers should investigate complaints promptly, maintain confidentiality, and ensure no retaliation occurs. Clear procedures and fair treatment help build employee trust.
Are there any laws protecting against workplace discrimination in Canada?
Yes, the Canadian Human Rights Act and various provincial human rights codes protect employees from discrimination, harassment, and victimisation in the workplace.
Conclusion
Understanding the difference between discrimination, harassment and victimisation is essential for creating a safe and respectful workplace. While these issues are often linked, they are not the same.
Discrimination involves unfair treatment based on personal characteristics such as race, gender, or disability.
Harassment is unwanted behaviour that creates a hostile or intimidating environment. Victimisation happens when someone is punished for speaking out about such behaviour or supporting someone who has.
Addressing these issues is not just about following the law—it’s about protecting your people.
When left unchecked, discrimination, harassment, and victimisation damage morale, reduce productivity, and drive away talent. They can also expose employers to serious legal and financial consequences.
On the other hand, workplaces that actively prevent these behaviours benefit from stronger teams, greater employee loyalty, and a healthier reputation.
Employers have the power—and responsibility—to lead change. Through proper training, clear policies, supportive leadership, and inclusive practices, organizations can build a culture where respect is the standard and everyone feels safe to contribute.
For employees, understanding your rights empowers you to speak up and seek support when needed.