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If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

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

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

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

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

Does the Human Rights Act apply in your situation?

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

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

The Human Rights Act doesn’t apply to federally regulated workplaces such as post offices, banks, radio and TV operations, and airlines and airports. People in those industries are protected by the Canada Labour Code.

If you aren’t sure if the Human Rights Act applies to you, you can contact the Nova Scotia Human Rights Commission to ask.

Does the Human Rights Act cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace if it is related to your work.

If you’re sexually harassed at a work event, while you’re working at home or online, while you’re travelling for your job, or even if a co-worker harasses you in a social setting outside of work hours, your employer is responsible for taking steps to ensure your safety.

What does the Human Rights Act require from an employer?

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

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

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

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace harassment policy and procedure, if one exists. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

How to report

Once you’ve picked whom you’re going to report to, make an appointment with them. Try not to just drop by: it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and ideally face-to-face, not just in writing. Bring something you’ve written and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you. If you have records, like emails or texts from your harasser that support your complaint, you should bring copies with you. This can help ensure that your complaint is taken seriously.

What happens after you report

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

  • The investigator can be someone from within the workplace or outside it.
  • They are supposed to be objective. Not on your side or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy and procedure, if there is one.

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

If the investigation costs any money (like for a translator, if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as sexual harassment. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved toward you since then.

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you, although it’s up to your employer whether to allow a support person to attend. If you require accommodations at the meeting—for example, a translator—you should ask for them, ideally beforehand.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant. See Document everything.

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you don’t understand a question or aren’t sure what the investigator is asking for, then you can ask for it to be repeated or rephrased.
  • It’s okay to tell the investigator if you don’t know the answer to a question, or if you need to check something (your notes, your text messages, etc.) before you can respond.
  • If the investigator asks you questions about a document or other evidence, it’s okay to take your time to read through the document before answering questions about it.
  • It is always okay to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you are afraid the harasser will get other people to gang up on you for reporting them.
  • You likely won’t be allowed to record your interview. The interviewer may record the interview, but they should keep the recording confidential.
  • You can bring notes or other documents into the meeting, but you should know that the investigator might ask to see your notes and take copies of anything you bring to the meeting. So if there’s anything you don’t want the investigator to see, you should leave it at home.
  • You can ask the investigator for their email or phone number, in case you remember something later that you want to pass along to them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

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

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

If that happens, you can contact your union, someone else in management, or the Nova Scotia Human Rights Commission.

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it, and the parties to the investigation (you, the respondent, and any witnesses) are supposed to keep the information confidential.

But it’s actually very common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report.

What if I get punished for reporting?

Although it shouldn’t happen, getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker, or a problem, or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them. See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over

The investigation report tells the employer whether the investigator thinks sexual harassment happened.

Your employer must inform you and the harasser about the results of the investigation. This can be verbally or in writing. They don’t have to give you a copy of the investigator’s report or ask your opinion about what they should do. If they end up punishing the harasser, they may or may not tell you about it. So you may never know what, if anything, happened to your harasser.

Your employer may address the issue differently, such as changing your work situation with your consent, offering dispute resolution, or negotiating compensation. Settlement agreements often include non-disclosure clauses.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their duties under the Human Rights Act. Here are some things you might do. First, though, consider consulting a lawyer.

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

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

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

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

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

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

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

Does the OHSA apply in your situation?

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

The OHSA covers most workers. That includes:

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

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

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

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

Does the OHSA cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace. The harassment must have occurred at a work-related site or event. This means any place where you might be working, or doing something related to your work. 

If you’re sexually harassed at a work event, while you’re working at home or online, or while you’re travelling for your job, your employer is responsible for taking steps to ensure your safety.

What does the OHSA require from an employer?

The OHSA Workplace Harassment Regulations require an employer who knows or ought reasonably to know that harassment in the workplace is occurring to ensure that the source of the harassment is identified and the harassment stopped, and that reasonable steps are taken to remedy the effects of the harassment, and to prevent or minimize future incidents of harassment.

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

The OHSA regulations also require the employer to have a policy to prevent and investigate harassment in the workplace. 

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

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

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

See a sample workplace harassment policy (page 13).

