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Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The Workplace Safety and Insurance Board is an independent Ontario governmental agency that operates “at arm’s length” from the Ontario Ministry of Labour, Training and Skills Development. It gives benefits and supports to people who’ve been injured at work. These can include replacement of lost wages, health care (including rehabilitation, counselling, and medications), and, in extreme situations, retraining.

Facts about the Workplace Safety and Insurance Board

  • The WSIB functions like an insurance provider. Employers pay premiums to the WSIB for the people who work for them. As a result, those people are entitled to benefits if they suffer a workplace injury.
  • About 75% of Ontario workers are covered by the WSIB.
  • Every year, approximately 250,000 WSIB claims are reported. The WSIB approves about 75% of those claims.
  • However, most successful claims are for physical injuries. When it comes to mental stress resulting from trauma or harassment, more than 90% of claims are rejected. 
  • In 2023, fewer than100 chronic mental stress claims were approved.
  • If your WSIB claim is rejected, you can file an appeal, but most appeals are unsuccessful.
  • Sources: WSIB Health and Safety Statistics, Association of Workers’ Compensation Boards of Canada, Toronto Star

If you’ve been harmed by sexual harassment at work, you might think the WSIB will help you. 

  • Maybe after you were harassed, you took time off work and so lost income.
  • Maybe the harassment damaged your mental health, and you ended up needing to spend money on medication for anxiety or depression.
  • Maybe the harassment had such an effect on you that you had to leave an industry and ended up needing to retrain for a new type of work in a different field. 

Those are the kinds of expenses—replacement of lost wages, medication costs, retraining costs—that the WSIB often covers.

However, historically, the WSIB has mostly handled claims related to physical injuries suffered by workers in male-dominated fields like construction, manufacturing, and uniform occupations like policing and firefighting. If you slip at work and break your ankle, or are struck by a falling object, or are injured in a fire or explosion: that is the kind of situation the WSIB was designed for and has a lot of experience handling. 

The WSIB has less experience with mental health harms. It has only accepted claims for chronic mental stress with no physical injury since 2018. And for these types of claims, the WSIB requires you to prove that your workplace was the “predominant” cause of your injury, whereas proof for other claims is only that the workplace was a “substantial” cause. That higher standard, worker advocates say, is another reason, in addition to the established WSIB culture, why so few harassment claims to the WSIB are successful.

Though we’re not saying don’t bother applying for WSIB benefits, you should be aware that it’s unlikely your claim will be successful. If you want to pursue the claim after being denied, you’ll need to be prepared to go through an appeal process. Appealing can take a long time, and, of the few appeals that are heard, many are denied.

Important

Legally, if your employer has WSIB coverage, they are required to report any injuries that occur in their workplace. But really most are unlikely to do this in sexual harassment cases, because they often deny the harassment occurred.

Important

If you want to apply for disability insurance through your workplace provider, the insurer may require you to apply to the WSIB first, and appeal if you are turned down.

Pros and cons of going to the WSIB

Pros

  • It isn’t expensive or very complicated. 
  • WSIB benefits can be generous. Wage replacement is up to 85% of your net salary.
  • You submit your claim directly to WSIB. No need to wait for your employer to investigate.
  • Representing yourself is possible when first making a claim. But if your claim is denied, appealing is more complicated. There may be some legal resources to help if you still want to represent yourself.

Cons

  • You can’t apply to the WSIB secretly. Your employer will know about your claim, which means they will have information about your private health circumstances.
  • Your employer will have the opportunity to dispute your claim and it’s very likely they will do this, in which case proving your case will be more difficult.
  • The WSIB has an extremely high rate of denying chronic and traumatic mental stress claims.
  • If the WSIB rejects your claim and you appeal, the appeal process may go on for years.
  • Your employer will be updated about any changes to your claim. That means they may continue to know about your personal health situation, even if you don’t work for them anymore.
  • The WSIB doesn’t investigate or adjudicate whether you were sexually harassed. If you are looking for someone to tell you that you were sexually harassed, and to punish the harasser or your employer for allowing the harassment, the WSIB won’t give you that.
  • To make a claim, you will need a medical professional to say that you’ve suffered an injury. If you don’t have easy access to a medical professional who will do this, making a claim will be harder.

Psychological injury claims

The WSIB awards benefits due to the injury you sustained, which in your case would be damaged mental health. This requires a diagnosis of conditions described in the Diagnostic and Statistical Manual of Mental Disorders-5, like depression, post-traumatic stress disorder, adjustment disorder, or anxiety. 

Under WSIB guidelines there are two categories of mental health injuries:

Chronic mental stress covers injuries from ongoing events where the injury develops over time. This might apply to a case where you are repeatedly harassed by a co-worker. 

Traumatic mental stress results from a specific traumatic event, such as harassment that includes physical violence, the threat of physical violence, or a life-threatening situation. The incident itself is the source of the trauma. While TMS claims are often based on a single traumatic event, the WSIB can also consider multiple incidents if the “cumulative impact” is traumatic. This means that, if events are looked at on their own and aren’t traumatic, they may be considered traumatic when looked at together. It’s not likely this type of claim fits your situation. 

The WSIB won’t cover every kind of mental stress that arises at work. If you develop a mental health condition caused by your employer making changes to your shifts or other working conditions, for example, or firing you, or due to interpersonal conflicts that don’t involve harassment, you aren’t eligible to file a claim.

Historically, the WSIB is more likely to accept traumatic mental stress claims than chronic mental stress claims. But the acceptance rate is low for both.

How to make a WSIB application 

First, you must decide if filing a claim with the WSIB is the right choice for you. If you choose to go to the WSIB, read Submitting an Injury or Illness Report. Submit the completed Form 6 (Worker’s Report of Injury/Disease) electronically by following the directions on the WSIB website.

To file a claim with the WSIB, you must be employed in a business or industry that is covered by the Workplace Safety and Insurance Act. About 75% of workers in Ontario are included under the act.

For more information

If you do choose to go to the WSIB, you’ll find more information about work-related mental stress injuries and the application process on the website.

Legal help

Representing yourself is possible when first making a claim. But if your claim is denied, appealing is more complicated. Here are some places that offer free or lower-cost legal services:

  • ProBono Ontario’s legal advice hotline (1-855-255-7256) offers low-income, non-unionized callers up to 30 minutes of free legal advice. 
  • You can get a free 30-minute consultation with a lawyer or paralegal through the Law Society Referral Service. Request a referral online and LSRS will provide you with the name of someone who can help you identify your legal options.
  • The Office of the Worker Adviser is an independent governmental agency that provides free and confidential services about workplace injuries and compensation to non-unionized workers. This office can provide information, advice, and help with representation to you throughout the WSIB process. It also has an extensive network of supports for injured workers and may be able to direct you to other organizations that can help.
  • There are several specialty Legal Aid Ontario clinics that provide free services to low-income individuals. If you’re below the financial threshold, which in 2024 was just under $23,000 for a single person, these may provide you with representation or legal advice:
  • 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.

