Proving workplace sexual harassment in New Brunswick requires meticulously documenting every incident and reporting it. You have exactly one year from the last incident to file a complaint with the New Brunswick Human Rights Commission. Compensation can include lost wages and significant damages for emotional distress.
Everyone deserves to feel completely safe, respected, and valued at their place of employment. Experiencing sexual harassment at work can be incredibly isolating and terrifying, especially if the offender is a manager or a powerful business owner. In New Brunswick, sexual harassment is not just a violation of company policy; it is strictly illegal under the New Brunswick Human Rights Act and occupational health and safety laws. Whether you work in a bustling retail store in Dieppe, a corporate office in Saint John, or a hospital in Bathurst, the law fiercely protects you.
This comprehensive guide details exactly how to prove workplace sexual harassment in New Brunswick. We will carefully explain how to gather irrefutable evidence, the correct legal steps to report the abuse, and how a local employment law firm can help you seek justice without fear of career retaliation.
Step-by-Step Process to Prove Sexual Harassment in New Brunswick
Sexual harassment often occurs behind closed doors, making it seem like a “he-said, she-said” situation. However, the Human Rights Commission relies on a “balance of probabilities.” This means you must simply prove it is more likely than not that the harassment occurred. Here is how to build a rock-solid case.
Step 1: Document Every Incident Meticulously
Your strongest weapon in any human rights claim is a highly detailed, contemporary written record. The moment an inappropriate comment is made or an unwanted touch occurs, write it down. You must record the exact date, the time, the location, and exactly what was said or done.
Keep this private journal at home, not on your work computer 📔. Noting how the incident made you feel and your exact physical reaction (e.g., “I stepped back and told him to stop”) provides immense credibility to your future legal complaint.
Step 2: Secure Digital Evidence and Witnesses
Harassers frequently leave a digital trail of their inappropriate behaviour. You must immediately take screenshots of any sexually suggestive text messages, late-night emails, or inappropriate social media direct messages. Never delete these messages, no matter how uncomfortable they make you feel.
Additionally, quietly speak to trusted coworkers. Ask if they witnessed the harassment or if the manager has treated them similarly . Having a colleague willing to corroborate your story drastically increases your chances of winning at the Human Rights Commission.
Step 3: Report the Harassment Internally
Under WorkSafeNB regulations, every employer in New Brunswick is legally required to have a workplace harassment policy. You must follow this policy and officially report the harassment in writing to Human Resources or higher management.
Keep a copy of this written complaint. If the employer completely ignores your report, laughs it off, or unfairly punishes you for speaking up (known as reprisal), the employer becomes directly liable for failing to provide a safe working environment . This drastically strengthens your provincial human rights claim.
Step 4: File a Formal Human Rights Complaint
If your employer fails to stop the harassment or fires you for complaining, you must escalate the matter. You have a strict one-year deadline from the date of the last harassing incident to file a formal complaint with the New Brunswick Human Rights Commission.
The Commission provides a free intake form. An investigator will review your evidence and the employer’s response. If the evidence is strong, the Commission will attempt mediation. If the employer refuses a fair settlement, the case proceeds to a Board of Inquiry, which operates similarly to a court and can legally order the employer to pay you substantial financial compensation.
| Type of Harassment | Examples in the Workplace | Evidence to Gather |
|---|---|---|
| Verbal / Psychological | Sexual jokes, asking for dates repeatedly, commenting on body parts. | Detailed personal journal entries, witness statements from coworkers. |
| Digital / Written | Sending explicit memes, late-night texts, inappropriate emails. | High-resolution screenshots, printed emails (saved off company servers). |
| Physical (Criminal) | Unwanted touching, rubbing shoulders, cornering in a room. | Police reports, security camera footage, medical records if injured. |
How Much Does it Cost in New Brunswick?
Seeking justice for sexual harassment does not have to drain your life savings, but securing expert legal counsel is highly recommended:
- Human Rights Filing: Filing a complaint and participating in the Commission’s investigation is completely free of charge.
- Legal Consultations: Reviewing your evidence with a specialized employment or human rights lawyer generally costs $300 to $500 CAD.
- Law Firm Representation: Having a lawyer draft your complaint and represent you at mediation typically requires a retainer of $3,500 to $7,000 CAD.
- Contingency Agreements: In very strong cases, some New Brunswick lawyers may take your case on a “no win, no fee” contingency basis, usually taking 25% to 33% of your final settlement.
How Long Does the Process Take?
The human rights legal process requires significant patience. After filing your complaint, it usually takes 2 to 4 months for the employer to submit their formal response. If both parties agree to mediation, a financial settlement can often be reached within 6 to 9 months. However, if the case must proceed to a full Board of Inquiry hearing, securing a final, legally binding decision can realistically take 18 to 24 months.
Frequently Asked Questions (FAQ)
What happens if I am fired for reporting the harassment?
Firing or demoting you for reporting harassment is called “reprisal,” and it is highly illegal in New Brunswick. A judge will punish the employer severely for this, often awarding you additional thousands of dollars in aggravated damages.
Can I just quit and sue them for wrongful dismissal?
Yes. If the harassment is so severe that you are forced to resign for your own safety, it is legally known as “constructive dismissal.” You can consult a lawyer to sue the company in regular civil court for severance pay and human rights damages.
Does the harassment have to happen at the actual office?
No. Workplace sexual harassment laws extend to company holiday parties, off-site training seminars, business travel, and even after-hours text messaging between coworkers.
Should I go to the police instead?
If the harassment involves any unwanted physical contact, sexual assault, or threats of violence, it is a strict criminal matter. You should immediately contact the local police or the RCMP. You can pursue both a criminal case and a human rights complaint simultaneously.
What if my employer says it was just “workplace banter”?
The law explicitly does not care about the harasser’s intention; it only cares about the impact on you. If the comments were unwelcome and objectively offensive, claiming it was “just a joke” is not a valid legal defence.
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