Skip to content
Search
Not sure
FR
Search

Connect with others facing workplace sexual harassment. Join us on Reddit →

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 Canada Labour Code, who does it protect, and what does it require from employers?

If you work for a federally regulated workplace in any province in Canada, or work for certain private employers in Nunavut, the Northwest Territories, or Yukon, there are a few laws that offer you protection from sexual harassment at work.

The Canadian Human Rights Act says that sexual harassment is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, or gender expression. Under the act, your employer is required to prevent and respond to sexual harassment in the workplace.

The Canada Labour Code and its regulations, the Work Place Harassment and Violence Prevention Regulations, are all about safety in workplaces. They are federal laws that protect workers from all sorts of hazards at work, including violence and harassment. Part II of the Canada Labour Code deals with harassment. Under the regulations, your employer is required to have a policy saying how they prevent, deal with, and investigate sexual harassment and workplace violence.

The Canadian Human Rights Act, Canada Labour Code, and the Work Place Harassment and Violence Prevention Regulations work together to protect you from sexual harassment.

Your employer has responsibilities under all of these laws.

Do the Canada Labour Code and the Work Place Harassment and Violence Prevention Regulations apply in your situation?

There are two categories of workplaces that are affected by the code—the private and public sectors:

Federally regulated private sectors are:

  • banks, including authorized foreign banks
  • airports, air transportation (e.g., Air Canada, WestJet)
  • interprovincial/international transportation (e.g., railways, trucking companies, marine shipping, interprovincial buses)
  • fisheries
  • telephone, cable systems and telegraph companies
  • television and radio broadcasting
  • uranium mining and processing
  • grain elevators
  • First Nation band councils (including certain community services on reserves)
  • Crown corporations (e.g., Canada Post, Royal Canadian Mint)
  • private-sector firms and municipalities in Yukon, the Northwest Territories, and Nunavut

Federally regulated public sectors are:

  • the federal public service
  • Parliament (Senate, House of Commons)

If you’re employed in one of these sectors, you’re most likely a federally regulated worker. If you’re not sure, you can contact the federal Labour Program.

The Canada Labour Code covers workers in federally regulated workplaces. That includes:

  • employees (including your boss and co-workers)
  • anyone who gets paid for providing services, including independent contractors
  • anyone who isn’t paid, but who completes work for an employer with the main purpose of gaining knowledge or experience, including interns and volunteers (i.e., those taking part in a co-op job, job shadow, a research project, fieldwork, or an internship)

Who is not covered by the Canada Labour Code?

The Canada Labour Code does not apply to:

  • individuals who work in provincially regulated workplaces. These people are protected by provincial human rights acts and labour codes

Does the Canada Labour Code 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?
  • Did it seem like your co-workers may be aware of the harassment?
  • Were there messages or posts about you shared publicly either on workplace platforms or outside of work?

What does the Canada Labour Code require from an employer?

The Canada Labour Code requires employers to make it clear that sexual harassment will not be tolerated and to have a plan for responding to reports. If someone makes a complaint, the code requires employers to conduct an investigation and take steps to make the workplace safe.

The Work Place Harassment and Violence Prevention Regulations require all employers to have sexual harassment policies and programs. This is often a single document. Think of it as a guide for how sexual harassment or violence will be dealt with and what to expect if you report sexual harassment at work.

The workplace policy says how your employer will prevent or reduce the risk of workplace harassment and violence. It also says how complaints can be made and how the employer will investigate complaints. The program is the more detailed plan of how the policy is put into practice. It says how to report workplace harassment and violence and describes the process for responding to complaints.

The workplace harassment policy is supposed to describe:

  • who to report to
  • the resolution process for harassment claims
  • the support measures available to you
  • the responsibilities of your employer, the person who receives complaints, employees, and workplace health and safety representatives in cases of sexual harassment incidents
  • how your employer will protect the privacy of the people involved in a harassment incident

Employers must create a general health and safety program about the prevention of hazards in the workplace and the education of employees on health and safety issues. Employers must also ensure that the policies and programs are made available to all employees.

If there is no workplace program/policy at your employer, or if they aren’t following it, you can make a complaint to the Labour Program.

See a sample workplace harassment policy and program.

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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. 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. The investigator is hired by the employer. The employer can select someone from an existing jointly-agreed-upon list of investigators. If there is no list, you, your employer, and the harasser will decide on an investigator together. If you can’t agree, the employer can choose an investigator from a list provided by the Canadian Centre for Occupational Health and Safety. The investigator will report to the employer with recommendations.

Policy Health and Safety Committee

If your employer has 300 or more employees, they must have a Policy Health and Safety Committee. If your employer has 20 or more employees, they must have a Work Place Health and Safety Committee. Your employer may also have a Joint Occupational Health and Safety Committee. These committees 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 Canada Labour Code and its regulations.

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. Its job includes protecting members from things like abuse, harassment, and discrimination. 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 sexual harassment policy. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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. But if you want, you can 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. Keep a written record of what you report, when you report, and to whom you report. A written complaint can also be used as evidence if there is ever a dispute over whether you did actually report the harassment and when.

What happens after you report

After you report, your employer must respond to your complaint within seven days. In their response they need to explain several things, including how you can find the workplace harassment and violence policy and each step of the complaint resolution process. You and your employer will then have to meet to see if you can resolve what happened through a negotiation process. If this doesn’t work for you, you can take part in a conciliation process and/or an investigation.

In conciliation, you and the harasser both have to agree to take part. Conciliation involves an outside third party helping you and your employer to resolve your dispute.

In an investigation, your employer hires an investigator to determine whether you were sexually harassed and to make recommendations to the employer on how to address the situation.

  • The investigator can be someone from within the workplace or outside it
  • They are supposed to be objective—not on your side or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy.
  • They are supposed to understand the Canada Labour Code and its regulations.

Some investigations may only take a day, while others may take months. There is no set timeline under the Canada Labour Code for how long the investigation should take, but your employer may have internal policies about timelines.

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 under the Canada Labour Code. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

There may be other people there. If your workplace has a Policy Health and Safety Committee, a Work Place Health and Safety Committee, or a Joint Health and Safety Committee, its worker representative may take part in the investigation process if you are refusing to work because of the harassment. If there is a health and safety rep, they will be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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.
  • 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. See Document everything.

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:

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

  • Call the Labour Program. If it agrees that your situation is covered by the Canada Labour Code, it may order your employer to investigate.
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the Labour Program. If they agree, they have the power to order a new investigation.

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

If that happens, you can contact the Labour Program, and they can order your employer to conduct a new or better investigation. Or 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. Or you can report it to the Labour Program.

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 and, if so, what actions they recommend to keep the workplace safe from sexual harassment in the future.

If the harasser is someone who works for the employer, the investigator may recommend they be fired, transferred, suspended, or reprimanded. The investigator may also recommend alterations to the workplace to make it safer, like changes to shifts or scheduling, policy changes, or education. After your employer receives the report, they must meet with your Work Place Health and Safety Committee or your health and safety representative. Together, they must decide which of the recommendations to accept, if any. They have one year to implement the recommendations they decide to accept.

Your employer must provide you and the harasser with a written summary of the results of the investigation. There is no set timeline for the employer to give you this, but your employer may have their own policies around timelines. Your employer does have to give you monthly status updates on how they are implementing the agreed-upon recommendations, however.

Your employer isn’t required to follow any of the investigator’s recommendations. They also don’t have to ask your opinion about what they should do.

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. 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 Canada Labour Code, its regulations, and the Canadian 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:

  • You can file a complaint with the Labour Program. It may send its own inspector to review the situation and can order your employer to take steps to comply with the Canada Labour Code, or it can order them to pay a fine. The Labour Program will not give you any type of financial award or take over the sexual harassment investigation. Instead, its job is to make sure that your employer is following their duty under the Canada Labour Code.
  • The same complaint of sexual harassment can be included in an application to the Canadian Human Rights Commission. It hears cases where there’s been a violation of the Canadian Human Rights Act. The tribunal can award damages.
  • You may be able to bring a civil lawsuit against your employer, depending on your situation and the investigation findings. See How to decide whether to take legal action (and what to expect if you do). Consult 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.
  • Your union, if you have one, might decide to bring a grievance against your employer for the way it 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 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.

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 law, who does it protect, and what does it require from employers?

There are two laws that offer you protection from psychological and sexual harassment at work.

