How to report sexual harassment to your employer

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

What is the OHSA, who does it protect, and what does it require from employers?

In New Brunswick, there are two laws that offer you protection from sexual harassment at work.

The New Brunswick Human Rights Act says that sexual harassment is against the law in the context of employment, housing, accommodation and services, and professional, business and trade associations. Under the act, your employer is required to prevent and respond to sexual harassment in the workplace.

The Occupational Health and Safety Act (OHSA) is all about safety in workplaces. It’s the law in New Brunswick that protects workers from all sorts of hazards at work, including violence and harassment. Under the OHSA’s General Regulation your employer is required to have a code of practice saying how they deal with and investigate harassment and workplace violence.

The Human Rights Act and OHSA work together to protect you from sexual harassment.

Your employer has responsibilities under both of these laws.

Does the OHSA apply in your situation?

The OHSA relates to the actions and behaviour of people in your workplace, including your boss, co-workers, contractors, customers, and clients.

The OHSA covers most workers. That includes:

• employees
• people at the place of employment (like contractors, customers, volunteers, etc.)

Who in New Brunswick is not covered by the OHSA?

These are the exceptions of people working in New Brunswick who aren’t covered by the OHSA:

• The OHSA doesn’t apply to federally regulated workplaces such as post offices, banks, radio and TV operations, and airlines and airports. People in those industries are protected by the Canada Labour Code.

If you aren’t sure if the OHSA applies to you, you can ask WorkSafeNB.

Does the OHSA cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace.

If you’re sexually harassed at a work event, while you’re working at home or online, while you’re travelling for your job, or even if a co-worker harasses you in a social setting outside of work hours, your employer is responsible for taking steps to ensure your safety.

To figure out if the harassment qualifies as work-related even though it’s happening outside your workplace, here are some questions you can ask yourself:

• Were you working or doing work-related tasks?
• Were you supposed to be there as part of your job?
• Did you do work or did anyone talk about work there?
• If it happened during an activity, like a work party, was the activity organized by your employer?

If the harassment happened online, ask yourself:

• Is the harasser someone you work with or who has a connection to your work, like a customer?
• Were there messages or posts about you shared publicly either on workplace platforms or outside of work?

What does the OHSA require from an employer?

The OHSA requires employers to make it clear that harassment will not be tolerated, and to have a plan for responding to reports. The OHSA requires the employer have a harassment code of practice. Think of it as a guide for how harassment or violence will be dealt with and what to expect if you report harassment at work.

The code of practice says how complaints can be made and how the employer will investigate them.

The code of practice is supposed to describe:

• who is responsible for carrying out the code of practice
• how your employer will investigate and document harassment
• how your employer will take corrective action
• how you will be informed of the results of an investigation
• the followup steps the employer will take.

If there is no code of practice at your workplace or if your employer isn’t following it, you can report that to WorkSafeNB (1-800-999-9775).

See a sample code of practice.

Who’s who when you report

Designated person

A designated person is someone your employer names in their code of practice as the person harassment should be reported to. It’s not necessarily their job to conduct the investigation. They are supposed to be a person you can tell, and then they will make sure that your report gets to the people who can handle it. If there is no designated person (or you don’t want to report to them), you should be able to report to any supervisor or manager, or to HR. Just try to be clear that you are making a formal report of sexual harassment, and that you expect them to make sure it gets to the right people.

Human resources

Your workplace may have a human resources department, or a person responsible for HR. They handle every aspect of staffing—hiring, firing, benefits, training, contracts, etc. HR staff may be helpful, providing information and answering your questions. But remember that HR staff work for the employer. They are not your representative or advocate.

Investigator

Once a formal report is made, your employer should designate an investigator, who may be an employee or external. They are supposed to review your complaint and interview you, the harasser, and any witnesses. The investigator will decide whether what happened to you is workplace harassment.

Joint Health and Safety Committee or health and safety representative

Your workplace may have a Joint Health and Safety Committee or a health and safety representative. They identify safety risks and offer recommendations to your employer on how to keep the workplace safe. While their specific duties can vary, their role will always include monitoring the employer’s obligations under the OHSA.