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace sexual harassment policy. It might be called something else, like a human rights policy, a respectful workplace policy, or a bullying and harassment policy. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

How to report

Once you’ve picked to whom you’re going to report, make an appointment with them. Try not to just drop by; it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and, ideally, face-to-face, not just in writing. But if you want, you can bring something you’ve written and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you.

What happens after you report

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

  • The investigator can be someone from within the workplace or outside it.
  • They are supposed to be objective and neutral. Not on your side, or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy.
  • They are supposed to understand the OHSA Workplace Harassment Regulations and other applicable laws.

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

If the investigation costs any money (like, for a translator, if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as sexual harassment under the OHSA Workplace Harassment Regulations and ESA definitions. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

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

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

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

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

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you, provided they are not a witness. If you require accommodations at the meeting—for example, a translator—you should ask for them.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting. See Document everything.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant.

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
  • It is always okay for you to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you’re afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

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

What if the investigator seems biased?

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

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

If that happens, you can contact the Occupational Health and Safety Division of the Workers Compensation Board. Or you can contact your union or workplace health and safety rep.

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually very common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report. Or you can report it to the Workers Compensation Board of PEI.

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is, people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker, or a problem, or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them. See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over

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

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

Your employer isn’t required to follow any of the investigator’s recommendations. They also don’t have to ask your opinion about what they should do. If they end up punishing the harasser, they may or may not tell you about it.

Your employer may address the issue differently, such as changing your work situation with your consent, offering dispute resolution, or negotiating compensation. Settlement agreements often include non-disclosure clauses.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their duties under the Occupational Health and Safety Act, Employment Standards Act, and the Human Rights Act. Here are some things you might do. First, though, consider consulting a lawyer. 

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

What is the OHSA, who does it protect, and what does it require from employers?

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

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

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

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

Your employer has responsibilities under all these laws.

Does the OHSA apply in your situation?

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

The OHSA covers most workers. That includes:

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

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

These are the exceptions of people working in Newfoundland and Labrador who aren’t covered by the OHSA:

  • The OHSA doesn’t apply to federally regulated workplaces such as post offices, banks, radio and TV operations, and airlines and airports. People in those industries are protected by the Canada Labour Code.
  • The OHSA doesn’t apply to volunteers. (But that doesn’t mean volunteers can’t report sexual harassment; they absolutely can. It just means the employer may not be obligated to carry out a full investigation.)

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

Does the OHSA cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace as long as it was work-related.

If you’re sexually harassed at a work event, while you’re working at home or online, while you’re travelling for your job, or even if a co-worker harasses you in a social setting outside of work hours, your employer is responsible for taking steps to ensure your safety.

What does the OHSA require from an employer?

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

The harassment prevention plan should include:

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

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

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

See a sample harassment prevention plan (page 18).

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace harassment policy. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first if you feel safe to do so.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

How to report

Once you’ve picked whom you’re going to report to, make an appointment with them. Try not to just drop by; it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and, ideally, face-to-face, not just in writing. Bring something you’ve written and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you. Your employer’s policy may also contain a complaint form where you can provide the details. 

What happens after you report

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

  • The investigator can be someone from within the workplace or outside it.
  • They are supposed to be objective and neutral. Not on your side, or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment plan.
  • They are supposed to understand the OHSA and its regulations.

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

If the investigation costs any money (like, for a translator, if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as workplace harassment under the regulations’ definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they shouldn’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

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

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you where your workplace harassment policy permits. If you are a member of a union, your union representative can attend with you if you would like them to. If you require accommodations at the meeting—for example, a translator—you should ask for them.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant. See Document everything.

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
  • It is always okay for you to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you’re afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

What if the investigator seems biased?

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

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

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

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually very common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report and provide support to you. Or, you can report it to the Occupational Health and Safety Division.

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker, or a problem, or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them. See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over

The investigation report tells the employer whether the investigator thinks sexual harassment happened. If the employer asks, it may provide recommendations about what they can do to keep the workplace safe from sexual harassment in the future.

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

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

Your employer isn’t required to follow any of the investigator’s recommendations, even if they requested them. They also don’t have to ask your opinion about what they should do. If they end up punishing the harasser, they may or may not tell you about it.