The Act Respecting Labour Standards (ARLS) states that you have the right to a workplace free of harassment. This means that your employer must take reasonable steps to prevent sexual harassment in your workplace, including having an harassment prevention policy, and put an end to it in the workplace as soon as they become aware of the situation.

The Charter of Human Rights and Freedoms prohibits discriminatory harassment, which includes sexual harassment, based on any of the grounds it lists, including sex, sexual orientation, gender identity or expression. It is your employer’s responsibility to see that your rights under the charter are protected.

ARLS and the charter work together to protect you from sexual harassment.

Your employer has responsibilities under both of these laws.

Does the ARLS apply in your situation?

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

The ARLS covers most workers who get paid for providing services (including independent contractors).

Who in Quebec is not covered by the ARLS protections against psychological and sexual harassment?

These are the exceptions of people working in Quebec who aren’t covered by the ARLS:

  • The ARLS doesn’t apply to self-employed workers.
  • The ARLS doesn’t apply to federally regulated workplaces (except caisses populaires). People in those industries are protected by the Canada Labour Code.
  • The ARLS does not apply to non-unionized public service or public agency service workers. People in those sectors are protected by the Commission de la fonction publique.  
  • The ARLS doesn’t apply to volunteers. (But that doesn’t mean volunteers can’t report sexual harassment; they absolutely can. It just means the employer may not be obligated to carry out a full investigation.)

Does the ARLS cover psychological and 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 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?
  • Did it seem like your co-workers may be aware of the harassment?
  • Were there messages or posts about you shared publicly either on workplace platforms or outside of work?

What are employers required to do regarding workplace harassment?

Quebec law requires employers to have a harassment prevention and complaint processing policy. Employers must also make the policy available and known to all employees. 

The workplace harassment policy should include:

  • the employer’s obligations and commitments
  • a specific section on sexual harassment
  • expectations for employees
  • how the employer will intervene to resolve an incident of harassment
  • what the employer must consider in assessing an incident of harassment (e.g., confidentiality, persons involved, etc.)

See a sample workplace harassment policy (French).

If there is no policy at your workplace or if your employer isn’t following it, you can file a complaint with the Commission des normes de l’équité de la santé et de la sécurité du travail (CNESST): 1-844-838-0808.

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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. 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. The investigator is selected and hired by the employer and makes a report to the employer with recommendations.

Health and Safety Committee or health and safety representative

Your workplace may have a Joint Health and Safety Committee or health and safety representative, which plays a role in helping to keep the workplace a healthy and safe place. While their specific duties can vary in different workplaces, their role will always involve promoting safety and health, and overseeing that the employer is following their requirements under the ARLS. 

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. Its job includes protecting members from things like abuse, harassment, and discrimination. 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 sexual harassment policy. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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. If you have records, like emails or texts from your harasser that support your complaint, you should bring copies with you. This can help ensure that your complaint is taken seriously.

What happens after you report

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

  • The investigator may be a single person or a committee from within your workplace or outside it.
  • They are supposed to be objective. Not on your side, or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy.
  • They are supposed to understand the ARLS.

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.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

The harasser will be questioned, and so will any witnesses. If there are people you know witnessed the sexual harassment that you experienced, you can provide the investigator with their names and contact information. However, it is up to the investigator to decide who to meet with and question during the investigation.

There may be other people at the meeting. If your workplace has a Health and Safety Committee, its worker representative will be there. If there is a health and safety rep, they will be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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.
  • 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. See Document everything.

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 the CNESST labour standards division if you’re not unionized (1-844-838-0808).
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the CNESST. If it agrees, it has the power to order a new investigation.

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

If that happens, you can contact the CNESST if you’re not unionized and it can order your employer to conduct a new or better investigation.

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. Or, you can report it to the CNESST if you’re not unionized.

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: 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 and may contain recommendations as to how your employer can correct the situation. 

Your employer must share a summary of the findings with you, but they are not required to tell you about any measures they put in place or the steps they take regarding the harasser. They are also not required to follow any of the inspector’s recommendations.

How your employer deals with the harasser if they are an employee will depend on what your workplace’s prevention policy says about disciplinary measures. You will not be consulted about how the harasser will be disciplined.

Your employer may propose making changes in your working situation—only if you agree; otherwise, that could be a reprisal. They may offer you things like: a specific amount of leave, which could be paid or unpaid; a gradual return to work after a sick leave; or some compensation for medical expenses not covered by provincial insurance. 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 Act Respecting Labour Standards and the Charter of Human Rights and Freedoms. In that case, you might think about 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 are not unionized, a public employee, or a federally regulated employee, you can file a complaint with the CNESST Labour Standards division (1-844-838-0808). Successful outcomes can include financial compensation, reimbursement of legal fees or lost wages, reinstatement if you quit or were fired as a result of the harassment, or a commitment to stop the offending behaviour. You must file a complaint within two years of the last incident of harassment.
  • The same complaint of sexual harassment can be included in an application to the Commission des droits de la personne et des droits de la jeunesse. It hears cases where there’s been a violation of the Charter of Human Rights and Freedoms. The commission can award reimbursement for financial losses and damages. See Should you apply for workers comp? Consider discussing your situation with a lawyer.
  • If you are unionized, you must take your complaint to your union. It can 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.
  • 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).
  • 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.

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 law, who does it protect, and what does it require from employers

In Nunavut, there are two laws that protect you if you’ve experienced sexual harassment.

The Nunavut Human Rights Act says that harassment based on prohibited grounds is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, and gender expression. Under the act, your employer is required to prevent and respond to sexual harassment in the workplace.

Nunavut’s Safety Act and its Occupational Health and Safety Regulations (OHSR) are all about safety in workplaces. They are the laws in Nunavut that protect workers from all sorts of hazards at work, including violence and harassment. Under the OHSR, your employer is required to have a policy saying how they prevent, deal with, and investigate sexual harassment and workplace violence.

The Human Rights Act, Safety Act, and the OHSR work together to protect you from discrimination and sexual harassment.

Your employer has responsibilities under both these laws.

Do the Safety Act and the OHSR apply in your situation?

The Safety Act and the OHSR relate to the actions and behaviour of people in your workplace, including your boss, co-workers, contractors, customers, and clients.

Under the Safety Act and OHSR, a worker is any person engaged in work for an employer. This covers both the people working for pay and those working without pay, like volunteers. A worker is any of the following:

  • an employee
  • someone who gets paid for providing services (including independent contractors)
  • unpaid high school students doing work as part of a work experience program (co-op, job shadowing, placements, etc.)
  • unpaid college or university students, new graduates or people on work placements like co-ops, research projects, fieldwork, internships for professional licences under a college or university or another post-secondary institution
  • volunteers

Who in Nunavut is not covered by the Safety Act and the OHSR?

These people aren’t covered by the WCA:

The Safety Act and the OHSR don’t apply to mines as defined in the Mine Health and Safety Act. The Safety Act and the OHSR also don’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 Safety Act and OHSR apply to you, you can contact the Workers’ Safety and Compensation Commission.

Do the Safety Act and the OHSR 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?
  • Did it seem like your co-workers may be aware of the harassment?
  • Were there messages or posts about you shared publicly either on workplace platforms or outside of work?

What do the Safety Act and the OHSR require from an employer?

If someone makes a complaint, the Safety Act and the OHSR require employers to address the harassment. This may or may not involve an investigation. Some employers may allow for an informal resolution, which does not involve an investigation.

The OHSR requires all workplaces to have a written workplace policy that addresses harassment. The workplace policy says how your employer will prevent or reduce the risk of workplace harassment and violence. This policy is required no matter the size of the workplace.

The policy is supposed to describe:

  • how harassment complaints can be made
  • how the employer will keep the names of a complainant and harasser and the details of a complaint confidential, unless this information is necessary to complete an investigation or required by the law
  • how the employer will inform the complainant and the harasser of the results of the investigation

See a sample workplace sexual harassment policy (page 24).

A program is a more detailed plan of how the policy is put into practice. If your workplace has 20 employees or more, your employer is supposed to create and maintain an occupational health and safety program. Your employer should review the program and, if necessary, revise it at least every three years. Employers with a smaller number of workers may also be required to develop a program.

Depending on the workplace, your employer may also have to have a violence policy. An employer is required to develop a written policy at a workplace where violence has occurred in the past or could reasonably be expected to occur.

