Rights and Obligations
Reminder: The information provided in the Employer Toolkit and in this training are suggested best practices, and are not intended to provide legal advice. If you are uncertain at any point, please check with a lawyer on whether this information is appropriate for your organization.
The rights and obligations of all parties involved in a sexual harassment complaint are detailed in the Sample Workplace Sexual Harassment (WSH) Policy
The Complainant and the Respondent
Both the complainant and the respondent have the right to:
- have their confidentiality protected;
- have the limits of confidentiality explained to them prior to disclosing their complaint or prior to responding to a complaint;
- decide whether to access available services and to choose those services they believe will be most beneficial;
- be informed of resources outside the workplace;
- be informed of the procedures in place to address sexual harassment;
- have one support person present throughout the procedures;
- be informed of any significant updates that occur at any point in the formal complaint process;
- receive a copy of the investigation report (redacted to protect confidentiality); and
- be informed of the outcome of the investigation, including any discipline or remedial measures.
The Complainant
The complainant has the right to:
- a plan to protect their safety; and
- reasonable and necessary actions to prevent further unwanted contact with the respondent.
The Respondent
The respondent has the right to have reasonable and necessary actions taken to prevent further contact with the complainant.