Your union

If you belong to a union, there will be a collective agreement that outlines the contract between the union and employer. You can think of your union as an advocate for safe and healthy workplaces. If your employer is not following the collective agreement, your union can make a complaint, called a grievance.

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace harassment code of practice. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

• It may tell you to try talking directly with the harasser first.
• It may name people or positions you’re supposed to report to.
• It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

How to report

Once you’ve picked who you’re going to report to, make an appointment with them. Try not to just drop by; it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and ideally face-to-face, not just in writing. Bring something you’ve written, and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you.

What happens after you report

After you report, your employer should assign someone to investigate.

• The investigator can be someone from within the workplace or outside it.
• They are supposed to be objective and neutral. Not on your side, or the harasser’s side.
• They are supposed to follow the employer’s workplace harassment code of practice.

Some investigations may only take a day, while others may take months.

If the investigation costs any money (like, for a translator if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as sexual harassment. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

• If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you. If you require accommodations at the meeting—for example, a translator—you should ask for them.
• If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting. See Document everything.
• Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant.

How to handle yourself during the interview

• Remember that you haven’t done anything wrong, and you are not on trial.
• You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
• It is always okay for you to ask for a short break.
• It is okay for you to take notes.
• It’s totally fine for you to ask about the investigator’s process and timeline.
• It’s totally fine for you to tell the investigator about any concerns you have.
• It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you’re afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

This is really common. Roughly 50% of sexual harassment reports get ignored. If that happens to you, you can:

• Contact your union, if you have one.
• Contact your workplace health and safety rep.

What if the investigation is taking a really long time, or I am not getting any updates?

If that happens, you can contact your union or workplace health and safety rep.

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually really common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report.

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah: if you think it’s happening to you, it probably is. We’re really sorry.

What happens is, people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker, or a problem, or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over

The investigation report tells the employer whether the investigator thinks sexual harassment happened.

Your employer must inform you and the harasser about the results of the investigation. This can be verbally or in writing. They don’t have to ask your opinion about what they should do. If they end up punishing the harasser, they may or may not tell you about it.

Your employer may choose to resolve issues with you in other ways. They may agree to make changes in your working situation—only if you agree; otherwise, that could be a reprisal. They may ask you to participate in alternative dispute resolution or negotiate with you to give you some compensation in exchange for your not taking legal action, though it’s unusual for an employer to negotiate compensation unless you have left your job. Usually, if you make this kind of agreement, the employer also makes you agree to not talk publicly by signing a non-disclosure agreement about any of the details of the incident and the settlement.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their duties under the Occupational Health and Safety Act and the Human Rights Act. In that case, you might consider talking with a lawyer, who can help you figure out what to do next. See How to find and work with a lawyer. Here are some things you might consider:

• If you’re not unionized, the same complaint of sexual harassment can be included in an application to the New Brunswick Human Rights Commission. It hears cases where there’s been a violation of the Human Rights Act. The tribunal can award damages. See How to decide whether to file a human rights complaint. Consider discussing your situation with a lawyer.
• You may be able to bring a civil lawsuit against your employer, depending on your situation and the investigation findings. Consult with a lawyer who can provide you with appropriate advice based on your situation. You must start a civil suit. within two years of the harassment. See How to decide whether to take legal action (and what to expect if you do).
• Your union, if you have one, might decide to bring a grievance against your employer for the way they failed to handle your report. It’s important that you speak with your union as soon as possible, as there may be a deadline to file a grievance, depending on your union’s collective agreement. See Working with your union.
• If your work environment has gotten worse, it may seem poisoned, creating intolerable employment conditions. You may be able to claim constructive dismissal. See How to decide whether to take legal action (and what to expect if you do). This means that you believe your job has changed so much that you consider you have been let go from work, and you seek damages for pay in place of receiving reasonable notice. If you plan to do this, consult with a lawyer, because claiming constructive dismissal is complicated.

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