Your employer may choose to resolve issues with you in other ways. They may agree to make changes in your working situation—only if you agree; otherwise, that could be a reprisal. They may ask you to participate in an alternative dispute resolution or negotiate with you to give you some compensation in exchange for your not taking legal action. Usually, if you make this kind of agreement, the employer also makes you agree to not talk publicly by signing a non-disclosure agreement about any of the details of the incident and the settlement.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their responsibilities under the OHSA and the Human Rights Act. Here are some things you might do. First, though, consider consulting a lawyer 

If your work environment has gotten worse, it may seem poisoned, creating intolerable employment conditions. You may be able to claim constructive dismissal. See How to decide whether to take legal action (and what to expect if you do).

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

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

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

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

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

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

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

Your employer has responsibilities under all these laws.

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

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

The SEA and OHSR cover most workers. This includes:

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

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

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

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

Does the OHSR cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace if there is a connection to work.

If you’re sexually harassed at a work event, while you’re working at home or online, while you’re travelling for your job, or, in some circumstances, even if a co-worker harasses you in a social setting outside of work hours, your employer may be responsible for taking steps to ensure your safety.

What does the OHSR require from an employer?

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

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

See two sample workplace harassment policies.

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

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace sexual harassment policy. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

How to report

Once you’ve picked whom you’re going to report to, make an appointment with them. Try not to just drop by; it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

Bring something you’ve written and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you. Keep a written record of what you report, when you report, and to whom you report. A written complaint can also be used as evidence if there is ever a dispute over whether you did actually report the harassment and when.

What happens after you report

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

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

The investigation is supposed to start quickly and finish in 90 days or less. Some investigations may only take a day, while others may take months.

If the investigation costs any money (like, for a translator, if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

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

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you. If you require accommodations at the meeting—for example, a translator—you should ask for them.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting. See Document everything.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant.

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
  • It is always okay for you to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you’re afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

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

What if the investigator seems biased?

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

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

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

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually very common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report. Or you can report it to the Ministry of Labour Relations and Workplace Safety, Occupational Health and Safety Division.

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker, or a problem, or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them. See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over

The investigation report tells the employer if sexual harassment occurred and recommends actions to ensure workplace safety. If the harasser is an employee, the investigator may suggest firing, transferring, suspending, or reprimanding them. They may also recommend workplace changes, such as shift adjustments, policy updates, or education.

Employers aren’t required to follow the investigator’s recommendations or consult you on their decisions. If they punish the harasser, they may not inform you.

Your employer may address the issue differently, such as changing your work situation with your consent, offering dispute resolution, or negotiating compensation. Settlement agreements often include non-disclosure clauses.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their duties under the Saskatchewan Employment Act, the Occupational Health and Safety Regulations and the Human Rights Code. Here are some things you might do. First, though, consider consulting a lawyer.

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

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

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

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

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

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

Your employer has responsibilities under all these laws.

Does the OHS Act apply in your situation?

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

The OHS Act covers most workers. That includes:

  • employees
  • volunteers
  • self-employed people

Who in Alberta is not covered by the OHS Act?

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

  • The OHS Act doesn’t apply to federally regulated workplaces such as post offices, banks, radio and TV operations, and airlines and airports. People in those industries are protected by the Canada Labour Code.
  • The OHS Act doesn’t apply to students who are on an educational work placement and are unpaid.
  • The OHS Act also doesn’t apply to a farm and ranch owner, a family member of the owner, or an unpaid individual working on a farm or ranch.

If you aren’t sure if the OHS Act and OHS Code apply to you, you can call the OHS Contact Centre at 1-866-415-8690 for urgent or emergency situations; for non-emergencies, you can ask a question or file a complaint online.

Does the OHS Act or OHS Code cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace.

If you’re sexually harassed at a work event, while you’re working at home or online, or while you’re travelling for your job, your employer is responsible for taking steps to ensure your safety.

What do the OHS Act and OHS Code require from an employer?

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

The OHS Act and OHS Code require the employer to have a sexual harassment prevention policy and plan. 

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

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

See a sample workplace harassment policy and plan.

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace sexual harassment policy. It might be called something else, like a human rights policy, a respectful workplace policy, or a bullying and harassment policy. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

Where to get help and advice

If you belong to a union, there will be a collective agreement that outlines the contract between the union and employer. You can think of your union as an advocate for safe and healthy workplaces. Its job includes protecting members from things like abuse, harassment, and discrimination. If your employer is not following the collective agreement, your union can make a complaint, called a grievance. See Working with your union.

