What’s the Difference Between Workplace Conflict and Harassment?

What is the legal definition of workplace harassment in Canada?

Here is a definition of workplace harassment by the Government of Canada:

“Improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. It also includes harassment within the meaning of the Canadian Human Rights Act (i.e. based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and pardoned conviction).”

When does workplace conflict become harassment?

Conflict can turn into harassment when the following elements are present:

• It is targeted at an individual
• It is persistent and repeated
• It is deliberate
• It is discriminatory
• There is a power imbalance
• It creates hostility 

What are some examples of workplace harassment? 

Harassment can take on many different forms. It can be verbal, physical, psychological, sexual, and discriminatory. Here are examples of common forms of harassment in the workplace: 

Verbal Harassment

• Insults or offensive jokes
• Repeated teasing, mocking, or name-calling
• Derogatory comments about someone’s appearance, accent, or abilities
• Threats or intimidating language

Psychological or Emotional Harassment

• Bullying or humiliating someone in front of others
• Spreading gossip or malicious rumours
• Excluding someone from meetings, information, or team activities on purpose
• Undermining someone’s work

Sexual Harassment

• Unwelcome sexual comments, jokes, or gestures
• Inappropriate touching or invading personal space
• Requests for sexual favours, whether explicit or implied
• Displaying or sharing sexually explicit images or messages

Discriminatory Harassment

• Harassment based on protected characteristics such as race, gender, age, disability, religion, sexual orientation, or family status
• Stereotyping or making offensive remarks tied to these characteristics

Cyber Harassment

• Harassing emails, texts, or messages through workplace systems
• Offensive or threatening comments on internal chat platforms or social media
• Repeated unwanted digital contact outside of working hours

What are examples of workplace conflict that are NOT harassment?

Workplace conflict is common and does not automatically mean harassment. The following are examples of workplace conflict that are not considered harassment, as long as they remain respectful and professional.

• Differences in opinions
• Differences in work styles or processes
• Personality differences
• One-time incidents
• Performance-related conversations
• Professional disagreements about strategies or priorities
  
  

The key distinction between conflict and harassment is pattern and intent. Conflict is typically situational, task-focused, and resolvable through communication, while harassment involves repeated, unwelcome behaviour that targets a person and creates a hostile or intimidating work environment.

Common questions about workplace conflict and harassment

Is talking behind somebody’s back harassment? 

Talking behind someone’s back is not automatically considered harassment. However,  it can become harassment depending on the behaviour, intent, and impact.

Occasional venting or informal conversations, while unprofessional, are typically considered workplace conflict or poor communication rather than harassment. 

Talking behind someone’s back can become harassment when it becomes repeated gossip, spreading false information, personal attacks, or attempts to undermine someone’s reputation or work.

Is gossiping in the workplace a form of verbal harassment?

Workplace gossip is very common. Gossiping is generally not verbal harassment. But it can become harassment depending on the nature, frequency, and impact of the behaviour.

Gossip may be considered verbal harassment when it is repeated, targeted at a specific individual, and intended to demean, isolate, or damage someone’s reputation. 

Gossip is more likely to cross the line into harassment if it creates a hostile or intimidating work environment or if it is linked to protected characteristics such as race, gender, and age.

When do employers need to step in and address conflict/harassment? 

Part of an employer's role is to ensure all employees are in a safe environment. Employers/managers need to step in and investigate conflict or harassment claims as soon as they become aware of the issue. Failure to investigate or delay can expose the organization to legal, regulatory, and reputational risk. 

Learn more about when to start a workplace harassment investigation. 

AugmentHR has extensive experience working with client companies that face the difficult and sensitive issue of a formal harassment complaint. Learn about our Investigation Services.

Shelley Brown, CHRE, FHRPA is a senior HR professional with over 30 years of experience in workplace conflict resolution, employee relations, and harassment prevention. A Fellow of the Human Resources Professional Association (HRPA), she has led HR functions in multinational organizations and advises businesses on managing sensitive people issues and fostering respectful workplaces.

More HR Best Practices for Managing Workplace Conflict

> When Do I Start a Workplace Harassment Investigation?

> How to Handle Internal Conflict Resolution in the Workplace?

> Good Employee Relations Meaning & Examples