For advice on hiring a lawyer, see How to find and work with a lawyer.


Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The Workers’ Compensation Board of Nova Scotia is an independent Nova Scotia governmental agency that gives benefits and supports to people who’ve been injured at work. These can include replacement of lost wages, health care (including rehabilitation, counselling, and medications), and, in extreme situations, retraining.

Facts about the Workers’ Compensation Board

If you’ve been harmed by sexual harassment at work, you might think the WCB will help you. 

  • Maybe after you were harassed, you took time off work and so lost income.
  • Maybe the harassment damaged your mental health, and you ended up needing to spend money on medication for anxiety or depression.
  • Maybe the harassment had such an effect on you that you had to leave an industry and ended up needing to retrain for a new type of work in a different field. 

Those are the kinds of expenses—replacement of lost wages, medication costs, retraining costs—that the WCB often covers.

However, historically, the WCB has mostly handled claims related to physical injuries suffered by workers in male-dominated fields like construction, manufacturing, and uniform occupations like policing and firefighting. If you slip at work and break your ankle, or are struck by a falling object, or are injured in a fire or explosion: that is the kind of situation the WCB was designed for and has a lot of experience handling. 

For many years, the only kind of harm to mental health the Nova Scotia Workers’ Compensation Act covered was “traumatic psychological injury,” which is defined as an “acute reaction to a traumatic event.” Close to two-thirds of the people receiving benefits for work time lost due to this type of injury were first responders who experienced post-traumatic stress disorder. 

In September 2024 the act was amended to include coverage of “gradual onset or traumatic mental stress.” This is defined as a harm “wholly or predominantly caused by one or more significant workplace stressors or a cumulative series of significant workplace stressors.” When we were writing this it wasn’t yet clear how likely a claim for harm because of sexual harassment would be successful.

Important

Legally, if your employer is a WCB member, they are required to report any injuries that occur in their workplace. But really most are unlikely to do this in sexual harassment cases, because they often deny the harassment occurred or that it caused real harm.

Important

If you want to apply for disability insurance through your workplace provider, the insurer may require you to apply to the WCB first, and appeal if you are turned down.

Pros and cons of going to the WCB

Pros

  • It isn’t expensive.
  • WCB benefits can be generous. Wage replacement is up to 85% of your net salary.
  • If the WCB asks for a psychological assessment, it will cover the cost of an evaluation by a registered psychologist or psychiatrist.

Cons

  • The WCB doesn’t investigate or adjudicate whether you were sexually harassed. If you are looking for someone to tell you that you were sexually harassed, and to punish the harasser or your employer for allowing the harassment, the WCB won’t give you that.
  • If the WCB rejects your claim and you appeal, the appeal process may be lengthy.
  • Usually, you and your employer must complete an injury report together, although it is sometimes possible to open a claim on your own.
  • Your employer will have the opportunity to dispute your claim. It’s very likely they will do this, in which case proving your case will be more difficult.
  • Your employer will be updated about any changes to your claim. That means they will continue to know about your personal health situation, even if you don’t work for them anymore.

Gradual onset psychological injury claims

The WCB awards benefits due to the injury you sustained, which in your case would be damaged mental health. Under the WCB guidelines, to qualify for coverage:

  • your injury must have been “wholly or predominantly” caused by “a significant workplace stressor” due to bullying or harassment 
  • a registered psychiatrist or psychologist has diagnosed the injury, which could include anxiety or depression

The WCB won’t cover every kind of mental stress that arises at work. If you develop a mental health condition caused by your employer making changes to your shifts or other working conditions, for example, or firing you, or due to interpersonal conflicts that don’t involve harassment, you aren’t eligible to file a claim.

How to make a WCB application

First, you should complete WCB’s self-assessment to determine whether your claim might be accepted. If it seems as if you could be eligible for coverage, call 1-833-491-8889 to speak to a WCB Client Care Navigator. 

For more information

See the Gradual Onset Psychological Injury page on the WCB’s website. It includes frequently asked questions about gradual onset psychological injury claims. 

Legal help

  • Through Legal Info Nova Scotia you can contact legally trained counsellors who provide free, practical information about Nova Scotia law. It also offers lawyer referral services for a small fee. The Lawyer Referral Service can put you in contact with a lawyer who will offer a 30-minute initial consultation for a fee of no more than $20.
  • If your claim was denied and you want to pursue an appeal, the Workers’ Advisers Program offers free legal services for eligible applicants. The government-funded WAP is independent from the WCB. It can help you appeal a WCB or Workers’ Compensation Appeals Tribunal decision. It will assess your case and only represent you if an adviser thinks you are likely to win. 
  • The Office of the Worker Counsellor, a project of the Nova Scotia Federation of Labour, provides free assistance to people dealing with the workers compensation system in the province. 
  • Nova Scotia Legal Aid offers low-income individuals advice and support but not representation for WCB-related issues.
  • Justice Net 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.

For advice on hiring a lawyer, see How to find and work with a lawyer.


Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

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.

Facts about the Manitoba Human Rights Commission

  • Every year, the commission registers between 200 and 300 complaints; 30 to 40 of those are by people who say they have been discriminated against or harassed on the basis of sex. 
  • Roughly 15% of complaints are resolved through mediation at some step in the process. 
  • About 60% of complaints are dismissed before being investigated, in many cases because they are found not to be in the commission’s jurisdiction. 
  • Many complaints are closed after being investigated because they are withdrawn or abandoned. 
  • The wait time for the commission to investigate a complaint of discrimination or harassment is about 24 months. 
  • Source: Manitoba Human Rights Commission Annual Report 2022

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

Pros

  • The mediation process is free.
  • Many people participate in mediation without a lawyer.
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, your complaint could still be heard by the panel, though it’s possible it might be dismissed at the investigation stage.

Cons

  • Mediation doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You may not be able to share details of any settlement you reach; a confidentiality agreement can be part of the terms. 
  • You will likely not get everything you ask for—you have to be ready to compromise. 

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.

Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The New Brunswick Human Rights Commission and what it does

The New Brunswick Human Rights Commission is the agency that deals with discrimination and harassment complaints. One law that protects you from discrimination is the New Brunswick Human Rights Act. Sexual harassment under the act is discrimination based on sex.

The commission receives, mediates, and investigates complaints. If a complaint can’t be resolved, the matter may be referred to a hearing at the Labour and Employment Board, which is completely separate from the commission. The commission is only able to make the decision to either dismiss a complaint or send it to the board. The board has the authority to make a finding of discrimination and award a variety of remedies.

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 be closed at the commission level than referred to the board for a decision; about a quarter of complaints are closed as a result of 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 participating in the mediation process could be right for you.

