If you have been sexually harassed in the workplace, and you are unsatisfied with your employer's response, you do have the option to connect with the Nova Scotia Human Rights Commission to file a complaint.
Proceeding with any external option can be stressful, long, and sometimes even traumatic. It’s important to do what is best for you and care for yourself throughout the process. For more information on supportive services and self-care, click here.
You will want to organize and understand your case, position and evidence. For more information on organizing and communicating your complaint, click here.
For information about Protected Characteristics and Protected Areas, click here.
Can I still file a human rights complaint as a minor (under 19)?
If you would like to file a human rights complaint, your guardian can assist you. Your guardian can then represent you or assist you in communicating the facts of your complaint to the commission.
For more information about this, you should contact the Nova Scotia Human Rights Commission.
Demand Letters
You can provide your employer a demand letter before submitting your inquiry form.
A demand letter is a formal letter asking someone or a business to do something to fix a problem. In cases of sexual harassment at work, this letter can be used if the internal investigation or process didn’t solve the issue. It might ask for things like payment for medical treatment or time off.
The letter allows the other party to fix the problem without going to court. It’s not required by law, but it’s a good way to show you tried to solve the issue outside of court. If they agree to your demands, it can save everyone from the stress and cost of a court case.
You don’t need a lawyer to write a demand letter, but having one might help. The letter should start with “WITHOUT PREJUDICE” to keep what you wrote from being used against you in court.
A demand letter usually includes:
- The Date
- Recipient’s Contact Information
- “WITHOUT PREJUDICE” at the top
- Summary of the Problem: Describe what happened, including facts, dates, and your proposed solution.
- Deadline: Give a date by which you want the issue resolved and when you need a response.
- Statement of Next Steps: Mention if you plan to start a lawsuit if no action is taken.
- Your Contact Information
- Your Signature
Tip: Keep a copy of the letter for your records.
For more information, click here.
Your Rights at Work
The Legal Information Society of Nova Scotia (LISNS) has created a video series to help Nova Scotians understand their rights when it comes to workplace sexual harassment and sexual violence. These videos explain key legal protections, including human rights laws, workplace responsibilities, and available support services. The series is designed to provide clear, accessible legal information for workers, employers, and community members across the province.
View the whole playlist and individual videos below.
How are Human Rights Protected in Canada
Legal Supports are Available for Sexual Harassment and Sexual Violence Survivors
Workplace Sexual Harassment is a Human Rights Issue
What is the inquiry process?
If you believe you have experienced harassment or discrimination and want to make a complaint to the Nova Scotia Human Rights Commission, you should start with an inquiry.
An inquiry lets the Commission review your complaint and see if it meets its criteria. The information you provide during this process will become your official complaint.
You can download a fillable form from their website to start this process. For more details and to access the form, click here. If you can’t access the form, contact a Human Rights Officer at (902) 424-4111.
What is on the inquiry form?
The inquiry form helps you explain your complaint to the Human Rights Commission. It shows why what happened is discrimination.
The form will ask for:
- Your Information: Your name, address, and phone number.
- The Other Person’s Information: The name and details of the person or company you’re complaining about.
- Your Employer’s Information: If your complaint is about your job, they need your employer’s details, too.
- Legal Help: If you have a lawyer or an advocate (someone who helps you), you’ll need to include their contact information. An advocate can be a family member or someone who supports you, especially if you’re under 19. For more information, click here.
- Union Information: If you are in a union or professional group with rules (a collective agreement), include their details.
- Other Agencies: If you’ve worked with other groups to handle this issue, like Labour Standards or Workers’ Compensation, add their information.
- Protected Areas and Characteristics: You need to explain where the discrimination happened (Protected Area) and why it’s discrimination (Protected Characteristic). For example, if you were sexually harassed at work, write that this is sexual harassment (Protected Characteristic) at your job (Protected Area). Describe the harassment clearly, like “my coworker made rude comments about my body.”
- When It Happened: The problem must have happened within the last 12 months. If you couldn’t report it sooner because of things like illness, you can explain this in writing.
- Connection to Protected Characteristic: Explain how the event relates to your protected characteristic. For instance, sexual harassment is discrimination based on sex, gender, or sexual orientation.
- Others Affected: If you think others are also being hurt or treated unfairly by the same source, mention them.
- Impact of the Discrimination: Describe how the discrimination or harassment affected you. The commission focuses on how the issue harms people, not just the facts of the case. For more information on restorative approaches, click here.
- Steps Taken to Resolve the Issue: Write about any actions you took before contacting the Human Rights Commission. The commission should be your last step if you’ve already tried to fix the problem on your own. Include details about any complaints you made to your employer and any talks you had with the person who harassed you. For more information on creating a complaint to your employer, click here.
- Preferred Resolution: Describe what you would like to happen to fix the problem. Think about practical solutions, similar to negotiating a settlement. For tips on finding a good resolution, click here.
- Supporting Documents: Attach documents that support your case. This can include proof of harassment, communications, and any steps you took to resolve the issue. Use the document list linked here.
Submitting Your Inquiry Form
After you fill out the form, save a copy of it and send it to [email protected]. The Human Rights Commission staff will look over your form and decide what to do next.
