How to decide whether to file a human rights complaint

The Yukon Human Rights Commission and what it does

The Yukon Human Rights Commission is the agency that receives and investigates complaints about violations of the Yukon Human Rights Act. Sexual harassment under the act can constitute discrimination based on sex. The commission helps people to mediate or settle their complaints. If a complaint can’t be resolved, depending on the evidence, it may go to a hearing at the Yukon Human Rights Panel of Adjudicators. The Yukon Human Rights Commission and the YHRPA both deal with discrimination cases but are separate from one another.

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. 

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

First, review Human Rights Complaints and Am I in the Right Place? on the commission’s website. When you contact the commission, you will be given the chance to make an appointment with a staff member to discuss your situation; they can explain the human rights law in Yukon but cannot give you legal advice. 

To file a complaint you must complete a human rights complaint form, which is available online; you can also request a copy by phone or in person at the commission’s office in Whitehorse. Your complaint is then reviewed by the director, who decides whether it falls under the commission’s jurisdiction. About half of all complaints are accepted. 

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 your complaint?

• You have 18 months from when the harassment happened to file your complaint with the commission. If the harassment happened more than once, the deadline is 18 months from the last incident of harassment. 
• You can file a complaint with the commission if you work in Yukon or if the harassment happened in Yukon, 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 may have to make your complaint through your union. You’re covered if you’re non-unionized, temporary or permanent, an independent contractor, or undocumented.
• Before your complaint can be accepted, you must already have pursued all other ways to resolve it.
• If your complaint doesn’t fall under the Human Rights Act, a human rights officer may refer you to another agency for help. 

How mediation works

Once a complaint has been accepted, the respondent—the person your complaint is about—will be asked whether they are interested in settling the matter; this is known as informal resolution. If they are, a commission staff member can recommend ways to do this and facilitates the process of you and the respondent coming to an agreement. You are not required to meet the respondent face to face.

Staff members 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 Yukon Human Rights Act’s intent is to remediate, not punish—the purpose of this process is not to determine whether you were sexually harassed according to the act. About a third to a quarter of all complaints are resolved at this point. No one can be forced to agree to settlement terms.

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:

• 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 are almost always 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 have to be trained about. When money is involved, awards for emotional harm are seldom more than $5,000. 

If informal resolution isn’t successful

If you or the respondent doesn’t choose to participate in informal resolution or the process isn’t successful, then your complaint will be investigated. Once the investigation is complete, the investigator prepares a report that is given to both parties, who submit a response. The report and the submissions are reviewed by the commission members at a hearing. If they believe a settlement could still be possible, they give you and the respondent a set amount of time to find a solution. Complaints that still aren’t resolved may be referred to the Panel of Adjudication but can be settled before a hearing occurs. If this happens, commission members can act as mediators and suggest terms of a settlement. 

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 call the commission. It is designed to help people file their complaint and protect human rights. The commission staff are trained to help you with the process.
• The commission runs an automated chatbot called Spot. Spot helps you document your experiences of harassment or discrimination, either for yourself or to share with the commission as part of your 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 Yukon 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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