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 written complaint should start an internal process where someone is assigned to investigate and find out what happened. This investigation may involve talking to you, any witnesses, and the person you’re accusing.
You may wish to speak to a lawyer during the complaint process. They will be able to provide you with valuable information and work with you to protect your rights. The Legal Information Society provides up to 4 free hours of legal advice through the Safe at Work program. For more information, email [email protected] or click here.
Preparing to make your 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
You may wish to communicate a loss of hours as well. For information on how to track and communicate this loss of hours, click here.
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.
Write your complaint: a statement letter or a complaint form.
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.
For information on how to write your statement letter, click here.
Tips for during the internal investigation process
Complaint processes can be different for each employer. It’s best to ask your supervisor or HR team for a copy of the employee conduct and safety policy and how to make a complaint. If your employer has a policy on sexual harassment or sexual violence, get a copy of that, too.
These policies will explain the process in detail. Read them carefully to understand what to expect.
Things that you should keep in mind while going through the internal process:
- Keep track of all documents and conversations. Take notes, date the notes, and have copies of them. Staying organized will help you in the long run.
- The person conducting the investigation should be qualified to do so.
- You have the right to have a support person with you throughout the process. However, the support person cannot speak for you.
- You and your employer can work together to develop a safety plan during the investigation process.
Key Responsibilities of an Employer
Employers have a responsibility to protect their employees under the law. This includes ensuring physical and emotional safety at work and with their colleagues. Sexual harassment in the workplace impacts the safety and well-being of all employees.
Your employer must work to prevent and immediately address sexual harassment in the workplace. Failure to do so could …
- Lead to legal challenges;
- Result in a grievance in a unionized environment;
- Lead to a toxic work environment;
- Leads to loss of employees;
- Damage reputation;
- Damage morale and productivity;
- and cause a loss of profit.
It’s important to know what to expect during an internal complaint process. Check out our information for employers. This can empower you with detailed information for when you proceed with this.
Rights and Responsibilities during the complaint process
Everyone has a right to expect a safe workplace. Your employer has a responsibility and obligation to establish, communicate, and enforce policies that ensure your safety. This includes any issues that may create a toxic, emotionally harmful environment, including sexual harassment.
The Complainant and the Respondent both have the right to:
- Have their confidentiality protected;
- Have the limits of confidentiality explained to them before disclosing their complaint or before responding to a complaint;
- Decide whether to access available services and to choose those services they believe will be most beneficial;
- Be informed of resources outside the workplace;
- Be informed of the procedures in place to address sexual harassment;
- Have one support person present throughout the procedures;
- Be informed of any significant updates that occur at any point in the formal complaint process;
- Receive a copy of the investigation report (redacted to protect confidentiality);
- and Be informed of the outcome of the investigation, including any discipline or remedial measures.
The complainant has the right to:
- A plan to protect their safety and
- Reasonable and necessary actions to prevent further unwanted contact with the respondent.
The respondent has the right to take reasonable and necessary actions to prevent further contact with the complainant.
What kinds of outcomes can I expect when I file a complaint of sexual harassment at work?
The results of a workplace investigation will have an impact on what happens. Employers should do their best to work with those harmed by sexual harassment so that their needs and wishes are respected. No two situations are the same, and it’s important for you to reflect on what you need for the situation to feel addressed and resolved. It can be difficult to self-advocate, but if it feels safe, we encourage you to talk to your employer about your needs and wishes.
It’s important to understand that the response (or consequence) to sexual harassment should be in proportion to the sexual harassment itself. For example, if someone says something inconsiderate, takes immediate action to correct it and apologizes, it’s unlikely that this person should be fired. In that case, the apology may have been the only remedy required. But if a person continually makes harmful comments despite it being brought to their attention and having experienced disciplinary action (a warning), the response to this behaviour may be more serious by your employer. Employers
While each case is unique, and an investigation will determine what kinds of outcomes are possible, some common responses to sexual harassment include actions like:
- Corrective Actions like inviting the person who caused harm to attend training, coaching or awareness-raising activities. This path is best if the person who caused harm wants to make things right.
- Disciplinary Actions like verbal or written warnings. This could also include suspensions, demotions, barriers to promotions/pay increases or dismissals.
- Safety measures like ensuring that the person harmed does not have to work directly with the person who caused the harm.
- Providing an Apology to those who were harmed.
- Structural or procedural changes to your organization if the investigation found areas of risk in your organization, like safety issues or a toxic workplace climate and culture
- Access to support for the person harmed, like counselling sessions
- Something else that aligns with the needs of the person harmed.
The best thing you can do is reflect on what matters most to you and what it will take for you to move forward from the situation so you can communicate these potential solutions to your employer.