Facts about the New Brunswick Human Rights Commission

  • Every year, 10 to 15 people file a complaint with the commission saying they have been sexually harassed in the workplace.
  • Of the complaints closed by the commission in 2022-23, a quarter were successfully mediated, half were dismissed by the commission director or the commission members, and the remainder were withdrawn, abandoned, or found to be outside the jurisdiction of the commission. 
  • Hardly any complaints to the commission are referred to the Labour and Employment Board: six in each of 2021-22 and 2022-23. 
  • Complaints that are referred to the board for a hearing are seldom sexual harassment cases. 
  • Sources: New Brunswick Human Rights Commission annual reports, CanLII

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 could be 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, 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

The commission suggests that if you are considering making a complaint and want more information to first call or email (506-453-2301; [email protected]). The intake officer you deal with can mail you a complaint kit; otherwise, you can download the forms you need from the commission’s website. The Completing the Human Rights Complaint Form guide contains detailed information about how to fill out the three required forms. See also How to File Human Rights Complaint: New Brunswick.

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 application? 

  • You have one year from when the harassment happened to file your application with the tribunal. 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 New Brunswick or if the harassment happened in New Brunswick, 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.
  • After you file your complaint, the commission might decide that the harassment you faced doesn’t relate to a ground of discrimination under the code. In that case, your application will not proceed. This happens about half the time.

How mediation works

While both you and the respondent—the person your complaint is about—will be encouraged to participate in mediation, no one can be forced to do this. Mediation involves you and the respondent finding a solution to your complaint—something you both agree to. It can happen at any point, including through pre-complaint intervention, before your complaint is formally accepted. 

If you agree to the process, the commission will assign you a mediator. 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. 

Mediation is usually conducted in person; you and the respondent are in different rooms and the mediator shuttles between the two of you. 

About 25% of complaints are resolved through mediation and more than half of settlements happen at the early stage of the complaint process. But mediation can occur right up to the point where a complaint is referred to the Labour and Employment Board. 

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 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: a range of $5,000 to $12,500 is common. There aren’t very many big awards, and they happen when the harassment was particularly bad and went on for a long time. 

For more information

This chart outlines all the steps in the complaint process, including where mediation might occur.

Pros and cons of mediation

Pros

  • The mediation process is free.
  • Many people participate in mediation without a lawyer.
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Reaching a settlement is usually faster than a hearing, though the process can take one to two years. 
  • More creativity is possible in mediation. For example, you can’t ask for an apology in a hearing.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, the complaint process continues.

Cons

  • Mediation doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You will likely not get everything you ask for—you have to be ready to compromise.

Beyond mediation

Complaints that aren’t settled through early mediation are analyzed by the commission’s legal team, which may recommend that the complaint be investigated. An investigator gathers information through conducting interviews and reviewing documents, then writes a report recommending either dismissing the complaint or referring it to the Labour and Employment Board for a hearing. 

Pros and cons of your case being decided by the Labour and Employment Board

Pros

  • The Labour and Employment Board has the power to say that, yes, you were harassed, and that what happened to you was wrong.
  • The board of inquiry can order many different remedies. It can award you money. If you were fired or had to quit because of the harassment, it can order your employer to give you your job back. It can order your employer to provide anti-harassment training.

Cons

  • It can take years for a hearing to be held.
  • If you hire a lawyer to represent you, that will be expensive. If you don’t hire a lawyer, your chances of success are much lower.
  • People who represent themselves are less likely to have their complaints found justified.
  • The board usually only awards money for things like lost wages or your expenses as a result of the harassment; it seldom makes awards for harm to your dignity and feelings.
  • Very few people end up being told by a board of inquiry that they were discriminated against and what happened to them was wrong. 
  • If you reach the hearing process stage, you may close the door to other legal options.
  • Even if the board awards you money or other things, that doesn’t mean you will necessarily get them. It can be hard to force your employer or the harasser to give you everything the board ordered, or what you agreed to in mediation.
  • Like in any legal process, your opponents will try to undermine your credibility and make you look bad. You could end up feeling disbelieved and unsupported.
  • Some psychologists believe it’s a bad idea for people who have experienced sexual harassment to get involved in any legal process. They say legal processes can slow down your ability to heal emotionally from what happened to you, because they keep you focused on the past. These experts believe that it can be healthier for the person who experienced harassment to put the past behind them and focus on their present and their future.

If your case goes ahead

While theoretically it is possible to proceed with a complaint representing yourself, this is very challenging, time consuming, and potentially harmful to your mental health. Your chances of success are much greater with legal help.

Here are some places that offer free or lower-cost legal services:

  • You can call the commission. The commission staff can provide some guidance throughout the process.
  • The Public Legal Education and Information Service of New Brunswick’s Legal Information Line may be able to provide you with general information about New Brunswick law, your options, and how a lawyer might help you.
  • Sexual Violence New Brunswick runs a support line (506-454-9437) for people who have been affected by sexual violence or harassment; it is open daily from 5 p.m. to 8 a.m.
  • 211 New Brunswick 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.

Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The Workers Compensation Board of Manitoba is an agency that operates “at arm’s length” from the government of Manitoba. It gives benefits and supports to people who’ve been injured at work. These can include replacement of lost wages, health care (including rehabilitation, counselling, and medications), and, in extreme situations, retraining.

Facts about the Workers Compensation Board

  • The WCB functions like an insurance provider. Employers pay premiums to the WCB for the people who work for them. As a result, those people are entitled to benefits if they suffer a workplace injury.
  • About 73% of Manitoba workers are covered by the WCB.
  • Approximately 32,000 claims are filed with the WCB every year. 
  • However, most claims are for physical injuries. A psychological injury must be an acute reaction to an event or series of events involving “direct exposure to actual or threatened violence or harm at a specific time.”
  • If your WCB claim is turned down, you can file an appeal, but most appeals are rejected.
  • Sources: Workers Compensation Board of Manitoba Annual Report 2023, Association of Workers’ Compensation Boards of Canada

If you’ve been harmed by sexual harassment at work, you might think the WCB will help you.

  • Maybe after you were harassed, you took time off work and so lost income.
  • Maybe the harassment damaged your mental health, and you ended up needing to spend money on medication for anxiety or depression.
  • Maybe the harassment had such an effect on you that you had to leave an industry and ended up needing to retrain for a new type of work in a different field. 

Those are the kinds of expenses—replacement of lost wages, medication costs, retraining costs—that the WCB often covers.

However, historically, the WCB has mostly handled claims related to physical injuries suffered by workers in male-dominated fields like construction, manufacturing, and uniform occupations like policing and firefighting. If you slip at work and break your ankle, or are struck by a falling object, or are injured in a fire or explosion: that is the kind of situation the WCB was designed for and has a lot of experience handling. 

