Sexual harassment is strictly illegal under The Human Rights Code (C.C.S.M. c. H175) and The Workplace Safety and Health Act. Since June 3, 2025, employers also have a proactive, legal duty to maintain a psychologically safe workplace for all staff. If you experience unwanted sexual advances, comments, or touching, you should first report it internally using your company’s official harassment policy. If the employer fails to stop it, you can take immediate legal action against them.
Every employee deserves to go to work without fear of unwanted sexual attention, degrading comments, or physical intimidation. Unfortunately, workplace sexual harassment remains a serious issue across Manitoba. Whether it takes the form of a manager demanding “favours” for a promotion in Winnipeg, or a coworker constantly making crude, offensive jokes in a Portage la Prairie warehouse, this behaviour is completely unacceptable and legally actionable.
Many victims suffer in silence because they fear they will be fired, labeled as difficult, or simply not believed. It is important to know that Manitoba law provides powerful protections against both harassment and reprisal (punishment for speaking up). Under recent amendments to The Workplace Safety and Health Act (Bill 29, effective June 3, 2025), employers have a proactive duty to promote a psychologically safe workplace and conduct regular risk assessments to protect your mental well-being. If you feel unsafe at work, you do not have to handle it alone. We strongly encourage you to browse our directory to find an empathetic, experienced employment lawyer who can guide you safely through the reporting process and hold the offenders accountable. 📝
Step-by-Step Process for Reporting Sexual Harassment in Manitoba
Addressing sexual harassment requires a careful, documented approach. Your goal is to force the employer to fulfill their legal duty to provide a safe, harassment-free environment. By following these steps, you build an undeniable case.
Step 1: Document Every Incident
The moment an inappropriate comment or action occurs, write it down. Create a private journal detailing the date, time, location, the exact words spoken, and the names of any coworkers who might have witnessed it. If the harasser sent you inappropriate text messages, emails, or social media direct messages, screenshot and save them immediately before they can be deleted. This timeline is your strongest piece of evidence. 🔍
Step 2: Review Your Employer’s Harassment and Psychological Safety Policies
Under Manitoba’s The Workplace Safety and Health Act, every employer is legally required to have a written harassment prevention policy. In addition, under Bill 29 amendments (effective June 3, 2025), employers are legally mandated to maintain a “psychologically safe workplace”-defined as one where your psychological well-being is promoted and active, proactive measures are taken to prevent mental harm. Employers must ensure regular risk assessments are conducted by a competent person. Locate your company’s policies in your employee handbook or HR portal to find out exactly who you are supposed to contact to make a formal complaint.
Step 3: Make a Formal Internal Complaint
Submit your complaint in writing via email so there is a clear timestamp proving when the employer was notified. Stick to the facts outlined in your journal. Once notified, the employer has a strict legal obligation to investigate the allegations promptly, impartially, and confidentially. They must take steps to separate you from the harasser while the investigation is ongoing. 💼
Step 4: Escalate to Human Rights or Civil Litigation
If HR ignores your complaint, sweeps it under the rug, or punishes you for speaking up, the employer becomes legally liable. Your lawyer can now help you file a formal complaint with the Manitoba Human Rights Commission. Alternatively, if the environment is so toxic you cannot return, a lawyer can help you resign and sue the company for “constructive dismissal” and human rights damages at the Court of King’s Bench.
| Type of Harassment | Examples in the Workplace | Recommended Immediate Action |
|---|---|---|
| Quid Pro Quo | A boss threatening to fire you unless you go on a date with them. | Report to HR and consult a lawyer immediately; highly illegal. |
| Hostile Environment | Coworkers constantly sharing explicit photos or making sexual jokes. | Document the dates and report to management to demand a stop. |
| Physical Assault | Unwanted touching, grabbing, or cornering you in a room. | Leave the premises, call the police, and file a criminal report. |
How Much Does it Cost to Fight Sexual Harassment?
Victims of sexual harassment should not have to empty their bank accounts to seek justice. The legal system in Manitoba provides several affordable pathways. Here are the expected 2026 costs in CAD: 💵
- Filing a Human Rights Complaint: Submitting a case to the Manitoba Human Rights Commission is 100% free of charge.
- Initial Lawyer Consultation: An employment lawyer will typically charge between $250 and $500 CAD to review your evidence and advise you on your legal options.
- Contingency Litigation: If you are forced to quit due to a toxic environment, lawyers often take your constructive dismissal lawsuit on contingency. You pay zero upfront, and the lawyer takes approximately 30% of the final settlement you receive from the employer.
- Potential Damages: If successful, employers are often ordered to pay you for lost wages, plus additional “injury to dignity” damages. Note that under section 43(2.1) of The Human Rights Code, compensation for injury to dignity, feelings, or self-respect is legally capped at a maximum of $25,000 CAD.
How Long Does the Process Take?
An internal workplace investigation should be handled urgently. Once you report the harassment to HR, the employer should realistically complete their investigation and implement protective measures within 2 to 4 weeks. ⏱
If the employer fails you and you must escalate externally, timelines lengthen. Negotiating a severance settlement through a lawyer’s demand letter usually takes 1 to 3 months. If you file a formal claim with the Manitoba Human Rights Commission, the process takes significantly longer due to extreme backlogs. According to recent Commission data, it takes an average of 22 months (nearly two years) just to assign an investigator to a file, and the actual investigation takes another 12 months, meaning the total resolution process realistically takes at least 2.5 to 3 years.
Frequently Asked Questions (FAQ)
Can I be fired for reporting sexual harassment?
Absolutely not. Firing, demoting, or cutting the hours of an employee because they reported harassment is called “reprisal” and is strictly illegal under Manitoba law. If this happens, your employer will face severe financial penalties from the Human Rights Commission or the courts.
What if the harasser is the owner of the company?
If the person harassing you is the owner or CEO, an internal HR complaint is usually ineffective, as HR works for them. In this scenario, you should consult an employment lawyer immediately. They will often advise you on how to safely exit the company and sue the owner directly for constructive dismissal.
Do I need physical proof or witnesses to win?
While having emails, texts, or eyewitnesses makes your case much stronger, it is not strictly required. Many sexual harassment cases happen behind closed doors. Courts and human rights tribunals frequently make rulings based on the credibility of the victim’s detailed testimony and contemporary journal entries.
What if the harassment is coming from a customer, not an employee?
Your employer is legally responsible for providing a safe workplace, regardless of who is causing the danger. If a regular customer, client, or vendor is sexually harassing you, your employer must step in, issue a ban, or reassign the client. If the employer tells you to “just tolerate it for the sale,” the employer is breaking the law.
Should I go to the police?
If the sexual harassment involves any form of non-consensual physical contact (groping, kissing, assault), or if you are being stalked or physically threatened, it is a criminal offence. You should contact your local police service (such as the Winnipeg Police or local RCMP) immediately, in addition to pursuing civil workplace remedies.
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