The Workers’ Resource Centre is an advocacy agency that offers free information, assistance, and referrals on a wide variety of employment issues, including workplace sexual harassment. 

HereForHelp is a resource hub for people who have been sexually harassed at work.

How to report

Once you’ve picked whom you’re going to report to, make an appointment with them. Try not to just drop by; it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and, ideally, face-to-face, not just in writing. Bring something you’ve written and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you.

What happens after you report

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

  • The investigator can be someone from within the workplace or outside it.
  • They are supposed to be objective and neutral. Not on your side or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy and procedures.
  • They are supposed to understand the OHS Act and OHS Code.
  • They are supposed to keep the complaint confidential and make sure everyone involved maintains confidentiality throughout the investigation.

The investigation is supposed to start quickly and be completed in a timely manner. There is no set timeline for investigations. Some may only take a day, while others may take months.

If the investigation costs any money (like for a translator if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as harassment under the OHS Act definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

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

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you, although it’s up to the investigator whether they will be allowed. If you require accommodations at the meeting—for example, a translator—you should ask for them.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting. See Document everything.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant.

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
  • It is always okay for you to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you’re afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

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

What if the investigator seems biased?

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

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

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

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

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually very common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report. Or you can report it to the OHS Contact Centre.

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker, or a problem, or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise, or other opportunity.

These are called reprisals, and they’re so common and so awful we wrote an entire guide about them. See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over?

The investigation report tells the employer whether the investigator thinks sexual harassment happened and, if so, what actions they recommend to keep the workplace safe from sexual harassment in the future.

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

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

Your employer isn’t required to follow any of the investigator’s recommendations. They also don’t have to ask your opinion about what they should do. If they end up punishing the harasser, they may or may not tell you about it.

Your employer may address the issue differently, such as changing your work situation with your consent, offering dispute resolution, or negotiating compensation. Settlement agreements often include non-disclosure clauses.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their responsibilities under the OHS Act and OHS Code. Here are some things you might do. First, though, consider consulting a lawyer.

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

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

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

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

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

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

Your employer has responsibilities under both of these laws.

Does the WSCA apply in your situation?

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

The WSCA covers most workers. That includes:

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

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

Who in Yukon is not covered by the WSCA?

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

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

Does the WSCA cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace.

If you’re sexually harassed at a work event, while you’re working at home or online, while you’re travelling for your job, or even if a co-worker harasses you in a work-related social setting outside of work hours, your employer is responsible for taking steps to ensure your safety. If the harassment is outside of work and work hours, a good place to get advice on your options is the Workplace Sexual Harassment Clinic.

What does the WSCA require from an employer?

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

The regulations require the employer to have written workplace policies and procedures.

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

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

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace sexual harassment policy. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

Where to get help and advice

If you belong to a union, there will be a collective agreement that outlines the contract between the union and employer. You can think of your union as an advocate for safe and healthy workplaces. Its job includes protecting members from things like abuse, harassment, and discrimination. If your employer is not following the collective agreement, your union can make a complaint, called a grievance. See Working with your union.

The Workplace Sexual Harassment Clinic operated by the Yukon Legal Services Society and funded by the federal Justice Department can provide free, confidential information and advice. 

How to report

Once you’ve decided whom you’re going to report to, make an appointment with them. Try not to just drop by; it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and ideally face-to-face, not just in writing. Bring something you’ve written and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you.

What happens after you report

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

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

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

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

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

If the investigation costs any money (like for a translator, if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as sexual harassment under the WSCA definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

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

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you. If you require accommodation at the meeting—for example, a translator—you should ask for them.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant. See Document everything.

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
  • It is always okay for you to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you are afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

What if the investigator seems biased?

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

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

If that happens, you can contact the Workers’ Safety and Compensation Board, and it can order your employer to conduct a new or better investigation. Or, you can contact your union or workplace health and safety rep.

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually very common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report. Or you can report it to the Yukon Workers’ Safety and Compensation Board. 

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker, or a problem, or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them: Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over?

The investigation report tells the employer whether the investigator thinks sexual harassment happened and, if so, what actions they recommend to keep the workplace safe from sexual harassment in the future.

