Taking action after experiencing harassment or discrimination can feel overwhelming, especially when time has passed. It’s important to remember that your experience is valid, no matter how much time has gone by. There are many valid reasons why people delay reporting or avoid complaining altogether. Be gentle with yourself - you are not alone.
If the sexual harassment or discrimination happened more than 12 months ago, you likely wouldn’t be able to file a complaint with the Nova Scotia Human Rights Commission or the Canadian Human Rights Commission.
In this circumstance, it is best to speak with an employment lawyer to review your options.
The Legal Information Society of Nova Scotia provides up to 4 free hours of legal support through our Safe at Work program. For more information, click here or email [email protected].
Sometimes, the Commission might still review a complaint older than 12 months. You would need to explain why you missed the 12-month deadline. For example, if you were seriously ill and couldn’t file your complaint, and you provide proof of your illness, they might consider your case.
For more information, contact the relevant commission.
Canadian Human Rights Commission
Nova Scotia Human Rights Commission
Have you submitted a written complaint to your employer?
The most important thing to do is to make sure that you send a formal complaint to your employer. When you file a complaint, your employer must take action. Preparing a formal complaint can also help you organize your thoughts and gather evidence that can help you explain the situation clearly and effectively. Here are some tips on how to do this:
Define what happened (The Situation) - Note the series of events related to the sexual harassment. Write down exactly what occurred, who was involved or witnessed it, and how it affected you. For more information on how to document discrimination or harassment, click here.
Collect documents, evidence, emails, screenshots, etc. - Documents, emails, and screenshots can be important evidence for you. Save these documents in a safe place and back them up securely. Give the files clear names so you can quickly identify them and understand how they relate to your case. Feel free to use this template if you need help keeping track of your documents.
What counts as evidence depends on the nature of the case itself, but evidence might include
- emails
- text messages
- video, photographs, or audio recordings
- any other relevant written documents
- witness accounts (including those who have directly witnessed incidents as well as those who can provide other relevant information, such as information about a pattern of behaviour)
- any other information that can provide important context and clarity on what happened
Make a timeline - A timeline is a list of events in the order they happened. Write down the date and time of each event. Include any emails or documents and note where you saved them. Record everything in chronological order, adding any new events as they happen. For more information on timeline organizations, including a template that you may find helpful, click here.
Make sure that you review your workplace sexual harassment policy. When you provide your complaint to your employer, they are legally obligated to act, even if time has passed. Unlike the NS Human Rights Commission, most workplace policies do not have a deadline for reporting sexual harassment.
You can find information on how to write a statement letter at the links below.
Whatever action you take, it’s important to prioritize your own healing and wellness. Speak to your employer and review your workplace policies to see if support can help you move forward from this kind of harm.
If you want to take action against the person who harassed you, you may also have options. It is best to speak to a lawyer to review your options. You can consult with an employment lawyer. The Legal Information Society of Nova Scotia also provides up to 4 hours with a lawyer, free of charge, to survivors of sexual harassment in the workplace. For more information, go to legalinfo.org/safeatwork or by emailing [email protected].
You should speak to a lawyer before making a decision. The Legal Information Society of Nova Scotia provides up to 4 free hours of legal support through our Safe at Work program. For more information, click here or email [email protected].