Harassment and violence policies must be reviewed and, if necessary, revised at least once every three years.

If you feel that your employer isn’t following their obligations under the OHSR, you can file a complaint with Nunavut’s branch of the Workers’ Safety and Compensation Commission at 1-877-404-4407.

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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

When an investigation is required, the supervisor of the person who complained may choose an investigator or investigation team. Alternatively, the investigator may be chosen from a list of investigators who are approved by your employer, your union (if you have one), the Joint Occupational Health and Safety Committee, or the safety representative. The investigator will review your complaint and interview you, the harasser, and any witnesses. They decide whether what happened to you is workplace harassment.

Joint Occupational Health and Safety Committee or occupational health and safety representative

Your workplace may have a Joint Occupational Health and Safety Committee or an occupational health and safety representative, whose job is to 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 Safety Act and the OHSR.

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. Its job includes protecting members from things like abuse, harassment, and discrimination. 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 sexual harassment policy. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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. Not on your side, or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy.
  • They are supposed to understand the OHSR.

There is no timeline in which the investigation must be completed. However, the Workers’ Safety and Compensation Commission aims to have investigations completed as soon as possible, and within a few weeks if the situation allows for it.

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 under the OHSR definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

There may be other people there. If your workplace has a Joint Health and Safety Committee, its worker representative will be there. If there is a health and safety rep, they will be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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.
  • 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. See Document everything.

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:

  • Call the Workers’ Safety and Compensation Commission (1-877-404-4407). If it agrees that your situation is covered by the OHSR, it may order your employer to investigate.
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the Workers’ Safety and Compensation Commission. If they agree, they have the power to order a new investigation.

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

If that happens, you can contact the Workers’ Safety and Compensation Commission, and they can order your employer to conduct a new or better investigation. Or 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. Or you can report it to the Workers’ Safety and Compensation Commission.

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?

Once the investigation is complete, the investigator will prepare a written report. This should include a summary of the evidence, a description of any conflict in the evidence, and their conclusions and reasons for reaching those conclusions. The investigator will also provide recommendations, including corrective actions that your employer should take. This report will be delivered to supervisors, you, and the harasser.

If the harasser is someone who works for your employer, the investigator may recommend they be fired, transferred, suspended, or reprimanded. The investigator may also recommend adjustments to the workplace to make it safer, like changes to shifts or scheduling, policies or education.

It’s best practice for your employer to provide you and the harasser with a written summary of the results of the investigation within 10 days. If the investigator found harassment occurred, your employer is supposed to take action to correct the harassment. They are also supposed to tell you and the harasser what that action will be.

Your employer isn’t required to follow any of the investigator’s recommendations. They also 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. 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 Safety Act and its OHSR and the Nunavut 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:

  • You can file a complaint with the Workers’ Safety and Compensation Commission. The commission will determine if your employer is following the OHSR guidelines by doing their own assessment. It may then send an inspector to your work for further investigation.
  • You may want to consider filing a complaint with the Nunavut Human Rights Tribunal (NHRT). You have a right to protection from sexual harassment under Nunavut’s Human Rights Act. The notification of harassment can be filed directly with the NHRT. See How to decide whether to file a human rights complaint.
  • 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 handled 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 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.

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 are the laws that protect workers in the Northwest Territories, and what do they require from employers?

In the Northwest Territories, there are three laws that offer you protection from sexual harassment at work.

The Northwest Territories Human Rights Act says that sexual harassment is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, and gender expression. Under the act, your employer is required to prevent and respond to sexual harassment in the workplace.

The Northwest Territories Safety Act and the Occupational Health and Safety Regulations are all about safety in workplaces. They are the laws in the Northwest Territories that protect workers from all sorts of hazards at work, including violence and harassment. Under the OHSR, your employer is required to have a policy saying how they prevent, deal with, and investigate sexual harassment and workplace violence.

The Northwest Territories Human Rights Act, Safety Act, and OHSR work together to protect you from sexual harassment.

Your employer has responsibilities under all of these laws.

Do the Safety Act and the OHSR apply in your situation?

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

The OHSR covers most workers. That includes:

  • employees who aren’t federally regulated workers
  • anyone who gets paid for providing services, including independent contractors
  • people who aren’t paid, but are part of a work placement program (like a co-op job, job shadowing, a research project, fieldwork, or an internship)
  • volunteers

Who in the Northwest Territories is not covered by the Safety Act and the OHSR?

The Safety Act and the OHSR don’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.

The OHSR do not apply to work in mines or to workers involved in the exploration, production, and conservation of oil and gas resources.

If you aren’t sure if the Safety Act and the OHSR apply to you, you can ask the Workers’ Safety and Compensation Commission (1-800-661-0792).

Do the Safety Act and the OHSR 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. If the harassment happens after work hours and is not clearly related to your job, your employer may not have any obligations unless they have a workplace policy dealing with after-work behaviours.

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?
  • Did it seem like your co-workers may be aware of the harassment?
  • Were there messages or posts about you shared publicly either on workplace platforms or outside of work?

What do the Safety Act and the OHSR require from an employer?

The Safety Act and the OHSR require employers to prevent workplace harassment. If someone makes a complaint, the Safety Act and the OHSR require employers to address the harassment. This may or may not involve an investigation. Some employers may allow for an informal resolution, which does not involve an investigation.

The OHSR requires all workplaces to have a written workplace policy that addresses harassment. The workplace policy says how your employer will prevent or reduce the risk of workplace harassment and violence. It also says how complaints can be made and how the employer will investigate complaints. This policy is required no matter the size of the workplace.

The workplace harassment policy is supposed to describe:

  • a definition of harassment that is consistent with the OHSR
  • how harassment complaints can be made
  • how your employer won’t share your name or the name of the harasser, or the details of your complaint, unless it’s necessary to complete an investigation or required by the law
  • how your employer will inform you of the results of an investigation

See the Northwest Territories and Nunavut Harassment Codes of Practice to read what else should be in a policy (page 14) and to see a sample workplace sexual harassment policy (page 24).

A program is the more detailed plan of how the policy is put into practice. If you work in a place with 20 workers or more, your employer is also supposed to create and maintain an occupational health and safety program. Your employer may also be required to provide an occupational health and safety program if they have been directed to do so by the chief safety office.

An employer is required to develop a written policy on violence in a workplace where violence has occurred in the past or could reasonably be expected to occur. Work sites this applies to are listed in the OHSR.

Harassment and violence policies must be reviewed and, if necessary, revised at least once every three years or whenever there is a change that could affect the health or safety of workers.

If you feel that your employer isn’t following their obligations under the OHSR, you can file a complaint with the Workers’ Safety and Compensation Commission (1-800-661-0792).

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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. 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. The investigator or investigation team is selected by the supervisor of the person who complained. Or the investigator may also be chosen from a list of investigators that are approved by your employer, your union (if you have one), the Joint Occupational Health and Safety Committee, or the safety representative.

Joint Occupational Health and Safety Committee and health and safety representative

Your workplace may have a Joint Occupational 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 Safety Act and the OHSR.

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. Its job includes protecting members from things like abuse, harassment, and discrimination. 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 sexual harassment policy. 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 started.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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. If you have records, like emails or texts from your harasser that support your complaint, you should bring copies with you. This can help ensure that your complaint is taken seriously.

What happens after you report

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

  • The investigator can be someone from within the workplace or outside it.
  • They are supposed to be objective: not on your side, or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy.
  • They are supposed to understand the OHSR.

There may or may not be a deadline for the completion of the investigation. This will depend on where you work. However, the Workers’ Safety and Compensation Commission aims to have investigations completed as soon as possible, and within a few weeks if the situations allows for it.

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 under the OHSR definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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. Depending on where you work, you may be entitled to a support person during your interview. This person can accompany you but not participate actively in the interview.

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.

There may be other people there. If your workplace has a Joint Occupational Health and Safety Committee, its worker representative will be there. If there is a health and safety rep, they will be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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.
  • 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. See Document everything.

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 are 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:

  • Call the Workers’ Safety and Compensation Commission (1-800-661-0792). If it agrees that your situation is covered by the OHSR, it may order your employer to investigate.
  • Contact your union, if you have one.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the Workers’ Safety and Compensation Commission. If it agrees, it has the power to order a new investigation.