It has less experience with mental health harms, which it classifies as psychological injuries, and sexual harassment seldom qualifies for coverage. 

Though we’re not saying don’t bother applying for WCB benefits, you should be aware that it’s unlikely your claim will be successful. If you want to pursue the claim after being denied, you’ll need to be prepared to go through an appeal process. Appealing can take a long time, and, of the few appeals that are heard, many are denied.

Important

Legally, if your employer is a WCB member, they are required to report any injuries that occur in their workplace. But really most are unlikely to do this in sexual harassment cases, because they often deny the harassment occurred or that it caused real harm.

Important

If you want to apply for disability insurance through your workplace provider, the insurer may require you to apply to the WCB first, and appeal if you are turned down.

Pros and cons of going to the WCB

Pros

  • It isn’t expensive or very complicated. 
  • WCB benefits can be generous. Wage replacement is up to 90% of your net salary.
  • Representing yourself is possible when first making a claim. But if your claim is denied, appealing is more complicated. There may be some legal resources to help if you still want to represent yourself.

Cons

  • The WCB doesn’t investigate or adjudicate whether you were sexually harassed. If you are looking for someone to tell you that you were sexually harassed, and to punish the harasser or your employer for allowing the harassment, the WCB won’t give you that.
  • You can’t apply to the WCB secretly. You must notify your employer about your injury right away, which means they will have information about your private health circumstances.
  • The WCB has a high rate of denying psychological injury claims.
  • If the WCB rejects your claim and you appeal, the appeal process may be lengthy.
  • You can’t apply to the WCB secretly. Your employer will know about your claim, which means they will have information about your private health circumstances.
  • Your employer will have the opportunity to dispute your claim. It’s very likely they will do this, in which case proving your case will be more difficult.
  • Your employer will be updated about any changes to your claim. That means they will continue to know about your personal health situation, even if you don’t work for them anymore.
  • To make a claim, a medical professional may have to say that you’ve suffered an injury. If you don’t have easy access to a medical professional who will do this, making a claim will be harder.

Psychological injury claims

The WCB awards benefits due to the injury you sustained, which in your case would be damaged mental health. Under the WCB guidelines, harassment is defined as:

  • objectionable conduct that creates a risk to the health of a worker, or
  • severe conduct that adversely affects the worker’s psychological or physical well-being.

Since 2023, the WCB has acknowledged that extreme stress due to an excessive workload over a long time can constitute a traumatic event. However, it won’t cover every kind of mental stress that arises at work. If you develop a mental health condition caused by your employer making changes to your shifts or other working conditions, for example, or firing you, or due to interpersonal conflicts that don’t involve harassment, you aren’t eligible to file a claim.

How to make a WCB application

First, you must decide if filing a claim with the WCB is the right choice for you. If you do choose to go to the WCB, you must notify your employer of your injury, then see a health-care professional. See How to Report an Injury page on the agency’s website as well as the Reporting an Injury brochure

To file a claim with the WCB, you must be employed in a business or industry that is covered by the Workers Compensation Act. About 78% of workers in Manitoba are included under the act.

For more information

A document on the WSB website describes how psychological injury claims are adjudicated, though it is not very reader-friendly.

Legal help

Representing yourself is possible when first making a claim. But if your claim is denied, appealing is more complicated. Here are some places that offer free or lower-cost legal services:

  • The Worker Advisor Office is an independent governmental agency that provides free and confidential services about workplace injuries and compensation to workers. This office can provide information, advice, and, possibly, help with representation throughout the WCB appeal process. It also has an extensive network of supports for injured workers and may be able to direct you to other organizations that can help.
  • The Community Legal Education Association offers a Law Phone-In and Lawyer Referral Program. The two lawyers on staff offer general legal information and advice. They can refer you to a lawyer, and the first interview (up to 30 minutes) is free.
  • The Legal Help Centre provides help to people who are not eligible for legal aid and whose gross family income is between $55,000 and $90,000, depending on family size. It offers legal information, summary advice, or referrals via telephone appointments.
  • 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.

For advice on hiring a lawyer, see How to find and work with a lawyer.


Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

WorkSafe NB is a provincial Crown corporation that gives benefits and supports to people who’ve been injured at work. These can include replacement of lost wages, health care (including rehabilitation, counselling, and medications), and, in extreme situations, retraining.

Facts about WorkSafeNB

  • WorkSafeNB functions like an insurance provider. Employers pay premiums to WorkSafe for the people who work for them. Those people are entitled to benefits if they suffer a workplace injury.
  • Because most employers legally have to belong to WorkSafe, 90% of New Brunswick workers are covered.
  • In 2023 roughly 5,200 claims were adjudicated by WorkSafeNB; 98% were accepted.
  • However, most claims are for physical injuries. The kind of mental stress injuries that are covered are “traumatic psychological injuries”—something a first responder might experience, for example. 
  • In 2023, about 225 TPI claims were accepted.
  • Almost 90% of TPI claims are made by public-sector workers.
  • Sources: WorkSafeNB Annual Report 2023, Association of Workers’ Compensation Boards of Canada, Tableau Public

If you’ve been harmed by sexual harassment at work, you might think WorkSafeNB will help you.

  • Maybe after you were harassed, you took time off work and so lost income.
  • Maybe the harassment damaged your mental health, and you ended up needing to spend money on medication for anxiety or depression.
  • Maybe the harassment had such an effect on you that you had to leave an industry and ended up needing to retrain for a new type of work in a different field. 

Those are the kinds of expenses—replacement of lost wages, medication costs, retraining costs—that WorkSafeNB often covers.

However, historically, WorkSafe has mostly handled claims related to physical injuries suffered by workers in male-dominated fields like construction, manufacturing, and uniform occupations like policing and firefighting. If you slip at work and break your ankle, or are struck by a falling object, or are injured in a fire or explosion: that is the kind of situation WorkSafe was designed for and has a lot of experience handling. 

But if the injury is to your mental health, WorkSafe only offers benefits and supports when you have suffered “traumatic mental stress,” which is very narrowly defined. Realistically, it’s extremely unlikely that if you apply for mental stress benefits, you’ll be successful. WorkSafe states that “workplace bullying/harassment/verbal abuse would not be considered traumatic unless it involved threat of death, serious injury or sexual violence.” 

Your options could include making a complaint to the Human Rights Commission or taking legal action. 


Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The British Columbia Human Rights Tribunal and what it does

The British Columbia Human Rights Tribunal is an administrative tribunal that deals with discrimination cases where you can file a formal complaint saying you’ve been sexually harassed. One law that protects you from discrimination is the British Columbia Human Rights Code. Sexual harassment under the code is discrimination based on sex. If your application falls within the commission’s jurisdiction, it will accept it.

