For an action to be found to constitute harassment there must be some disparaging or
belittling element. In Cohen v. Manufacturer’s Life Insurance Company, the Tribunal
found that the employer’s repeated attempts to communicate with a worker who was off
work on a short-term sick leave did not amount to harassment. The applicant alleged
that the employer’s attempts to illicit information about her recovery and return to work
put pressure on her and impeded her recovery. However, the Tribunal held that it was
reasonable for the employer to communicate and to monitor the applicant’s treatment in
order to determine whether she could return to work.^99
The creation of a poisoned environment is not expressly prohibited in the Code, but has
been widely accepted as a form of discrimination in human rights jurisprudence.
According to the Ontario Human Rights Commission, a poisoned environment can arise
from a single incident or a series of discriminatory comments, actions or incidents. The
comments or actions do not have to be directed at a particular individual with a
disability. Ongoing derogatory jokes or comments about people with disabilities in
general may create a poisoned environment by making a person with a disability feel
uncomfortable, unwelcome or threatened. It can be created by the comments or actions
of any person, regardless of his or her status within a workplace, service or
organization. Failure by an employer or service provider to take seriously complaints of
harassment or discriminatory comments can contribute to the creation of a poisoned
environment.^100
D. ReprisalSection 8 of the Code provides that:
Every person has a right to claim and enforce his or her rights
under this Act, to institute and participate in proceedings under this(^99) Cohen v. Manufacturer’s Life Insurance Company, 2011 HRTO 272 (CanLII).
(^100) Ontario Human Rights Commission, Policy on discrimination against older people because of age
(February 1, 2007) online: Ontario Human Rights Commission http://www.ohrc.on.ca/en/policy-
discrimination-against-older-people-because-ageat 26-27.