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

If that happens, you can contact the Workers’ Safety and Compensation Commission, and they can order your employer to conduct a new or better investigation. Or, 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. Or, you can report it to the Workers’ Safety and Compensation Commission.

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: 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

Once the investigation is complete, the investigator will prepare a written report setting out a summary of the evidence, a description of any conflict in the evidence, and conclusions and reasons for reaching those conclusions. The inspector will also provide recommendations and corrective actions to be taken. This report may be delivered to supervisors, you, and the harasser.

If the harasser is someone who works for the employer, the investigator may recommend they be fired, transferred, suspended, or reprimanded. The investigator may also recommend changes to the workplace to make it safer, like changes to shifts or scheduling, policy changes, or education.

Your employer is supposed to provide you and the harasser with a written summary of the results of the investigation within 10 days. If the investigator found harassment occurred, your employer is supposed to take action to correct the harassment. They are also supposed to tell you and the harasser what that action will be.

Your employer isn’t required to follow any of the investigator’s recommendations. They also 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 you not taking legal action. 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. See How to decide whether to take legal action (and what to expect if you do).

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 OHSR, the 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:

  • You can file a complaint with the Workers’ Safety and Compensation Commission. It will determine if your employer is following the Occupational Health and Safety Regulations by doing its own assessment. It may then send an inspector to your work for further investigation. The commission won’t give you a financial award. Its job is to see if your employer is following their duties under the OHSR.
  • The same complaint of sexual harassment can be included in an application to the Northwest Territories Human Rights Commission. It hears cases where there’s been a violation of the Northwest Territories Human Rights Act. The commission 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. This means that you consider you have been let go from work, and you seek damages for pay in place of receiving reasonable notice. See How to decide whether to take legal action (and what to expect if you do). If you plan to do this, consult with a lawyer, because claiming constructive dismissal is complicated.

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?

Tip

OHSA is usually pronounced oh-shah, even though it’s not spelled that way. It rhymes with Scotia.

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:

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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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.

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 Human Rights Act, who does it protect, and what does it require from employers?

In Nova Scotia, the Human Rights Act is the law that offers you protection from sexual harassment at work. Under the act, no person may sexually harass another person while they are working. Under the act, your employer is supposed to protect employees, and individual workers are not to harass their co-workers.

Outside of the act, employers may also be held responsible for harassing employees’ conduct if an individual employee brings, and wins, their own court claim through the civil court system—this is called “vicarious” liability. Civil court claims are often a long and complex process, and require that you show why the employer is partially responsible. Even if they are successful, the financial benefit to you will depend on the degree to which you can prove damages (these might be either repayment of money that you had to spend because of the harassment, such as the costs of medication or lost salary for time off, or else harm to your mental or physical health). If you are considering a civil claim for sexual harassment, you should speak with a lawyer. See How to find and work with a lawyer.

If your harasser is threatening physical violence, then you may also have protections under the Occupational Health and Safety Act. These protections may be extended to harassment and bullying.

Does the Human Rights Act apply in your situation?

The Human Rights Act relates to the actions and behaviour of people in your workplace, including your boss, co-workers, contractors, customers, fellow volunteers, and clients.

If you’re unionized, you may have to follow the dispute resolution process set out under your collective agreement. This means that an arbitrator, rather than the Nova Scotia Human Rights Commission, may decide if your human rights have been violated. You should speak to your union before filing a human rights complaint if you work in a unionized workplace.

The Human Rights Act 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 Human Rights Act applies to you, you can contact the Nova Scotia Human Rights Commission to ask.

Does the Human Rights Act 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 it is related to your work.

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?
  • Did it seem like your co-workers may be aware of the harassment?
  • Were there messages or posts about you shared publicly either on workplace platforms or outside of work?

What does the Human Rights Act require from an employer?

The Human Rights Act requires that employers establish and maintain a workplace free of discrimination. This generally requires the employer to receive complaints, investigate them responsibly, and, if the investigation determines that harassment has occurred, deal with the harasser to try to prevent harassment from happening again.

Employers may be responsible for paying damages to you if you have been sexually harassed in the workplace, if you file a complaint against your employer, and if the Human Rights Commission determines that sexual harassment has occurred and was unwelcome.

The Human Rights Act doesn’t require an employer to have a plan in place for preventing harassment, for responding to complaints, or for conducting an investigation.

Who’s who when you report

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. They should be able to tell you if there is a complaints process you should be following if you want to make a complaint, and if there is a formal procedure for investigating and responding to the complaint. But remember that HR staff work for the employer. They are not your representative or advocate.

Your supervisor or manager

If you don’t have a human resources department, you can ask for information about policies and procedures from your supervisor or manager. If your complaint involves your supervisor or manager, you can seek that information from their supervisor or manager, or from a supervisor or manager in another department.

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.

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. Its job includes protecting members from things like abuse, harassment, and discrimination. 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 policy and procedure, if one exists. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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 whom 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. If you have records, like emails or texts from your harasser that support your complaint, you should bring copies with you. This can help ensure that your complaint is taken seriously.

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. Not on your side or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy and procedure, if there is one.

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

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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 toward you since then.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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, although it’s up to your employer whether to allow a support person to attend. If you require accommodations at the meeting—for example, a translator—you should ask for them, ideally beforehand.
  • 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.
  • 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. See Document everything.

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 don’t understand a question or aren’t sure what the investigator is asking for, then you can ask for it to be repeated or rephrased.
  • It’s okay to tell the investigator if you don’t know the answer to a question, or if you need to check something (your notes, your text messages, etc.) before you can respond.
  • If the investigator asks you questions about a document or other evidence, it’s okay to take your time to read through the document before answering questions about it.
  • It is always okay to ask for a short break, for whatever reason – to use the bathroom, drink some water, or to clear your head.
  • 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 are afraid the harasser will get other people to gang up on you for reporting them.
  • You likely won’t be allowed to record your interview. The interviewer may record the interview, but they should keep the recording confidential.
  • You can bring notes or other documents into the meeting, but you should know that the investigator might ask to see your notes and take copies of anything you bring to the meeting. So if there’s anything you don’t want the investigator to see, you should leave it at home.
  • You can ask the investigator for their email or phone number, in case you remember something later that you want to pass along to them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

This is really common. If that happens to you, you can:

  • Contact your union (if you have one).
  • Contact someone else in management—for example, if you reported to your manager, you could try reaching out to HR or to your manager’s manager.
  • Talk to the Nova Scotia Human Rights Commission.

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, someone else in management, or the Nova Scotia Human Rights Commission.

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, and the parties to the investigation (you, the respondent, and any witnesses) are supposed to keep the information confidential.

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?

Although it shouldn’t happen, 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 give you a copy of the investigator’s report, or ask your opinion about what they should do. If they end up punishing the harasser, they may or may not tell you about it. So you may never know what, if anything, happened to your harasser.

Your employer may choose to resolve issues with you in other ways. They may agree to make changes in your working situation, like physically separating you and your harasser, or assigning you to different projects or teams—but 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. 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 Human Rights Act. You might also feel that the investigator didn’t conduct a good investigation, or came to the wrong conclusion. In these cases, 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 a complaint to the Nova Scotia Human Rights Commission. See How to decide whether to file a human rights complaint. It investigates cases where someone claims that there’s been a violation of the Human Rights Act, and, if it looks as though the Human Rights Act might have been violated, the commission will refer the case to a Board of Inquiry. The Board of Inquiry works kind of like a court—it can conduct a hearing and can award damages. 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. See How to decide whether to take legal action (and what to expect if you do). 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.
  • 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. If your union fails to act, you might want to speak to a lawyer about filing a duty of fair representation complaint against your union—this has to be done quickly (within 90 days of the union’s decision), so it’s important to act if you think that you are being ignored by your union. 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 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.

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 law, who does it protect, and what does it require from employers?

On Prince Edward Island, there are laws that offer you protection from sexual harassment at work.

The Employment Standards Act is all about health and safety in the workplace. It’s the law in P.E.I. that protects workers from all sorts of hazards at work. The ESA sets out requirements for employers regarding workplace sexual harassment and violence.

The Occupational Health and Safety Act is the law in P.E.I. that protects workers from all sorts of hazards at work. Violence is covered under general regulations. Workplace harassment, which includes sexual harassment, is covered under specific OHSA Workplace Harassment Regulations.

The Human Rights Act says that sexual harassment is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, and gender expression. Under the act, your employer is required to prevent and respond to sexual harassment in the workplace.