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. Only 1% of complaints are resolved after a hearing. The tribunal emphasizes dispute resolution as a means of resolving complaints.

We’re not saying don’t make a complaint to the tribunal, 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 mediated could be right for you.

Facts about the British Columbia Human Rights Tribunal

  • Every year about 2,500 people file a complaint with the tribunal. Close to half of the complaints are dismissed at the screening stage. 
  • About 15% of people who file complaints at the tribunal say they have been discriminated against or harassed on the basis of their sex, sexual orientation, and/or gender identity or expression. 
  • After a complaint is filed with the tribunal, it takes a year or more for it to be screened. It can take the tribunal several more months to decide whether the complaint should be dismissed or make other preliminary decisions. If both parties agree to participate in mediation, it typically takes four months or more to schedule the mediation. 
  • Of complaints that are mediated, more than 60% are resolved.
  • In 2023-24, the tribunal made six decisions on complaints of sex-based discrimination. Five of those complaints were successful. 
  • Sources: British Columbia Human Rights Tribunal Annual Report 2023-24, BC Human Rights Tribunal, BC Human Rights Clinic

Why consider filing a complaint with the tribunal

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

  • It could be 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 your job back or get a reference for a new one.
  • 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 tribunal

To file a complaint for yourself you must complete Form 1.1. The tribunal’s website contains answers to frequently asked questions about the process. You’ll also find a video on the BC Human Rights Clinic’s website that offers detailed information about how to file a complaint

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 tribunal accept your application?

  • You have one year from when the harassment happened to file your application with the tribunal. 
  • You can file a complaint with the tribunal if you work in BC or if the harassment happened in BC, 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.
  • Even if the harassment happened outside BC, the tribunal may take your case if you work for a BC-regulated employer and you’re based in BC—for example, if the harassment happened while you were on a business trip outside of the province.
  • You will be notified within 60 days whether the tribunal will accept your complaint.
  • After you submit your complaint, the tribunal might decide that the harassment you faced doesn’t relate to a ground of discrimination under the code. In that case, your application will not proceed.

How mediation works

While both you and the respondent—the person your complaint is about—will be encouraged to participate in mediation, no one can be forced to do this. If you agree to the process, the tribunal will assign you a mediator. 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. Their goal is to try to reach a solution that both parties can approve so your case doesn’t have to go to a hearing. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act.

The mediator will not tell you what to do but they can explain the strengths and weaknesses of your case and what the tribunal might decide if your case goes to a hearing. However, if both you and the respondent agree, you can allow the mediator to decide your case.

Mediation may occur in person or by telephone; if you live outside Victoria or Vancouver, it’s likely your meeting will be by phone.

For more information

The tribunal’s website includes a page with answers to frequently asked questions about the mediation process and another about preparing for mediation. On the BC Human Rights Clinic’s site you’ll find a fact sheet on mediation.

Pros and cons of mediation

Pros

  • The mediation process is free.
  • Many people participate in mediation without a lawyer, although it’s quite likely the respondent will have one.
  • Mediation can be less stressful and simpler than a hearing. It doesn’t involve gathering evidence, calling witnesses, or testifying.
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Reaching a settlement through mediation is faster than a hearing, which could take years to happen.
  • More creativity is possible in mediation. For example, you can’t ask for an apology in a hearing.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, the complaint process continues.

Cons

  • Mediation doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You may not be able share details of any mediated settlement you reach—the outcome is often confidential.
  • You will likely not get everything you ask for—you have to be ready to compromise. 

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.
  • Your job back or a reference letter.
  • 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 mediated settlements are private. We do know that in a number of cases the 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, the types of monetary awards when sexual harassment cases are decided at hearings are a guide. A chart on the BC Human Rights Clinic site lists the result of hearings that involved workplace sexual harassment. In addition to compensation for lost wages, recent financial awards for injury to dignity ranged from $15,000 to $100,000. However, there aren’t very many big awards, and they happen when the harassment was particularly bad and went on for a long time. 

Beyond mediation

If mediation is not successful then there are a number of steps that you must take in order to move toward a hearing. The first thing you must do is disclose all the documents you have that relate to your case—see Document everything. After this stage, the tribunal has the power to dismiss your complaint, although this uncommon. 

The BC Human Rights Clinic site contains detailed information about what to expect next if mediation fails. 

The tribunal may schedule a case conference where all parties discuss the hearing and try to simplify what comes next. It can be scheduled anytime leading up to the hearing. The case conference includes you (if you’re self- or partially self-representing), the respondents, any lawyers involved, and a case manager or registrar from the BCHRT. Most case conferences are run by case managers. Case conferences usually happen by phone.

Pros and cons of your case being decided at a hearing

Pros

  • The tribunal has expertise in harassment. All it does is handle complaints of discrimination, including harassment.
  • The tribunal has the power to say that, yes, you were harassed, and that what happened to you was wrong.
  • The tribunal can order many different remedies. It can award you money. If you were fired or had to quit because of the harassment, it can order your employer to give you your job back or compensate you for lost wages. 
  • If you go to civil court instead of the tribunal, you might end up having to pay the other party’s legal costs if you lose your case. With the tribunal process that can’t happen. You will never end up needing to pay the other party’s legal costs.

Cons

  • It can take years for a hearing to be held.
  • If you hire a lawyer to represent you, that will be expensive. If you don’t hire a lawyer, your chances of success are much lower.
  • People who represent themselves at the tribunal are less likely to have their complaints found justified.
  • Very few people end up being told by the tribunal that they were harassed and what happened to them was wrong—in the last three years, fewer than half a dozen.
  • Tribunal financial awards are fairly small, generally well under $30,000. The amount of an award is affected by how severe the harassment was and how long it went on. And remember, with most tribunal cases, people don’t end up receiving any money at all.
  • Even if the tribunal awards you money or other things, that doesn’t mean you will necessarily get them. It can be hard to force your employer or the harasser to give you everything the tribunal ordered.
  • Like in any legal process, your opponents will try to undermine your credibility and make you look bad. You could end up feeling disbelieved and unsupported.
  • Some psychologists believe it’s a bad idea for people who have experienced sexual harassment to get involved in any legal process. They say legal processes can slow down your ability to heal emotionally from what happened to you, because they keep you focused on the past. These experts believe that it can be healthier for the person who experienced harassment to put the past behind them and focus on their present and their future.

If your case goes ahead

While theoretically it is possible to proceed with a complaint representing yourself, this is very challenging, time consuming, and potentially harmful to your mental health. Your chances of success are much greater with legal help.

