How to decide whether to file a human rights complaint

The PEI Human Rights Commission and what it does

If you’ve been sexually harassed, you may be able to file a formal complaint with the PEI Human Rights Commission. One law that protects you from discrimination is the PEI Human Rights Act. Sexual harassment under the act can constitute discrimination based on sex. The commission will review your complaint and assess whether it should be accepted. If it is, commission staff encourage parties to reach a settlement through dispute resolution; if that’s not successful, they may investigate the issues. The commission staff may recommend a complaint for a hearing; when that happens, the case will then go to the PEI Human Rights Commission Panel.

When you think about filing a complaint, you might imagine a process that ends in a definitive ruling that what happened to you was either right or wrong. But in reality, that almost never happens. Complaints are much more likely to closed at the commission level than referred to the human rights panel for a decision 

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 participating in mediation 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:

• 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, like improving employee policies and training around sexual harassment.
• It is possible you might get some money to recognize the emotional harm you suffered from the harassment.

How to make a complaint to the commission

To start the process of filing a complaint, first check the Am I in the Right Place page of the commission’s website to see if your complaint is covered by the PEI Human Rights Act or call the commission (902-368-4180)—staff can explain what the law is and how it might apply to your situation. If it seems that you have been discriminated against, then complete the complaint form, which is included in the Complaint Form and Guide document on the commission’s website. Once you’ve filed a complaint, a commission staff member might contact you for more information or to clarify what you’ve said on the form.

You can file an application 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 your 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 PEI or if the harassment happened in PEI, but not if you work at a federally regulated workplace. See Am I a federally regulated worker? (And why it matters.)
•  You’re covered if you’re unionized or non-unionized, temporary or permanent, an independent contractor, or undocumented. 
• In 2023-24 about 30% of cases were dismissed by the commission without a finding of discrimination for reasons such as they’re not being in the commission’s jurisdiction or the deadline for filing had passed.

How mediation works

If both you and the respondent—the person your complaint is about—agree, you can take part in mediation to try to settle your complaint. This process might involve the mediator working with you and the respondent individually to assist you both to work toward a settlement by phone, email or in person. The mediator can also use a more formal, structured process. It is a way of encouraging the parties to settle their dispute without a formal investigation taking place, which could result in your complaint being dismissed. 

Mediators are experts in dispute resolution and human rights law who listen to you and the respondent and work with both of you to come to a settlement. They’re not supposed to pick a side, and they aren’t supposed to favour either you or the respondent. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act. 

Early settlement is encouraged but mediation can happen at any time before there’s a decision by the Human Rights Panel after a hearing. 

For more information

To learn more about what will happen during mediation, read the commission’s description of mediation and settlement.

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.
• A change at the workplace, like including a sexual harassment section in the policies handbook
• Your employer having to participate in an education session about preventing and dealing with sexual harassment. 

What are you likely to get?

Details of mediated settlements are private. However, we know that in a number of cases agreements don’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 would have to be trained about. Where there is a financial settlement for emotional harm, it is usually quite modest: an award above $10,000 is uncommon.

If early mediation isn’t successful

If you and the respondent aren’t able to reach a settlement, the respondent may ask the executive director to rule on whether the settlement offer they’ve made is fair and reasonable. When the executive director says it is, cases are closed. Otherwise, the file moves to the investigation stage. This involves your and the respondent’s documents being considered; witnesses could also be questioned. After investigation, a complaint might be referred to the panel, although this hardly ever happens with sexual harassment cases.  

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:

• You can contact the commission. Staff are trained to help you with the process.
• RISE provides up to four hours of free legal advice and support to eligible people who have experienced sexual violence, intimate partner violence or workplace sexual harassment.
• 211 PEI 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.
• 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 if there are three or more people in your family, and be experiencing financial difficulties. Participating lawyers’ reduced rates vary depending on your family size and income.
• Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.

---