The ESA, the OHSA, and the Human Rights Act work together to protect you from workplace sexual harassment. Your employer has responsibilities under each of these laws.

Does the OHSA apply in your situation?

The OHSA applies 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
  • anyone who gets paid for providing services, including independent contractors
  • self-employed people
  • volunteers

Who in P.E.I. is not covered by the OHSA?

These are the exceptions of people working in P.E.I. who aren’t covered by the OHSA:

If you aren’t sure if the OHSA applies to you, you can contact the Workers Compensation Board.

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. The harassment must have occurred at a work-related site or event. This means any place where you might be working, or doing something related to your work. 

If you’re sexually harassed at a work event, while you’re working at home or online, or while you’re travelling for your job, 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 Workplace Harassment Regulations require an employer who knows or ought reasonably to know that harassment in the workplace is occurring to ensure that the source of the harassment is identified and the harassment stopped, and that reasonable steps are taken to remedy the effects of the harassment, and to prevent or minimize future incidents of harassment.

If someone makes a complaint of harassment, the OHSA Workplace Harassment Regulations require employers to conduct an investigation and to take steps to make the workplace safe.

The OHSA regulations also require the employer to have a policy to prevent and investigate harassment in the workplace. Think of it as a guide for how sexual harassment will dealt with and what to expect if you report sexual harassment at work.

The workplace policy says how your employer will prevent or reduce the risk of workplace harassment. It also says how complaints can be made and how the employer will investigate complaints.

The workplace harassment policy should include:

  • how to report harassment
  • how to report to someone other than a supervisor or boss, if your supervisor or boss is the harasser
  • how reports will be investigated
  • a statement that the employer won’t share the names of people involved, unless it’s necessary to complete an investigation or required by the law

Although workplaces aren’t required to have a policy on addressing violence, employers still have an obligation to make sure employees are safe by assessing any role that may be at risk of violence and reducing that risk wherever possible.

Your employer’s workplace harassment policy must be in writing and readily available at your workplace. If there is no policy at your workplace, or if your employer isn’t following it, you can report that to the Workers Compensation Board at 1-800-237-5049.

See a sample workplace harassment policy (page 13).

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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. 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. The investigator is selected and hired by the employer and makes a report to the employer with recommendations.

Joint Health and Safety Committee or health and safety representative

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

Workplaces with 20 or more workers must have a JHSC. If a workplace has between five and 19 employees, the JHSC is optional; however, your workplace must then have a health and safety representative.

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 sexual harassment policy. It might be called something else, like a human rights policy, a respectful workplace policy, or a bullying and harassment policy. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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 whom 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. But if you want, you can 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 policy.
  • They are supposed to understand the OHSA Workplace Harassment Regulations and other applicable laws.

Investigations should be started promptly. There is no set time frame for how long an investigation should take. However, your employer may have their own timelines in their harassment policy. What is important is that the investigator conducts a thorough and fair investigation into your complaint.

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 under the OHSA Workplace Harassment Regulations and ESA definitions. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

If the investigator decides that what happened is sexual harassment, they will then determine what steps may be taken to protect you from more harassment, reprisals, or retaliation while the investigation continues.

If the investigator decides that what happened does not meet the definition of sexual harassment, you should be informed in writing.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

There may be other people there at the interview. If your workplace has a Joint Health and Safety Committee, its worker representative may be there. If there is a health and safety representative, they may be there. There may be someone else present at the interview solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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, provided they are not a witness. 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:

  • Call the Occupational Health and Safety Division of the Workers Compensation Board (1-800-237-5049). If it agrees that your situation is covered by the OHSA, it may order an investigation.
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the Workers Compensation Board. If they agree, they have the power to order a new investigation.

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

If that happens, you can contact the Occupational Health and Safety Division of the Workers Compensation Board. Or, 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. Or, you can report it to the Workers Compensation Board of PEI.

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 your employer whether the investigator thinks sexual harassment happened and, if so, what your employer can to do keep the workplace safe from sexual harassment in the future.

If the harasser is someone who works for your employer, the investigator may recommend they be fired or transferred, or suspended, or reprimanded. The investigator may also recommend changes to the workplace to make it safer, like changes to shifts or scheduling, policy changes, or education.

Your employer isn’t required to follow any of the investigator’s recommendations. They also 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. See Getting punished for complaining and how to protect yourself. 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. Usually, if you make this kind of agreement, the employer also makes you agree to not talk publicly by signing a non-disclosure agreement.

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, Employment Standards 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:

  • You can file a complaint with the Occupational Health and Safety Division of the Workers Compensation Board. It may send its own inspector to review the situation and can order your employer to take steps to comply with the OHSA, or it can order them to pay a fine. The Workers Compensation Board will not give you any type of financial award or take over the sexual harassment investigation. Instead, its job is to make sure that your employer is following their duty under the OHSA.
  • The same complaint of sexual harassment can be included in an application to the Human Rights Commission. It investigates and hears cases where there’s been a violation of the Human Rights Act. The commission can award damages. See How to decide whether to file a human rights complaint. Consider discussing your situation with a lawyer. You must file a complaint with the HRC within one year of the alleged discrimination.
  • You can file a complaint with the Employment Standards Board. If an inspector finds that your employer has violated the Employment Standards Act, they will talk to the employer about the problem and how to correct it, such as complying with the sexual harassment provisions of the Employment Standards Act.
  • 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 six 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. See Working with your union. 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.
  • 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.

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 Newfoundland and Labrador, there are two laws that offer you protection from sexual harassment at work.

The Newfoundland and Labrador Human Rights Act says that sexual harassment in the workplace is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, and gender expression. Under the act, sexual harassment is prohibited in the workplace.

The Occupational Health and Safety Act (OHSA) and the Occupational Health and Safety Regulations protect workers in Newfoundland and Labrador from all sorts of hazards at work, including violence and harassment. Under the regulations your employer is required to have a written harassment prevention plan saying how they prevent, deal with, and investigate workplace harassment, which includes sexual harassment.

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

Your employer has responsibilities under all 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
  • anyone who gets paid for providing services (including independent contractors)
  • people who aren’t paid, but are part of a work placement program (like a co-op job, job shadowing, a research project, fieldwork, or an internship)

Who in Newfoundland and Labrador is not covered by the OHSA?

These are the exceptions of people working in Newfoundland and Labrador 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.
  • The OHSA doesn’t apply to volunteers. (But that doesn’t mean volunteers can’t report sexual harassment; they absolutely can. It just means the employer may not be obligated to carry out a full investigation.)

If you aren’t sure if the OHSA and its regulations apply to you, you can call the Occupational Health and Safety Division at 1-800-563-5471.

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 as long as it was work-related.

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?
  • Did it seem like your co-workers may be aware of the harassment?
  • 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 regulations require employers to make it clear that workplace harassment, which includes sexual harassment, will not be tolerated, and to have a plan for responding to reports. The regulations also require the employer to have a written harassment prevention plan. Think of it as a guide for how sexual harassment will be dealt with and what to expect if you report sexual harassment at work.

The harassment prevention plan should include:

  • the process for how to report harassment
  • the process for reporting to someone other than a supervisor or boss, if the supervisor or boss is the harasser
  • how reports will be investigated
  • how information collected during an investigation will be kept confidential, and how any breaches of confidentiality will be dealt with
  • how you will be informed of the results of an investigation

The plan should be accessible to all workers and reviewed at least annually by the employer.

If there is no workplace program/policy at your workplace, or if your employer isn’t following it, you can report that to the Occupational Health and Safety Division at 1-800-563-5471.

See a sample harassment prevention plan (page 18).

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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. 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. The investigator is selected and hired by the employer and makes a report to the employer with recommendations.

Occupational Health and Safety Committee, worker health and safety representative or workplace health and safety designate

Your workplace will have an Occupational Health and Safety Committee, a worker health and safety representative or a workplace health and safety designate. 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 health, safety and welfare of employees.

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 policy. 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 if you feel safe to do so.
  • 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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. Your employer’s policy may also contain a complaint form where you can provide the details. 

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 plan.
  • They are supposed to understand the OHSA and its regulations.

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 workplace harassment under the regulations’ definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

The investigator should keep you informed about the timing and progress of their investigation, but they shouldn’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.