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

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

Your employer isn’t required to follow any of the investigator’s recommendations. They also don’t have to ask your opinion about what they should do. If they end up punishing the harasser, they may or may not tell you about it.

Your employer may choose to resolve issues with you in other ways. They may agree to make changes in your working situation—only if you agree; otherwise, that could be a reprisal. They may ask you to participate in an alternative dispute resolution or negotiate with you to give you some compensation in exchange for your not taking legal action. Usually, if you make this kind of agreement, the employer also makes you agree to not talk publicly by signing a non-disclosure agreement about any of the details of the incident and the settlement.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their duties under the Workers’ Safety and Compensation Act and the Human Rights Act. Here are some things you might do. First, though, consider consulting a lawyer or contacting the Workplace Sexual Harassment Clinic. 

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

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

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

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

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

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

Does the WCA apply in your situation?

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

The WCA covers paid workers. Workers include:

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

Who in British Columbia is not covered by the WCA?

These people aren’t covered by the WCA:

  • Workers at federally regulated workplaces such as post offices, banks, radio and TV operations, and airlines and airports. People in those industries are protected by the Canada Labour Code.
  • Volunteers. (But that doesn’t mean volunteers can’t report sexual harassment; they absolutely can. It just means the employer may not be obligated to carry out a full investigation.)

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

Does the WCA cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace.

If you’re sexually harassed at a work event, while you’re working at home or online, while you’re travelling for your job, or even if a co-worker harasses you in a work-related social setting outside of work hours, your employer is responsible for taking steps to ensure your safety.

What does the WCA require from an employer?

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

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

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

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

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

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace sexual harassment policy. It might be called something else, like a human rights policy, a respectful workplace policy, or a bullying and harassment policy. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

How to report

Once you’ve picked whom you’re going to report to, make an appointment with them. Try not to just drop by; it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and, ideally, face-to-face, not just in writing. Bring something you’ve written and leave it with them. This can be helpful if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you.

Where to get help and advice

If you belong to a union, there will be a collective agreement that outlines the contract between the union and employer. You can think of your union as an advocate for safe and healthy workplaces. Its job includes protecting members from things like abuse, harassment, and discrimination. If your employer is not following the collective agreement, your union can make a complaint, called a grievance. See Working with your union.

What happens after you report

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

  • The investigator can be someone from within the workplace or outside it.
  • They are supposed to be objective and neutral. Not on your side or the harasser’s side.
  • They are supposed to follow the employer’s workplace harassment policy.
  • They are supposed to understand the WCA.

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

If the investigation costs any money (like for a translator, if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as sexual harassment. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, and you won’t be able to see notes or transcripts from the interviews.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

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

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say. 

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

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you. This may not be allowed because of confidentiality. If you are a member of a union, you may be able to have a representative from the union attend the meeting with you as your support person. If you require accommodations at the meeting—for example, a translator—you should ask for them.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting. See Document everything.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant. 

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
  • It is always okay for you to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you’re afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

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

What if the investigator seems biased?

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

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

If that happens, you can contact WorkSafeBC and it can order your employer to conduct a new or better investigation. Or you can contact your union or workplace health and safety rep.

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually very common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer. They are supposed to protect you against any harassment that might happen as a result of your report. Or you can report it to the WorkSafeBC.

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is people end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker or a problem or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise, or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them. See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

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

What happens once the investigation is over?

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

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

Your employer may or may not be required to follow any of the investigator’s recommendations. They also don’t have to ask your opinion about what they should do. If they end up punishing the harasser, they may not tell you about it.

Your employer may address the issue differently, such as changing your work situation with your consent, offering dispute resolution, or negotiating compensation. Settlement agreements often include non-disclosure clauses.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their responsibilities under the WCA and the British Columbia Human Rights Code. Here are some things you might do. First, though, consider consulting a lawyer.

If you’ve decided to report sexual harassment to your employer, this guide is for you. Here’s everything you need to know.

We’ll start with some background.

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

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

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

The Workplace Safety and Health Act (WSHA) is all about safety in workplaces. It’s the law in Manitoba that protects workers from all sorts of hazards at work, including violence and harassment. Under the WSHA, your employer is required to have a policy saying how they prevent, deal with, and investigate sexual harassment and workplace violence.

