Have you submitted a written complaint to your employer? Have they finished their internal process, and you are unsatisfied with the conclusion?
Why do I want to provide my complaint in writing?
It can be intimidating to proceed with a formal complaint, but it is important to put your complaint and all communications in writing. This creates a record of evidence that helps those investigating. Verbal communication can lead to missing information and disputes.
If you can, try to go through the internal process and resolve the issue before involving the Human Rights Commission. Employers often prefer to settle matters quickly and quietly without going to court. Trying to resolve things independently shows you’ve made a good-faith effort before escalating the issue. You may not be able to go through the complaint process, and that is ok. The Nova Scotia Human Rights Commission understands that in circumstances where the employer may be the harasser, there is no safe way to address the harassment in the workplace. If this is the circumstance, contact the Human Rights Commission for guidance on how to proceed with the complaint process.
Your workplace should have its own sexual harassment policy outlining how the issue will be handled. Ideally, your employer will work with you to resolve this issue in a way that aligns with your needs. Employers often prefer to settle matters quickly and quietly without going to court. Trying to resolve things independently shows you’ve made a good-faith effort before escalating the issue.
If your workplace doesn't have a policy, it's still important to bring the issue to your employer first. They should take steps to address the issue. If your employer’s response to you raising the issue of sexual harassment doesn't resolve the issue for you, you can bring your matter to the Human Rights Commission.
Your written complaint should start an internal process where someone is assigned to investigate and discover what happened. This investigation might include talking to you, any witnesses, and the person you’re accusing.
For more information about the internal process at work, click here.
Tips for writing a sexual harassment complaint
Organizing your thoughts and evidence 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.
A statement letter is a formal way to tell your boss about your complaint. It gives general information about what happened and introduces the evidence you might have. This letter officially tells your boss about your complaint and starts the process.
Even if your boss has an official complaint form, you might find it helpful to attach a statement letter, which can act as an official complaint.