How to decide whether to file a human rights complaint

The Manitoba Human Rights Commission and what it does

If you’ve been sexually harassed, you may be able file a formal complaint with the Manitoba Human Rights Commission. One law that protects you from discrimination is the provincial Human Rights Code. Sexual harassment under the act can constitute discrimination based on sex.

The commission will review your complaint and assess whether it should be accepted. Commission staff encourage parties to reach a settlement through mediation; if that’s not successful, they may investigate the issues. If the commission staff recommends a complaint for a hearing, the case will then go to the Human Rights Adjudication Panel. 

When you think about filing a complaint, you might imagine a process that ends in an adjudicator definitively ruling that what happened to you was either right or wrong. But in reality, that almost never happens. In 2022, only one complaint was closed this way. The greatest number of cases are settled through mediation.

We’re not saying don’t make a complaint to the commission, but it’s very unlikely the outcome will be a public acknowledgement of the fact that you were harassed. If you think you would be satisfied with a private settlement, which could involve such things as money to compensate you for the harm you experienced, an apology or a job reference, then having your complaint dealt with in a conciliation process could be right for you.

Why consider filing a complaint with the commission

If you decide to file a complaint with the commission, here are a few things you may get out of the process:

• It’s a chance to tell the harasser what they did is not okay.
• You might get back money you lost because of the harassment—maybe you didn’t get a special project or a promotion, or were fired.
• You might get a reference for a new job.
• You could request that your workplace make changes that would affect everyone there, not just you, such as improving their employee policies and training around sexual harassment.
• It is possible to get some money to recognize the emotional harm you suffered from the harassment.

How to make a complaint to the commission

If you believe you have been sexually harassed, you should first read the commission’s Guide to Filing a Complaint. The next step is speaking to or emailing a human rights officer at the commission (1-888-884-8681; [email protected]), who will ask you to fill out a questionnaire and provide a written statement. In this you will describe the events, the effect the harassment had on you, the remedies you are asking for, and whether you are interested in mediation.

You can arrange an in-person appointment at the commission’s Winnipeg or Brandon office. 

If your information indicates that the Human Rights Code applies to your situation, then the commission will complete a complaint form that you must sign. 

You can file a complaint against anybody who is sexually harassing you at work—your employer, a co-worker, a supervisor, a customer, or a contractor. In your application, you can also name the company or organization you were or are working for. Even if your employer is not the one who’s harassing you, they have to protect you from sexual harassment and a harassing environment. See How to report sexual harassment to your employer. 

Will the commission accept my complaint?

• You have one year from when the harassment happened to file your complaint with the commission. If the harassment happened more than once, the deadline is one year from the last incident of harassment. 
• You can file a complaint with the commission if you work in Manitoba or if the harassment happened in Manitoba, but not if you work at a federally regulated workplace. See Am I a federally regulated worker? (And why it matters.) 
• If you’re unionized, you must make your complaint through your union. You’re covered if you’re non-unionized, temporary or permanent, an independent contractor, or undocumented.
• If your complaint doesn’t fall under the Human Rights Code, a human rights officer will refer you to another agency for help.

How mediation works

Mediation is the process of trying to settle your case by coming to an agreement with the respondent—the person your complaint is about. Its purpose is not to determine whether you were sexually harassed according to the code but a way of encouraging the parties to settle their dispute instead of continuing with the process. Mediation is optional, but highly encouraged by the commission at every stage, including even before a complaint is registered. 

Neither party chooses the mediator. The commission will assign one to your case. Mediators are human rights experts who listen to you and the respondent and work with both of you to come to a settlement. They are expected to behave neutrally: They’re not supposed to pick a side, and they aren’t supposed to favour either you or the respondent. However, they can provide guidance, including sharing information about previous settlements and the remedies involved.

How the mediation will go depends on the type and complexity of the complaint. It may involve the mediator talking to you and the respondent in separate telephone calls; it could require in-person meetings. Usually, the parties have up to 60 days to try to reach an agreement.

It’s important to know that if you turn down a settlement that the executive director of the commission thinks is reasonable, you will be given one final chance to accept it; if you don’t your file will be closed. 

For more information 

The Human Rights Commission’s website includes a detailed guide to mediation. 

Pros and cons of mediation

What you might ask for

Money to compensate you for:

• The harm to your dignity, feelings, and self-respect.
• Lost wages.
• The cost of counselling sessions you’ve needed and/or money to cover future counselling.

Besides money:

• An apology.
• A reference letter or a letter confirming your employment.
• A change at the workplace, like including a sexual harassment section in the policies handbook.
• Your employer having to take a course about preventing and dealing with sexual harassment. 

What are you likely to get?

Details of settlements reached through mediation are generally private. However, we know that in a number of cases the agreement doesn’t involve money at all; instead, the respondents are ordered to do things like take human rights training or create a human rights policy that all managers have to be trained about. The Human Rights Code caps financial awards for emotional harm at $25,000; this amount is most likely to be granted if the harassment was particularly bad and went on for a long time. The commission’s Guide to Remedies contains more information about possible awards and the way in which they are determined.

If early mediation isn’t successful

Complaints that aren’t resolved in early mediation may then go to the investigation stage. This involves the investigator speaking to people who might have relevant information and you providing the investigator with evidence about the harassment you experienced. See Document everything.

However, the executive director of the commission has the power to dismiss complaints without investigating them. This is called the early assessment process, which might happen if:

• Your complaint is considered “frivolous” or “vexatious” under the law.
• Your complaint doesn’t involve a violation of the Human Rights Code or the commission doesn’t have the jurisdiction to consider it.
• You’re a union member and your complaint is covered under your collective agreement.
• The complaint has been dealt with in another forum.
• Pursuing the complaint isn’t going to benefit you.

The most recent numbers show that more than 60% of complaints that reach this point are dismissed. See the commission’s Guide to Early Assessment and Dismissal Without Investigation for more information. 

If a complaint is going to be investigated, that process will take four to 12 months. After the investigation process, the remaining complaints are generally resolved through mediation or privately settled. Just one or two complaints a year are decided by the adjudication panel.

Where to get help with the process

Navigating the complaint process can be complicated and stressful. Here are some ways that you might get free or lower-cost advice:

• Commission staff are trained to help you with the process of filing a complaint. You can call or email the commission to reach a human rights officer or book an appointment with an officer in the Winnipeg or Brandon office. They will assess your situation and help you draft a complaint.
• JusticeNet is a not-for-profit service for those whose income is too high to qualify for legal aid but too low to afford regular legal fees. To qualify you must have a net family income under $70,000, or $90,000 for families of three or more, and be experiencing financial difficulties. Participating lawyers’ reduced rates vary depending on your family size and income.
• 211 Manitoba is a free and confidential 24/7 phone and text service that connects individuals to services in the province. You can call or text 2-1-1 to be connected with trained professionals to help find support services.
• Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.

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