The code and WSHA work together to protect you from sexual harassment.

Your employer has responsibilities under both these laws.

Does the WSHA apply in your situation?

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

The WSHA covers most workers. That includes:

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

Who in Manitoba is not covered by the WSHA?

These are the exceptions of people who aren’t covered by the WSHA:

Does the WSHA cover sexual harassment related to your work that’s happening outside the workplace?

Yes! Employers are responsible for protecting you against workplace sexual harassment even if it happens outside of the workplace, if it is related to your work.

If you’re sexually harassed at a work event, while you’re working at home or online, while you’re travelling for your job, or in some circumstances, even if a co-worker harasses you in a social setting outside of work hours, your employer is responsible for taking steps to ensure your safety.

What does the WSHA require from an employer?

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

The WSHA requires the employer to have a harassment prevention policy that must cover sexual harassment. 

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

If there is no workplace policy at your workplace, or if your employer isn’t following it, you can report that to Workplace Safety and Health at 1-855-957-7233.

See a sample workplace harassment prevention policy.

Okay. Now you know the basics.

Now we’ll tell you how to actually report.

Getting ready to report

The first thing you should do is try to get a copy of your workplace sexual harassment policy. It will tell you how you’re supposed to report, and what’s supposed to happen once you do.

  • It may tell you to try talking directly with the harasser first.
  • It may name people or positions you’re supposed to report to.
  • It may give a deadline for how quickly you need to report.

Don’t worry too much about following the exact procedures. As long as you go to a person in a position of authority and tell them you are formally reporting sexual harassment, that should be enough to get things started.

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

Important

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

You may feel like you are causing a problem for your employer by reporting. But that’s not really what’s happening. When you report sexual harassment, you are bringing a problem to your employer’s attention. You didn’t create it; you’re just reporting it.

It might help to think about it the same way you’d think about reporting a gas leak or a piece of broken equipment. It’s a safety issue.

How to report

Once you’ve picked whom you’re going to report to, make an appointment with them. Try not to just drop by: it’s better if you have their full attention. If you don’t know what to say when you make the appointment, you can just tell them you want to talk about a workplace problem.

You should report verbally and, ideally, face-to-face, not just in writing. Bring something you’ve written and leave it with them. This can be a good idea if you’re worried there are things you may forget to say, or if you think they may mishear or misunderstand you. Keep a written record of what you report, when you report, and to whom you report. A written complaint can also be used as evidence if there is ever a dispute over whether you did actually report the harassment and when.

What happens after you report

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

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

If the investigation costs any money (like for a translator, if you need one), your employer is supposed to pay for it. You should not have to pay any costs related to the investigation.

The investigator’s job is to decide whether what happened to you qualifies as sexual harassment under the WSHA definition. To do that, they will talk with you, the person who harassed you, and anybody who witnessed it.

Important

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

The investigator should keep you informed about the timing and progress of their investigation, but they usually won’t tell you details. You won’t be allowed to be there when other people are interviewed, you won’t be able to see notes or transcripts from the interviews, and you’re not entitled to see the full investigation report.

How to prepare to be interviewed

The investigator should invite you to a meeting, where they will ask you to tell your story. They will ask for details (what happened, where, when, etc.), whether there were witnesses, and if you have any documents or other evidence. They may also ask how the harasser has behaved to you since then.

There may be other people there. If your workplace has a Safety and Health Committee, its worker representative may be there. There may be someone there solely to take notes.

Tip

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

It’s rare for an investigator to be challenging or aggressive. Normally they are just trying to gather information and make sure they understand what you’re saying. It’s normal for them to ask you a lot of questions and write down everything you say.

Here are steps you can take to prepare for the meeting:

  • If there’s anything about the meeting that doesn’t work for you—for example, its location or timing—you can ask for an alternative. You can also ask to bring a support person with you. If you require accommodations at the meeting—for example, a translator—you should ask for them.
  • If you haven’t already, you should write down all the important events in the order they happened. Try to include as much detail as possible, including dates, times, names of people who were present, what was said or done, and where it happened. Bring a copy of this document with you to the meeting. See Document everything.
  • Collect copies or printouts of any documents related to the harassment. This might include printouts of emails, screenshots of text messages, your phone call log, or anything else you think is relevant.