Here’s what might happen after they review it:
1. They might use your form to make a Complaint Form for you to sign and continue with the complaint process.
2. A Human Rights Officer might contact you to ask for more details or documents.
3. They might tell you they can’t accept your complaint and give you information on how to appeal their decision.
What happens if my inquiry is accepted?
After you send your inquiry form, a Human Rights Officer (HRO) will review it to make sure it has all the details, is clear, and follows the rules. They also need to know the legal name of the person you are complaining about. This helps start the investigation and lets the accused respond properly.
If your inquiry meets the requirements for a complaint, they will turn your information into an official complaint form and review it with you. If it looks right, you’ll sign and date it.
Once you sign the form, your complaint becomes official.
You might also have the chance to discuss an Early Resolution. This can happen at any time and helps resolve the issue more quickly. It lets everyone work together to find a solution that works for all. For more information on early resolution, click here.
The Nova Scotia Human Rights Commission has developed a guide to The Dispute Resolution Process that helps you navigate each step. For more information, click here.
A note on the process length: the Nova Scotia Human Rights Commission received numerous inquiries each week. The staff and Human Rights Officers review each inquiry and complaint in great detail, paying attention to every detail in every inquiry. Each investigation is thorough and detailed. Under the law, each step is performed in the most effective way possible. Because of the nature of the work, the nature of inquiries, and the level of detail that must be reviewed in every complaint, filing with the Nova Scotia Human Rights Commission can feel like and can be a very long, drawn-out process. It is important to have this understanding when going into the complaint process and to remain respectful. Feel free to communicate any concerns and questions to the Human Rights Officers regarding the timeline of the complaint process.
The Investigation
Once the complaint form has been signed, the Human Rights Officer (HRO) will begin the investigation process. The HRO is meant to be non-biased and neutral during the investigation. The HRO does not work for or advocate for either side. They are only there to collect the information to allow for a decision to be made.
The investigation involves the HRO collecting information from you and the other parties involved in your complaint. Investigations can be lengthy and include interviewing the accused and any witnesses you may have listed in your inquiry/complaint form. It will also involve reviewing any documentation you may have provided and visiting any facilities. Once they have gathered enough information, they will analyze it to determine whether the events could violate the Nova Scotia Human Rights Act.
The HRO will then prepare an investigation report that includes recommendations on the next steps in the process.
Settlement Agreements at the Investigation Stage
Resolving a Human Rights Inquiry or complaint, including the investigation process, is possible at any stage.
If a complaint is settled, the parties involved will prepare and sign a settlement agreement, which the commissioners must approve.
The Commissioners are a group of people appointed by an Executive Order of the Executive Council. They are responsible for the Commission's strategic direction and making decisions on human rights issues, including referring complaints to Boards of Inquiry. For more information, click here.
Commissioners meet five times a year to review investigation reports and settlement agreements. Settlement agreements that both parties have agreed to and assigned are provided to the Commissioners for approval. Once approved, they become binding contracts on the parties. This means the parties have a contractual obligation to adhere to and follow the agreement upon the commissioners' approval.
For information on negotiating a settlement, click here.
Resolution Conference: A Restorative Approach
As mentioned above, resolving a Human Rights Inquiry/Complaint at any point during the process is possible. The Human Rights Officer (HRO) can request that a Resolution Conference be held. This conference would be facilitated by the HRO and is a restorative approach to a resolution.
A Restorative Approach emphasizes repairing the hard work collaboratively done to people and relationships. Instead of creating punishments for people involved, it builds a more supportive environment where each party can communicate and listen, working to reduce social barriers.
A Resolution Conference ensures that parties voluntarily participate and gives everyone time to speak, listen, and collaborate to find solutions and resolutions. It is hoped that a settlement can be reached through a Resolution Conference.
For more information, go to the Nova Scotia Human Rights Commission’s website.
How long can the process take?
The Nova Scotia Human Rights Commission receives numerous inquiries each week. The staff and Human Rights Officers review each inquiry and complaint in great detail, paying attention to every detail in every inquiry. Each investigation is thorough and detailed.
Under the law, each step is performed in the most effective way possible. Because of the nature of the work, the nature of inquiries, and the level of detail that must be reviewed in every complaint, filing with the Nova Scotia Human Rights Commission can feel like and can be a very long, drawn-out process. Having this understanding when going into the complaint process and remaining respectful is important.
The Nova Scotia Human Rights Commission offers an Early Resolution Process to reduce the time some complaints take.
From our guide, Rainbow Rights:
In some circumstances, the Commission will use an early resolution process to address a complaint. This can happen if a Human Rights Officer believes on reasonable grounds that discrimination may have happened.
An early resolution can happen at any stage in the complaint process, including at the intake stage or during an investigation.
An early resolution process is used in situations such as when the person filing the complaint is facing immediate and serious consequences like eviction or loss of employment. It can also be used in situations where the Human Rights Officer has reason to believe that the issue could be resolved swiftly and without the need for a potentially lengthy process.
To learn more about early resolution, visit humanrights.novascotia.ca/early-resolution.
Feel free to communicate any concerns and questions to the Human Rights Officers regarding the timeline of the complaint process.