Here are some places that offer free or lower-cost legal services:

  • The BC Human Rights Clinic provides free legal advice on human rights cases in some situations. If you have a complaint that has been accepted by the tribunal and need legal help, apply within 30 days of receiving notification. The clinic might be able to help you at the mediation or the hearing, depending on your circumstances. What the clinic will be able to give you is decided on a case-by-case basis. The clinic also has an inquiry line that you can call for general information about the Human Rights Code and the tribunal process, and a comprehensive listing of other sources of legal help.
  • Stand Informed provides up to three hours of free legal advice to people who have been sexually assaulted. 
  • You can contact Access Pro Bono for up to 30 minutes of free legal advice if you have a low to modest income. The lawyers can provide advice on how to navigate the tribunal process. Access Pro Bono also offers a lawyer referral service.
  • Justice Net 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 of more people in your family and be experiencing financial difficulties. Participating lawyers’ reduced rates vary depending on your family size and income.
  • 211 British Columbia 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.

Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The Northwest Territories Human Rights Commission and Human Rights Adjudication Panel and what they do

If you’ve been sexually harassed, you may be able file a formal complaint with the Northwest Territories Human Rights Commission. One law that protects you from discrimination is the NWT’s 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. Commission staff encourage parties to reach a settlement through dispute resolution; 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 (HRAP). 

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. The last time the HRAP ruled on a case involving sexual harassment was 2008. The commission emphasizes dispute resolution as a means of resolving complaints.

We’re not saying don’t make a complaint to the commission, but it’s extremely 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 mediation process could be right for you.

Facts about the NWT Human Rights Commission and HRAP

  • Of the 26 new complaints to the commission in 2023-24, one involved discrimination on the basis of sex.
  • The majority of complaints to the commission never get decided by the HRAP. In 2023-24, the panel issued no interim or final decisions; in 2022-23 it issued six decisions, none of which involved workplace sexual harassment. Roughly 65% of complaints are resolved through mediation. Most of the remainder are dismissed or withdrawn.
  • It can take two years or more for complaints to be heard by the HRAP.
  • Sources: NWT Human Rights Commission 2023-24 Annual Report, NWT Human Rights Adjudication Panel.

Why consider filing a complaint with the commission

  • 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, like 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

The first step is a conversation with a human rights officer, who will listen to your story and help you fill out the complaint form. The executive director will review your complaint to see if it meets the criteria of discrimination. The complaint process and instructions are outlined on the commission’s website.

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 two years from when the harassment happened to file your complaint with the commission. If the harassment happened more than once, the deadline is two years from the last incident of harassment. 
  • You can file a complaint with the commission if you work in the Northwest Territories or if the harassment happened in the Northwest Territories, 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.
  • If your complaint doesn’t fall under the Human Rights Act, you may be referred to another agency for help. 

How dispute resolution works

If the executive director accepts your complaint, it will be sent to the respondent—the person your complaint is about—and they will then have a chance to discuss it with the human rights officer. At this stage a facilitator will be assigned to try to resolve your complaint through mediation. 

The facilitator will set up individual meetings with you and the respondent in which everyone can share information and state their key issues, then will schedule a resolution conference. This could take place in person in Yellowknife or by telephone or video conference. Getting to this stage takes about six months.  

Facilitators 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. Their goal is to try to reach a solution that both parties can agree to so your case doesn’t have to go to the adjudication panel. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act.

For more information

The commission’s website includes a brochure about the restorative dispute resolution process.

Pros and cons of dispute resolution

Pros

  • The dispute resolution process is free.
  • You don’t need a lawyer to participate. 
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Reaching a settlement is faster than a hearing and more likely to happen than reaching the hearing stage.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, your complaint will go on to the investigation stage.

Cons

  • The settlement process doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You must sign an agreement to keep the terms of a settlement confidential.
  • You may not get everything you ask for—you have to be ready to compromise. 

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 dispute resolution are private. However, we know that in a number of cases agreements don’t involve money at all; instead, the respondents agree to do things like take human rights training or create a human rights policy that all managers have to be trained about. The types of monetary awards for emotional harm when cases are decided by the HRAP are a guide. In recent years these have been between $5,000 and $10,000, though none have involved sexual harassment.

If dispute resolution isn’t successful 

Complaints that aren’t resolved in dispute resolution may then go to the investigation stage. This involves a human rights officer—not the same person as the mediator—speaking to people who might have relevant information and your providing the investigator with evidence about the harassment you experienced. See Document everything. The investigator does not check whether what they are told is correct—they take the information at face value. They then draft an investigation report.

You and the respondent can read the draft report and suggest changes. The final report is given to the executive director, who decides whether to dismiss the case or refer it to the panel for adjudication. Sexual harassment cases very seldom reach this point. 

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 to talk about your options. 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 Legal Aid Commission provides legal aid and legal aid outreach clinics to people who can’t afford a lawyer. You can contact Legal Aid by calling 1-867-767-9361 or 1-844-835-8050 toll-free.
  • Justice Net 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.
  • Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.

Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

WorkSafeBC is an independent B.C. provincial agency that gives benefits and supports to people who’ve been injured at work. These can include replacement of lost wages, health care (including rehabilitation, counselling, and medications), and help getting back to work.

Facts about WorkSafeBC

  • WorkSafeBC functions like an insurance provider. Employers pay premiums to WorkSafe for the people who work for them. As a result, those people are entitled to benefits if they suffer a workplace injury.
  • About 95% of B.C. workers are covered by WorkSafeBC.
  • Every year, about 145,000 to 150,000 workers in B.C. file a WorkSafeBC claim. WorkSafeBC approves more than 90% of those claims.
  • However, most claims are for physical injuries. Fewer than 2% of injury claims are for psychological injury only. A total of 2,200 of these claims were approved in 2023. 
  • In 2022 1,500 mental disorder claims were disallowed.
  • Mental disorder claims made by workers such as correctional officers, paramedics, firefighters, police officers, emergency-response dispatchers, health-care personnel and other first responders are approved almost all the time.
  • Sources: WorkSafeBC Annual Report 2023, WorkSafeBC Facts & Figures, Association of Workers’ Compensation Boards of Canada

If you’ve been harmed by sexual harassment at work, you might think the WorkSafeBC will help you. 

  • Maybe after you were harassed, you took time off work and so lost income.
  • Maybe the harassment damaged your mental health, and you ended up needing to spend money on medication for anxiety or depression.
  • Maybe the harassment had such an effect on you that you had to leave an industry and ended up needing to retrain for a new type of work in a different field. 

Those are the kinds of expenses—replacement of lost wages, medication costs, retraining costs—that WorkSafeBC often covers.

However, historically, WorkSafeBC has mostly handled claims related to physical injuries suffered by workers in male-dominated fields like construction, manufacturing, and uniform occupations like policing and firefighting. If you slip at work and break your ankle, or are struck by a falling object, or are injured in a fire or explosion: that is the kind of situation WorkSafeBC was designed for and has a lot of experience handling. It has less experience with mental health claims, which it classifies as psychological injuries and the turndown rates for these are very high.