There may be someone there to assist the investigator by taking notes. If your workplace policy allows it, you may be able to have a support person or union rep with you.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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 where your workplace harassment policy permits. If you are a member of a union, your union representative can attend with you if you would like them to. 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.
  • 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. See Document everything.

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:

  • Call the Occupational Health and Safety Division (1-800-563-5471). If it agrees that your situation is covered by the OHSA, it may order your employer to investigate.
  • Contact your union.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the Occupational Health and Safety Division (1-800-563-5471) to speak with an OHS officer. If the OHS officer agrees with you, they have the power to order a new investigation by an impartial third party that your employer must pay for.

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

If that happens, you can contact the Occupational Health and Safety Division, and it can order your employer to conduct a new or better investigation. Or you can contact your union.

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 and provide support to you. Or, you can report it to the Occupational Health and Safety Division.

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. If the employer asks, it may provide recommendations about what they can do to keep the workplace safe from sexual harassment in the future.

If the harasser is someone who works for the employer, they may be fired or transferred or suspended or reprimanded. Alterations to the workplace to make it safer, like changes to shifts or scheduling, policy changes or education, could also happen.

Your employer must meet with you and the harasser separately to inform you of the results of the investigation. They must tell you if any corrective actions will be taken.

Your employer isn’t required to follow any of the investigator’s recommendations, even if they requested them. They also 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. 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 OHSA 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:

  • You can file a complaint with the Occupational Health and Safety Division. It may send its own officer to review the situation and can order your employer to take steps to comply with the OHSA, or it can order them to pay a fine. The Occupational Health and Safety Division will not give you any type of financial award, or take over the sexual harassment investigation. Instead, its job is to make sure that your employer is complying with the OHSA and the regulations.
  • The same report of sexual harassment can be included in a complaint to the Newfoundland and Labrador Human Rights Commission. It investigates and hears cases where there’s been a potential violation of the Human Rights Act. The commission can award damages. See How to decide whether to file a human rights complaint. Consider discussing your situation with a lawyer. You must file a human rights complaint within one year of the harassment.
  • 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 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. You have six years to do this.

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 law, who does it protect, and what does it require from employers?

In Saskatchewan, there are three laws that offer you protection from violence and sexual harassment at work.

The Saskatchewan Human Rights Code (SHRC) says that sexual harassment is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, and gender identity. Under the code, your employer is required to prevent and respond to sexual harassment in the workplace.

The Saskatchewan Employment Act (SEA) outlines the rights and responsibilities of employers and employees in Saskatchewan workplaces. Employers have the duty to ensure, where they reasonably can, that their employees do not experience harassment at work.

The Occupational Health and Safety Regulations (OHSR), which are outlined in the SEA, are all about safety in workplaces. The SEA and its regulations are the laws in Saskatchewan that protect workers from all sorts of hazards at work, including violence and harassment. Under the OHSR, your employer is required to have a policy with specific statements and commitments about harassment.

SEA and its OHSR, and the Human Rights Code work to protect you from sexual harassment.

Your employer has responsibilities under all of these laws.

Do the SEA and its Occupational Health and Safety Regulations apply in your situation?

The SEA and its regulations relate to the actions and behaviour of people in your workplace, including your boss, co-workers, contractors, customers, and clients.

The SEA and OHSR cover most workers. This includes:

  • employees
  • anyone who gets paid for providing services (including independent contractors)
  • people who aren’t paid, but are part of a work placement program and being trained by the employer (like a co-op job, job shadowing, a research project, fieldwork, or an internship)
  • volunteers

Who in Saskatchewan is not covered by the SEA and OHSR?

These are the exceptions of people working in Saskatchewan who aren’t covered by the SHRC, SEA, and OHSR:

If you aren’t sure whether the SEA and OSHR apply to you, you can contact the Ministry of Labour Relations and Workplace Safety, Occupational Health and Safety Division, or WorkSafe Saskatchewan.

Does the OHSR 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 there is a connection to work.

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 outside of work hours, your employer may be 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 OHSR require from an employer?

Saskatchewan law requires employers to make it clear that sexual harassment and workplace violence will not be tolerated. Under the SEA/OHSR, all employers must have a written workplace policy on harassment and violence, regardless of the size of the workplace or number of workers. 

Workplaces are allowed to combine harassment and violence policies into one document, as long as it follows the OHSR rules. The policy should be posted in an easily accessible, plainly visible area, and a copy should be provided to workers.

The workplace harassment policy should include:

  • How you can report harassment and the process for responding to it.
  • How the names of the people involved won’t be disclosed unless it is necessary for the investigation or required by law.
  • How an investigation will be conducted if the matter can’t be quickly resolved in a manner that is satisfactory to you.
  • How you will be informed about the results of the investigation

See a sample workplace harassment policy.

If there is no workplace policy at your workplace, or if your employer isn’t following it, you can report that to the Ministry of Labour Relations and Workplace Safety, Occupational Health and Safety Division.

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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 someone from your work or outside. 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. The investigator is selected and hired by the employer and makes a report to the employer with recommendations.

Occupational health and safety representative or committee

Your workplace may have an occupational health and safety representative or committee, which plays a role in helping to keep the workplace a healthy and safe place. While their specific duties can vary in different workplaces, their role will always involve promoting safety, health and overseeing that the employer is following their requirements under the OHSR. 

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 sexual harassment policy. 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 reporting sexual harassment, that should be enough to get things started.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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. But if you want, you can 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. Not on your side, or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy.
  • They are supposed to understand the OHSR.

The investigation is supposed to start quickly and finish in 90 days or less. 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.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

There may be other people there. If your workplace has an occupational health and safety committee, its worker representative will be there. If there is a health and safety rep, they will be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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:

  • Call the Ministry of Labour Relations and Workplace Safety, Occupational Health and Safety Division (1-800-567-7233). If it agrees that your situation is covered by the SEA and OHSR, it may order your employer to investigate.
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the Ministry of Labour Relations and Workplace Safety, Occupational Health and Safety Division. If it agrees, it has the power to order a new investigation.

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

If that happens, you can contact the Ministry of Labour Relations and Workplace Safety, Occupational Health and Safety Division, and they can order your employer to conduct a new or better investigation.

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. Or, you can report it to the Ministry of Labour Relations and Workplace Safety, Occupational Health and Safety Division.

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 and, if so, what actions they recommend to keep the workplace safe from sexual harassment in the future. Your employer should share the findings with you. If there was a finding of harassment, your employer should tell you the corrective action that will be taken.

If the harasser is someone who works for the employer, the investigator may recommend they be fired or transferred or suspended or reprimanded. The investigator may also recommend alterations to the workplace to make it safer, like changes to shifts or scheduling, policy changes or education.

Your employer isn’t required to follow any of the investigator’s recommendations. They also 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. 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 Saskatchewan Employment Act, the Occupational Health and Safety Regulations and the Human Rights Code. 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:

  • You can file a complaint with the Occupational Health and Safety Division of the Ministry of Labour Relations and Workplace Safety. It may send its own inspector to review the situation and can order your employer to take steps to comply with the SEA and its OHSR or it can order them to pay a fine. The Occupational Health and Safety Division will not give you any type of financial award, or take over the sexual harassment investigation. Instead, its job is to make sure that your employer is following their duty under the SEA and its OHSR.
  • The same complaint of sexual harassment can be included in an application to the Saskatchewan Human Rights Commission. It investigates and hears cases where there’s been a violation of the Human Rights Code. The commission 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.

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 law, who does it protect, and what does it require from employers?

In Alberta, there are three laws that offer you protection from sexual harassment at work.

The Alberta Human Rights Act says that sexual harassment is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, and gender expression. Under the act, your employer is required to prevent and respond to sexual harassment in the workplace.

The Occupational Health and Safety Act (OHS Act) and the Occupational Health and Safety Code (OHS Code) are all about safety in workplaces. These are the laws in Alberta that protect workers from all sorts of hazards at work, including violence and harassment. Under the act, your employer is required to have a policy saying how they prevent, deal with, and investigate sexual harassment and workplace violence.

The Alberta Human Rights Act, the OHS Act and the OHS Code work together to protect you from sexual harassment.

Your employer has responsibilities under all these laws.

Does the OHS Act apply in your situation?

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

The OHS Act covers most workers. That includes:

  • employees
  • volunteers
  • self-employed people

Who in Alberta is not covered by the OHS Act?