How to handle yourself during the interview

  • Remember that you haven’t done anything wrong, and you are not on trial.
  • You can take your time when answering questions. If you’re not sure you understand a question, ask for it to be repeated or rephrased.
  • It is always okay for you to ask for a short break.
  • It is okay for you to take notes.
  • It’s totally fine for you to ask about the investigator’s process and timeline.
  • It’s totally fine for you to tell the investigator about any concerns you have.
  • It’s a good idea to tell the investigator if you’re worried about confidentiality, especially if you are afraid the harasser will get other people to gang up on you for reporting them.

Things that can go wrong and how to handle them

What if my employer ignores my report?

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

  • Call Workplace Safety and Health. If it agrees that your situation is covered by WSHA, it may order your employer to investigate or take alternative steps.
  • Contact your union.
  • Contact your workplace health and safety rep.

What if the investigator seems biased?

The investigator is supposed to be fair and unbiased. But they aren’t always. If you’re concerned that the investigator is biased, you can contact Workplace Safety and Health. If they agree, they have the power to order a new investigation or make alternative orders.

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

If that happens, you can contact the Manitoba Division of Labour, and they can order your employer to conduct a new or better investigation. Or you can contact your union or workplace health and safety rep.

What if people at work are gossiping about me and the investigation?

This isn’t supposed to happen. Investigators are only allowed to share information about the investigation if it will help them do their work, protect other workers, or if the law says it must be shared. (For example, if criminal charges have been laid, the investigator might have to share information with the police.) The investigator is supposed to instruct anyone involved with the investigation to not talk about it.

But it’s actually really common for people to gossip about the investigation. And sometimes it can be really bad. Sometimes, other people decide to support the harasser, and start treating you badly.

If that happens, you should tell your employer and/or the investigator. They are supposed to protect you against any harassment that might happen as a result of your report. Or, you can report it to Workplace Safety and Health.

What if I get punished for reporting?

Getting punished for reporting is extremely common. About a third of people who report say that in the end they got punished. So, yeah, if you think it’s happening to you, it probably is. We’re really sorry.

What happens is people can end up sympathizing with the harasser and blaming you for reporting them. They decide you’re a troublemaker or a problem or a drama queen. That makes them like you less, and so they start treating you badly. They might schedule you for fewer shifts, stop helping you with your work, or decide to not recommend you for a promotion or raise or other opportunity.

These are called reprisals, and they’re so common and so awful, we wrote an entire guide about them. See Getting punished for complaining and how to protect yourself. Please read it. We want you to be able to protect yourself.

What happens once the investigation is over

The investigation report tells the employer if sexual harassment occurred and recommends actions to ensure workplace safety. If the harasser is an employee, the investigator may suggest firing, transferring, suspending, or reprimanding them. They may also recommend workplace changes, such as shift adjustments, policy updates, or education.

The harassment prevention policy is supposed to tell you how the results of the investigation will be given to you and to the harasser. This may happen verbally; you can ask your employer for a written summary. Your employer does not have to provide the full investigation report to you. Your employer should meet with you and your harasser separately to explain what actions they are taking, if any.

Employers aren’t required to follow the investigator’s recommendations or consult you on their decisions. If they punish the harasser, they may not inform you.

Your employer may address the issue differently, such as changing your work situation with your consent, offering dispute resolution, or negotiating compensation. Settlement agreements often include non-disclosure clauses.

What to do if you’re not happy with the outcome

If your employer chooses to do nothing about the harassment, they aren’t meeting their responsibilities under the WHSA and the Human Rights Code. Here are some things you might do. First, though, consider consulting a lawyer .

Important

“Reporting” means making an official report or complaint. If you want information about how to talk about harassment informally, see How can I talk with my employer to get them to stop the harassment? The information here is only about what happens if you make a formal report.

Most people don’t report workplace sexual harassment.

  • They think what happened wasn’t serious enough.
  • They don’t think anyone will do anything about it.
  • They’re afraid their employer will punish them.

If you decide to report, there can be a big difference between what’s supposed to happen and what actually happens. We’re going to tell you about both.

What’s supposed to happen when people report sexual harassment

In most workplaces, reporting is supposed to trigger a series of steps.