Though we’re not saying don’t bother applying for WorkSafeBC benefits, you should be aware that it’s likely your claim will not be successful. If you want to pursue the claim after being denied, you’ll need to be prepared to go through an appeal process. Appealing can take a long time, and, of the few appeals that are heard, many are denied.

Important

Legally, if your employer is a WorkSafeBC member, they are required to report any injuries that occur in their workplace. But really most are unlikely to do this in sexual harassment cases, because they often deny the harassment occurred or that it caused real harm.

Important

If you want to apply for disability insurance through your workplace provider, the insurer may require you to apply to WorkSafeBC first, and appeal if you are turned down.

Pros and cons of going to WorkSafeBC

Pros

  • It isn’t expensive or very complicated. 
  • WorkSafeBC benefits can be generous. Wage replacement is up to 90% of your net salary.
  • You submit your claim directly to WorkSafeBC. No need to wait for your employer to investigate.
  • Representing yourself is possible when first making a claim. But if your claim is denied, appealing is more complicated. There may be some legal resources to help if you still want to represent yourself.

Cons

  • WorkSafeBC doesn’t investigate or adjudicate whether you were sexually harassed. If you are looking for someone to tell you that you were sexually harassed, and to punish the harasser or your employer for allowing the harassment, WorkSafeBC won’t give you that.
  • WorkSafeBC has a high rate of denying mental disorder claims.
  • If WorkSafeBC rejects your claim and you appeal, the appeal process may be lengthy.
  • You can’t apply to WorkSafeBC secretly. Your employer will know about your claim, which means they will have information about your private health circumstances.
  • Your employer will have the opportunity to dispute your claim. It’s very likely they will do this, in which case proving your case will be more difficult.
  • Your employer will be updated about any changes to your claim. That means they will continue to know about your personal health situation, even if you don’t work for them anymore.
    To make a claim, you will need a medical professional to say that you’ve suffered an injury.

Mental disorder claims

WorkSafeBC awards benefits due to the injury you sustained, which in your case would be damaged mental health. There are two types of psychological injuries that WorkSafeBC covers:

“A significant work-related stressor, or a cumulative series of significant work-related stressors, arising out of and in the course of employment.” Being repeatedly sexually harassed by a co-worker might lead to this type of injury.

“A reaction to one or more traumatic events arising out of and in the course of employment.” Examples might be witnessing the death of or severe injury to a colleague or being physically threatened yourself at work. It’s not likely this type of claim fits your situation. 

WorkSafeBC won’t cover every kind of mental disorder that arises at work. If you develop a mental health condition caused by your employer making changes to your shifts or other working conditions, for example, or firing you, or due to interpersonal conflicts that don’t involve harassment, you aren’t eligible to file a claim.

How to make a WorkSafeBC application

First, you must decide if filing a claim with the WCB is the right choice for you. If you choose to go to WorkSafeBC to report injury arising from sexual harassment or sexual assault, you must call Teleclaim at 1-604-231-8888 or 1-888-967-5377. You will then be provided with specific assistance.

To file a claim with the WCB, you must be employed in a business or industry that is covered by the Workers Compensation Act. About 95% of workers in B.C. are included under the act.

For more information

The WorkSafeBC website includes a fact sheet answering frequently asked questions about mental health condition claims as well as a page describing what’s involved in qualifying and the possible benefits of a successful claim.

Legal help

Representing yourself is possible when first making a claim. But if your claim is denied, appealing is more complicated. Here are some places that offer free or lower-cost legal services:

  • The Workers’ Advisers Office is a branch of the Ministry of Labour that provides free and confidential services about workplace injuries and compensation to non-unionized workers. This office can provide information and advice throughout the WorkSafeBC process. In some cases, it can help with representation during appeals. It also has an extensive network of supports for injured workers and may be able to direct you to other organizations that can help.
  • The Community Legal Assistance Society (CLAS), which serves low- to middle-income people, may be able to help if your appeal to the Workers Compensation Appeal Tribunal is unsuccessful. To start the process, complete the online intake form.
  • Access Pro Bono has a free lawyer referral service for low- or modest-income individuals who are not eligible for legal aid. Its Everyone Legal Clinic can connect you with an articling student for low-cost assistance.  
  • The Law Students’ Legal Advice Program assists low-income individuals who live in the Greater Vancouver Area. It can provide you with advice on WorkSafeBC matters.
  • The Respect at Work Legal Clinic, a project of the Migrant Workers Centre, provides free legal advice to newcomers to Canada (regardless of status) about WorkSafeBC claims.
  • 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.

For advice on hiring a lawyer, see How to find and work with a lawyer.


Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

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.

Facts about the Yukon Human Rights Commission

  • Every year, about 10 to 15 people file a complaint with the commission saying they have been discriminated against or harassed on the basis of their sex, sexual orientation, gender identity and/or gender expression.
  • About half the roughly 100 complaints made to the commission each year are accepted. 
  • Complaints accepted by the commission almost never get decided by the YHRPA. They are either settled in mediation, abandoned, withdrawn, or dismissed. 
  • The complaint process on average takes about two and half years. 
  • Sources: Yukon Human Rights Commission Annual Report 2023-24, Yukon Human Rights Commission.

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

Pros

  • Participating in the settlement process is free.
  • Many people participate in mediation without a lawyer.
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Reaching a settlement is faster than a hearing and more likely to happen than getting to the stage.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, you still may have the option of a hearing. However, this is unlikely to happen.

Cons

  • The settlement process doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You may not be able to share details of any settlement you reach if what you agreed to includes a confidentiality clause, which most do.
  • You may not get everything you ask for—you have to be ready to compromise. 

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.

Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The Yukon Workers’ Safety and Compensation Board is an organization that gives benefits and supports to people who’ve been injured at work. These benefits can include replacement of lost wages, coverage of health care costs, and permanent impairment awards. The WSCB is governed by the Workers’ Safety and Compensation Act.

Facts about the Workers’ Safety and Compensation Board

  • The Workers’ Safety and Compensation Board functions like an insurance provider. Employers pay premiums to the WSCB for the people who work for them. As a result, those people are entitled to benefits if they suffer a workplace injury and employers are immune from being sued in civil court in relation to those injuries. 
  • About 96% of Yukon workers are covered under the Workers’ Safety and Compensation Act.
  • Every year, about 900 claims are filed with the WSCB by Yukon workers. Of those, roughly 25% are ruled ineligible.
  • Only injuries due to post-traumatic stress disorder or involvement in a traumatic event are covered by the WSCB.
  • Sources: Workers’ Safety and Compensation Board Annual Report 2023, Association of Workers’ Compensation Boards of Canada

If you’ve been harmed by sexual harassment at work, you might think the WSCB will help you. 