These are the people working in Alberta who aren’t covered by the OHS Act:

  • The OHS Act 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.
  • The OHS Act doesn’t apply to students who are on an educational work placement and are unpaid.
  • The OHS Act also doesn’t apply to a farm and ranch owner, a family member of the owner, or an unpaid individual working on a farm or ranch.

If you aren’t sure if the OHS Act and OHS Code apply to you, you can call the OHS Contact Centre at 1-866-415-8690.

Does the OHS Act or OHS Code 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, or while you’re travelling for your job, 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 do the OHS Act and OHS Code require from an employer?

The OHS Act and OHS Code require employers to make it clear that sexual harassment and workplace violence will not be tolerated, and to have a plan for responding to complaints. If someone makes a complaint, the OHS Act and OHS Code require employers to conduct an investigation and take steps to make the workplace safe.

The OHS Act and OHS Code require the employer to have a sexual harassment prevention policy and plan. This is often a single document. Think of it as a guide for how sexual harassment or violence will be dealt with and what to expect if you report sexual harassment at work.

The workplace policy says how your employer will prevent or reduce the risk of workplace harassment and violence. It also says how complaints can be made and how the employer will investigate them. The plan is the more detailed description of how the policy is put into practice. It says how to report workplace harassment and violence and describes the process for responding to complaints.

The workplace harassment policy is supposed to describe:

  • the process for how to report harassment or violence
  • how complaints will be investigated
  • how information collected during an investigation will be kept confidential
  • how you will be informed of the results of an investigation and any corrective action

If there is no workplace policy or plan at your workplace, or if your employer isn’t following it, you can report that to the OHS Contact Centre online or by phone at 1-866-415-8690.

See a sample workplace harassment policy and plan.

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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 complaint 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 complaint 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 complaint is made, your employer should designate an investigator. 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. The investigator is selected and hired by the employer and makes a report to the employer with recommendations.

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 OHS Act and OHS Code.

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 sexual harassment policy. It might be called something else, like a human rights policy, a respectful workplace policy, or a bullying and harassment policy. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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 whom 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 policy and procedures.
  • They are supposed to understand the OHS Act and OHS Code.
  • They are supposed to keep the complaint confidential and make sure everyone involved maintains confidentiality throughout the investigation.

The investigation is supposed to start quickly and be completed in a timely manner. There is no set timeline for investigations. Some 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 harassment under the OHS Act definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

There may be other people there. If your workplace has a Joint Health and Safety Committee or a union, its worker representative will be there. If there is a health and safety rep, they will be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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, although it’s up to the investigator whether they will be allowed. 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:

  • Call the OHS Contact Centre (1-866-415-8690 ). If it agrees that your situation is covered by the OHS Act and OHS Code, it may order your employer to investigate.
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, send your employer a written complaint regarding your sense of bias. Document this for later use, if necessary.

You can also contact the OHS Contact Centre (1-866-415-8690).

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

If that happens, you can reach the OHS Contact Centre and it can order your employer to conduct a new or better investigation. Or you can contact your union, if you have one, your workplace health and safety rep, or a lawyer.

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. Or you can report it to the OHS Contact Centre.

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 and, if so, what actions they recommend to keep the workplace safe from sexual harassment in the future.

If the harasser is someone who works for the employer, the investigator may recommend they be fired, transferred, suspended, or reprimanded. The investigator may also recommend changes to the workplace to make it safer, like changes to shifts or scheduling, policy changes, or education.

Your employer must inform you and the harasser of the results of the investigation.

Your employer isn’t required to follow any of the investigator’s recommendations. They also 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:

  • You can file a complaint with the OHS Contact Centre, either online or over the phone. It may send its own inspector to review the situation and can order your employer to take steps to comply with the OHS Act and OHS Code, or it can order them to pay a fine. The OHS will not give you any type of financial award or take over the sexual harassment investigation. Instead, its job is to make sure that your employer is following their duty under the OHS Act and OHS Code.
  • The same complaint of sexual harassment can be included in an application to the Alberta Human Rights Commission. It investigates cases where there’s been a violation of the Human Rights Act. If the case cannot be resolved, it may be sent to the Alberta Human Rights Tribunal. The tribunal can award damages. See How to decide whether to file a human rights complaint. Consider discussing your situation with a lawyer or with the Workers’ Resource Centre.
  • 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 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.

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 are the laws, who do they protect, and what do they require from employers?

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

The Yukon Human Rights Act says that sexual harassment is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, and gender expression. Under the act, your employer is required to prevent and respond to sexual harassment in the workplace.

The Workers’ Safety and Compensation Act (WSCA) is all about safety in workplaces. It’s the law in Yukon that protects workers from all sorts of hazards at work, including violence and harassment. Under the WSCA, your employer is required to have a written policy saying how they prevent, deal with, and investigate sexual harassment and workplace violence. Your employer is also required to provide training and supervise workers to make sure they follow the policy.

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

Your employer has responsibilities under both of these laws.

Does the WSCA apply in your situation?

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

The WSCA covers most workers. That includes:

  • employees who aren’t federally regulated workers
  • anyone who gets paid for providing services, including independent contractors
  • people who aren’t paid, but are part of a work placement program (like a co-op job, job shadowing, a research project, fieldwork, or an internship)
  • volunteers whose work is considered to be in the public interest

The WSCA doesn’t specifically say you need to be an employee to report sexual harassment.

Who in Yukon is not covered by the WSCA?

These are the exceptions of people working in Yukon who aren’t covered by the WSCA:

If you aren’t sure if the WSCA applies to you, you can ask the Workplace Sexual Harassment Clinic.

Does the WSCA 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 work-related social setting outside of work hours, your employer is responsible for taking steps to ensure your safety.

If the harassment happens outside of work hours and away from work, and the harassment is not work-related, your employer may not have any obligations under the WSCA.

Unless your employer has a workplace policy that deals with off-work hours behaviours, or if the harassment is spilling into the workplace, your employer should address the harassment.

If the harassment is outside of work and work hours, a good place to get advice on your options is the Workplace Sexual Harassment Clinic.

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 WSCA require from an employer?

The WSCA regulations require employers to make it clear that sexual harassment will not be tolerated, and to have a plan for responding to reports. If someone makes a complaint, the regulations require employers to conduct an investigation and take steps to make the workplace safe.

The regulations require the employer to have written workplace policies and procedures. Think of them as a guide for how sexual harassment or violence will be dealt with and what to expect if you report sexual harassment at work.

The workplace policy has statements about workers’ rights when it comes to violence and harassment at work. It says that workers have the right to bring complaints of violence or harassment to the employer. The procedure is the more detailed plan of how the policy is put into practice. It says how to report workplace harassment and violence and describes the process for responding to complaints.

The workplace procedure is supposed to describe:

  • the process for how to report harassment
  • the process for reporting to someone other than a supervisor or boss, if your supervisor or boss is the harasser
  • how reports will be investigated
  • how you will be informed of the results of an investigation
  • how someone can get help after a report has been made, including how to get treatment and counselling

The policy and procedure need to be in writing. Depending on the type of workplace, your employer may be required to post written policies in an easily accessible place.

If there is no workplace procedure/policy at your workplace, or if your employer isn’t following it, you can report that to the Workers’ Safety and Compensation Board (1-800-661-0443).

Who’s who

Designated person

A designated person is someone your employer names in their policy 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. 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. The investigator is selected and hired by the employer and makes a report to the employer with recommendations.

Joint Health and Safety Committee or representative

Your workplace may have a Joint Health and Safety Committee or 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 WSCA.

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. Its job includes protecting members from things like abuse, harassment, and discrimination. If your employer is not following the collective agreement, your union can make a complaint, called a grievance, or ask you to follow other procedures as set out in the collective agreement.

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 sexual harassment policy. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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 decided 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 policy.
  • They are supposed to understand the WSCA.

While there are no specific timelines on completing the investigation, the Yukon Workers’ Safety and Compensation Board recommends that the initial contact by the investigator should happen within five days.

It also recommends that employers provide a detailed report within 90 days after the investigation is finished.

Sometimes an investigation may take longer—for example, if there are a lot of witnesses, or complex evidence to sift through. If you feel the investigation is moving too slowly, or if you want to understand the investigator’s timelines, you can contact them directly.

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 under the WSCA definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

There may be other people there. If your workplace has a Joint Health and Safety Committee, its worker representative will be there. If there is a health and safety rep, they will be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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.
  • 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. See Document everything.