Most employers are obligated—either by law or by internal policy—to launch an investigation. What’s supposed to happen is this:

  • Your employer should appoint a person to investigate your complaint.
  • That person should try to figure out whether you were sexually harassed.
  • If the investigator determines you were sexually harassed, your employer should then take steps to make sure the harassment stops.

A good employer will talk with you to figure out what would make you feel safe at work, and will try to do what’s necessary so you do feel safe.

Important

If the person who’s harassing you is your boss, your employer is still supposed to carry out an investigation. The person investigating the harassment is not supposed to be the person who is harassing you, or anyone who works for that person. That can be difficult in a small company, or if it’s the CEO who’s harassing you. But that’s how it’s supposed to work.

If your employer decides that, yes, you were sexually harassed, here are some examples of things they might do.

  • Reprimand the harasser and tell them to stop harassing you.
  • Suspend the harasser, with or without pay.
  • Move the harasser to a different work location, change their shift, or move them to a different department, so they don’t work with you. (Or, in the case of a client or customer, assign a different person to work with the harasser, so you don’t have to.)
  • Remind all employees about sexual harassment laws and policies.
  • Develop new policies for reporting and stopping sexual harassment.
  • Require the harasser, and sometimes also other people, to take sexual harassment training.
  • Require managers to take training in how to prevent sexual harassment and stop it when it happens.
  • Fire the harasser. (Or, in the case of a client or customer, refuse to provide services to them anymore.)

Your employer may not tell you about all the steps they take. If they punish the harasser, they may need to keep that confidential.

What actually happens when people report sexual harassment

It depends on the employer.

About half of employers carry out a proper investigation. Some are sympathetic but don’t do much. Some do nothing.

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

Here’s what the experts say about reporting.

A typical reporting procedure requires the victim to relive and recount (sometimes multiple times to multiple people) what may have been a humiliating, frightening, or traumatizing experience. It is not uncommon for victim identities to be divulged during investigations and for victims to lose all sense of agency or control over the situation.

Lilia M. Cortina, professor of psychology, Women’s and Gender Studies, University of Michigan.
Maira A. Areguin, graduate student, Joint Program in Women’s and Gender Studies and Personality & Social Contexts, University of Michigan.
“Putting People Down and Pushing Them Out: Sexual Harassment in the Workplace.”

Among people who file harassment complaints with the [U.S. Equal Employment Opportunity Commission], at least one-third say that after complaining to the company they were demoted, moved to lousy jobs or shifts, fired, raped, or further harassed. Indeed, as several large-scale surveys show, people who file harassment complaints are much more likely to lose their jobs than those who experience similar levels of harassment and say nothing.

Frank Dobbin, professor of sociology, Harvard University.
Alexandra Kalev, associate professor of sociology, Tel Aviv University.
“Training Programs and Reporting Systems Won’t End Sexual Harassment. Promoting More Women Will.”

How to tell whether your employer will handle your report well

There’s no way to know for sure. But here are some questions you can ask yourself:

  • Is your workplace aggressive and competitive?
  • Is leadership mostly male?
  • Do some people at your work have a lot of power and others very little?
  • Do people talk and joke about sex a lot?
  • Do people openly make fun of other people?
  • Are people openly racist or sexist?
  • Have you ever seen anyone treated badly, and nobody stopped it?
  • Is there anybody who everybody knows harasses people, but nobody has stopped them?

Those are all bad signs. If they describe your workplace, that would suggest your employer may not take sexual harassment very seriously.

Here are some more questions:

  • Does your workplace seem like it cares about fairness?
  • Does your boss seem to care about you as a person?
  • Is there an HR department?
  • Have you ever gotten sexual harassment training at work?
  • Is there a sexual harassment policy that’s easily available to you?
  • Is your workplace pretty balanced in terms of gender?
  • Are there women, 2SLGBTQIA+ people, and racialized people in leadership positions?
  • Would you be able to report to someone who is not a man?
  • Do you know and trust the person you’d be reporting to?
  • When people at your work behave badly, does anybody stop them?
  • Does your workplace seem like it respects the people who work there?
  • Does it seem like it cares about them as people?

If any of those describe your workplace, that’s good. It suggests your employer may take sexual harassment seriously, and may handle your report well.

Read how to report sexual harassment to your employer

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