  • Maybe after you were harassed, you took time off work and so lost income.
  • Maybe the harassment damaged your mental health, and you ended up needing to spend money on medication for anxiety or depression.
  • Maybe the harassment had such an effect on you that you had to leave an industry and ended up needing to retrain for a new type of work in a different field.

Those are the kinds of expenses—replacement of lost wages, medication costs, retraining costs—that the WSCB often covers.

However, historically, the WSCB has mostly handled claims related to physical injuries suffered by workers in male-dominated fields like construction, manufacturing, and uniform occupations like policing and firefighting. If you slip at work and break your ankle, or are struck by a falling object, or are injured in a fire or explosion: that is the kind of situation the WSCB was designed for and has a lot of experience handling.

But if the injury is to your mental health, the WSCB only offers benefits and supports when you have experienced post-traumatic stress disorder or a “traumatic event,” which it defines as “exposure to actual or threatened death, serious injury or violence.” The WSCB states that “mental stress is not considered to be a work-related injury.”

Your options could include making a complaint to the Human Rights Commission or taking legal action.


After experiencing sexual harassment, it’s understandable if you feel angry.

Anger is your mind and body telling you that something is wrong. And that’s true. The sexual harassment you experienced and any difficulty afterward are wrong and unfair.

Anger is neither positive or negative. It’s not right or wrong to feel anger. Rather, it’s a signal that you are not okay with something that is happening. It makes total sense as a response to sexual harassment.

Besides feeling anger toward the person who sexually harassed you, you may also be angry at others, like your employer, co-workers, or the company you work for. You may be angry at your community, the media, or the legal system for believing the harasser over you. You may also get angry at yourself, blaming yourself for what happened.

Anger happens when we feel a need to protect ourselves. There can be a lot of other complex emotions underneath our anger, like feeling disappointed, hurt, lonely, misunderstood, scared, embarrassed, worried, ashamed, guilty, or sad. Sometimes, especially if we think of ourselves as being strong, it may be easier to get angry than feel those other more vulnerable emotions.

It’s possible to have misdirected anger, where the person or thing you’re upset with isn’t the actual reason for your pain. Most often, the people who are the targets of our misdirected anger are the people who are the safest to do that with. So, when you feel unsafe at work, you may find yourself yelling at people at home. If you have a loved one who is always there for you, you may get angry with them. This happens because you know they’ll stand by you or forgive you. It’s important to recognize when this is happening so you can stop yourself from taking out your anger on the wrong person.

Understanding your anger 

Here are some of the things you may be thinking when you’re angry:

  • How could they do this to me?
  • People are always going to hurt me!
  • I hate them!
  • Why did I ever trust them?
  • The system is broken; it only helps the rich and powerful
  • What is wrong with them?
  • What is wrong with me?
  • No one ever helps me!
  • They are all idiots!
  • It’s not fair!
  • I want to punch somebody!
  • People are out to get me.

These thoughts are totally understandable. It makes sense to feel violated by sexual harassment, and to be furious about it.

There can be a lot of ways we show (or don’t show) our anger. Usually, they’re a sign of what we’ve learned about feeling angry.

Were you taught as a kid that it’s wrong to be angry? Did adults in your life ignore their anger and pretend everything was fine? Did you think you had to explode and lash out in order to be taken seriously? Were you taught that powerful people feel angry and weak people feel sad? Recognizing these lessons can help you decide what patterns you want to continue and what changes you want to make.

The truth is that anger doesn’t feel good. It’s designed to be uncomfortable because it’s our body’s way of pushing us to protect ourselves in some way. Because it’s so uncomfortable, we often want to move away from the angry feelings as quickly as possible. This is why you may need to take a moment before reacting. But remember that’s different from bottling up your anger. It’s important to not ignore your anger—it’s telling you something and it needs your attention.

Although your anger is justified, you may be upset with yourself for feeling this way. That’s right—you can get angry at yourself for being angry! A lot of times, others tell us or we tell ourselves not to get angry or that it’s wrong to do that. Anger can be very uncomfortable. Despite this, there is nothing wrong with feeling angry, so long as you remain safe and refrain from hurting yourself or others.

There are people who never feel angry, while there are others who always feel angry. If you rarely feel anger, it can be helpful to give yourself permission to recognize, express, and connect with your anger. If, however, you always feel angry, odds are that you are also someone who feels a lot of hurt and pain. Anger is most often a result of three possible things:

  • feeling hurt
  • not having your expectations met
  • not having your needs met

If you are “always” angry, chances are that all three of these experiences are familiar.

From the Mayo Clinic: Anger management: 10 tips to tame your temper

It can take time to process your feelings of anger. It can require you to adjust your perspective about what you know about others and how things work.

Sometimes the anger you feel toward the person who sexually harassed you is overshadowed by feelings of betrayal because of the way people you turn to for support let you down. Not having people there to understand and help you can feel like an ultimate betrayal. If this is your experience, it makes sense that your feelings of anger and betrayal would be strong.

What can help

  • Try to not judge your feelings as “good” or “bad.” Instead, try to be mindful about what your anger is telling you.
  • If you’re feeling upset, give yourself time to cool off. If possible, step away from the situation, go for a walk, listen to music, or talk to a close friend. Take more than a couple of minutes for this—it can take anywhere from 20 to 45 minutes to start to calm down after getting angry. Try to give yourself that time.
  • Pay attention to early signs of anger (like a tight jaw or feeling warmer). When you recognize it earlier, you’re better able to address things before you feel full-blown rage. Still, anger can happen very quickly. If you suddenly feel a 10 out of 10 anger, remember that your job right then is to focus on calming yourself down. If you can get to a six or seven out of 10 you can start to think more clearly. Then you can explore what you’re needing.
  • Ask yourself what other emotions you are feeling underneath the anger. Often these help you to understand needs that are going unmet. Feeling misunderstood shows you need understanding. Feeling scared means you need reassurance and safety. Feeling alone means you need human connection.
  • Watch out for “should” statements—those thoughts you have about how you should feel, think, or act. These mean you’re judging yourself against the (false!) idea that there’s a “right” way to be.
Important

Recognize the difference between healthy and destructive anger. It’s never wrong to feel the emotion of anger, but our actions when angry can range from being helpful to causing extra pain and suffering.

  • Allow yourself the space and time to feel your anger, betrayal, and pain. Talking to someone who is understanding and nonjudgmental can be helpful. If you do this, be sure to clarify when you want emotional support and when you want problem-solving. Most often people assume that you want them to offer suggestions or find a way to quickly change how you’re feeling. In reality, though, it’s more common to just want to be heard and understood. Here’s bestselling author Brené Brown the difference between sympathy and empathy.
  • Anger can also be a helpful alert that something is wrong or unjust, which can motivate us to seek justice in some way. You may decide to report the harassment or take legal action, even if you’re unsure what will come from doing this. So, document everything from the very beginning, even if you don’t think you’re going to use it for anything.

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