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 are 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:

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact the Yukon Workers’ Safety and Compensation Board. If it agrees, it has the power to order a new investigation.

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

If that happens, you can contact the Workers’ Safety and Compensation Board, and it can order your employer to conduct a new or better investigation. Or, 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. Or you can report it to the Yukon Workers’ Safety and Compensation Board. 

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 and entire guide about them: 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 and, if so, what actions they recommend to keep the workplace safe from sexual harassment in the future.

If the harasser is someone who works for the employer, the investigator may recommend they be fired, or transferred, or suspended, or reprimanded. The investigator may also recommend alterations to the workplace to make it safer, like changes to shifts or scheduling, policy changes, or education.

Your employer should meet with you to explain the report and the corrective action that will be taken.

Your employer isn’t required to follow any of the investigator’s recommendations. They also 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. 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 Workers’ Safety and Compensation Act and the Human Rights Act. In that case, you might decide to talk 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:

  • You can contact the Workplace Sexual Harassment Clinic. The senior lawyer and/or their assistant can help you understand the options available and provide legal advice and information as you take the next steps. The service is free and confidential.
  • You can file a complaint with the Workers’ Safety and Compensation Board. It may send its own inspector to review the situation and can order your employer to take steps to comply with the WSCA, or it can order them to pay a fine. The board will not give you any type of financial award or take over the sexual harassment investigation. Instead, its job is to make sure that your employer is following their duty under the WSCA.
  • If you’re not a union member, the same complaint of sexual harassment can be included in an application to the Yukon Human Rights Commission. It hears cases where there’s been a violation of the Human Rights Act. The commission 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. 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. See How to decide whether to take legal action (and what to expect if you do). If you plan to do this, consult with a lawyer, because claiming constructive dismissal is complicated.

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 law, who does it protect, and what does it require from employers?

In B.C., there are several laws that offer you protection from sexual harassment at work.

The British Columbia Human Rights Code says that sexual harassment is against the law. It protects people from discrimination and harassment based on specific grounds, including sex, sexual orientation, gender identity, or gender expression. Under the code, your employer is required to prevent and respond to sexual harassment in the workplace.

The Workers Compensation Act (WCA) and its Occupational Health and Safety Regulation are all about safety in workplaces. These are the laws in British Columbia that protect workers from all sorts of hazards at work. These do not specifically explain how to deal with sexual harassment. They are about health and safety issues more broadly. If you work in B.C., you’ll find your workplace sexual harassment protections outlined by the Occupational Health and Safety policies created by WorkSafeBC, that deal with bullying and harassment more generally. These policies are meant to help both you and your employer understand how sexual harassment should be dealt with under the WCA as a health and safety issue.

These laws work together to protect you from sexual harassment. Your employer has responsibilities under all of these laws.

Does the WCA apply in your situation?

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

The WCA covers paid workers. Workers include:

  • employees
  • anyone who gets paid for providing services, including independent contractors

Who in British Columbia is not covered by the WCA?

These people aren’t covered by the WCA:

  • Workers at 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.
  • Volunteers. (But that doesn’t mean volunteers can’t report sexual harassment; they absolutely can. It just means the employer may not be obligated to carry out a full investigation.)

If you aren’t sure if the WCA applies to you, you can contact WorkSafeBC.

Does the WCA 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 work-related 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 WCA require from an employer?

The WCA requires employers to provide a safe and healthy work environment for workers. Sexual harassment is a health and safety issue. WorkSafeBC’s Occupational Health and Safety policies act as guides on how your employer should address workplace bullying and harassment, including sexual harassment.

If you work in an environment that puts you at risk of violence more generally, your workplace must have a workplace policy on violence.

All employers must take all reasonable steps to prevent or minimize workplace bullying and harassment. Reasonable steps include:

  • developing a policy on workplace bullying and harassment, and informing workers about it
  • creating complaints procedures, including specific procedures for when the supervisor is the harasser
  • creating procedures on investigating complaints of sexual harassment
  • creating procedures on what to do after the investigation is completed

If your employer does not have a policy dealing with sexual harassment, or if you feel like they are not taking reasonable steps to deal with your harassment, you can contact WorkSafeBC.

Who’s who when you report

Designated person

A designated person is someone your employer names in their policy 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. 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. The investigator is selected and hired by the employer and may make a report to the employer with recommendations.

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. Workplaces with 20 or more workers must have a JHSC. 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 WCA.

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 sexual harassment policy. It might be called something else, like a human rights policy, a respectful workplace policy, or a bullying and harassment policy. 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.

Important

It’s pretty common for employers to handle reports badly. You might report to someone, and they might think you’re just venting or asking for advice. So it’s important to say as clearly as possible that you are making a formal report of sexual harassment. It’s also pretty common for people to not know what they’re supposed to do next. So if nothing seems to happen after you report, you might want to follow up to make sure someone is taking action.

Important

Some people think that HR is supposed to be on their side. That’s not really true. A good HR person will want the workplace to be safe, and will know they have a responsibility to act on your complaint. But their responsibility is really to your employer, not to you. They should help you, but they are not your friend or advocate.

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 policy.
  • They are supposed to understand the WCA.

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.

Important

To do their work, the investigator needs to ask the harasser about what they did. That means the harasser will know you reported them.

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.

There might be other people there. If your workplace has a Joint Health and Safety Committee, its worker representative may be there. If there is a health and safety rep, they may be there. There may be someone there solely to take notes.

Tip

People at the meeting may behave formally and seriously, even if they know you from outside the investigation. You may feel like that means they are mad at you or don’t believe you. But that’s not necessarily the case. They may just be trying to be respectful.

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. 

Although it does not always happen, it is also normal for the investigator to meet with you more than once. This is because sometimes they will need to ask you questions about things that other participants have reported in the investigation.

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. This may not be allowed because of confidentiality. If you are a member of a union, you may be able to have a representative from the union attend the meeting with you as your support person. 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
  • 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. See Document everything.

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:

  • Call WorkSafeBC. If it agrees that your situation is covered by the WCA, it may order your employer to investigate.
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can call WorkSafeBC. If they agree, they have the power to order a new investigation.

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

If that happens, you can contact WorkSafeBC and it can order your employer to conduct a new or better investigation. Or 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. Or, you can report it to the WorkSafeBC.

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.

It’s illegal for employers to punish a person for reporting sexual harassment, but it’s very common. About a third of the people who report sexual harassment say they ended up getting punished for it.

What happens once the investigation is over?

The investigator will tell your employer whether they think sexual harassment happened and, if so, what actions they recommend to keep the workplace safe from sexual harassment in the future. They may or may not write a report. If there is a report, you may or may not be able to see it. It will depend on the rules in your workplace harassment policy.

If the harasser is someone who works for the employer, the investigator may recommend they be fired, transferred, suspended, or reprimanded. The investigator may also recommend alterations to the workplace to make it safer, like changes to shifts or scheduling, policies or education.

Your employer may or may not be required to follow any of the investigator’s recommendations. They also 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 WCA and the British Columbia Human Rights Code. 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:

  • You can file a complaint with WorkSafeBC. It may send its own inspector to review the situation and can order your employer to take steps to comply with the WCA, or it can order them to pay a fine. WorkSafeBC will not give you any type of financial award, or take over the sexual harassment investigation. Instead, its job is to make sure that your employer is following their duty under the WCA. 
  • There are some limited circumstances where a claim for compensation may be available through WorkSafeBC if there is evidence of a medical disorder arising from workplace incidents, including bullying and harassment. For this type of claim, a WorkSafe officer will conduct their own investigation, even if the employer already has done so. 
  • If your employer takes a negative action against you because you reported sexual harassment, you may want to file a prohibited action complaint with WorkSafeBC. It may attempt to mediate the issue between you and your employer if you are willing to participate in mediation. Otherwise, a WorkSafe officer will consider the relevant evidence and make a decision about the complaint and any remedy that is ordered.
  • The same report of sexual harassment can be included in an application to the British Columbia Human Rights Tribunal. It hears cases where there’s been a violation of the Human Rights Code. The tribunal can award damages. See How to decide whether to file a human rights complaint. Consider discussing your situation with a lawyer. You must file a human rights complaint within one year of the harassment.
  • 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. See Working with your union. This may depend on the language of your collective agreement. 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.
  • 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.
 Federal Not sure