Administering Human Rights Legislation

Who settles concerns? Human rights commission is a group of people appointed by the federal or provincial government to administer and enforce various human rights codes and make decisions about complaints Most complaints settled by commissions Few go to adjudicator, board of inquiry, or human rights tribunal Some provinces go directly to board or tribunal

To Avoid a HR Complaint, an employer must prove: 1. The job requirement is a ‘bona-fide occupational requirement’- It is necessary for the safety, efficiency or economy of the company 2. The person from a protected group cannot be accommodated without undue hardship to the employer

Filing a Human Rights Complaint: Inquiries are completely confidential Inquiries must follow procedures outlined in HR Code of each province (package) It is up to the accuser to prove your case In Ontario, a complaint must be filed w/in 6 months of the last incident involving the alleged discrimination

Complainant: Respondent: Person making an allegation of discrimination Must complete a package of info to complete (describe incident) Respondent: Person or organization that the complainant alleges to have discriminated against him or her

For Employment Discrimination Complainant Must Establish.... a) Prima Facie Case - legally convincing unless disproved by contrary evidence During hiring as an example, The Complainant Must Prove: 1. You were qualified for the particular employment 2. You were not hired 3. Someone no better qualified than you was subsequently hired – someone who lacked the distinguishing feature that represents the gravamen b) Gravamen (main grievance) - the grievance, or main cause of an accusation

Remember! An employer is allowed to justify their choices by: - Identifying a Bona Fide Occupational Requirement - Providing accommodation until Undue Hardship

Human Rights Commission Complaint Process 1. Complaint  you submit your complaint and it is reviewed by the commission 2. Response  if accepted, a copy of your complaint is sent to the respondent for reply 3. Reply  a copy of the respondent’s reply to your complaint is sent to you

4. Mediation  an attempt is made to work with you and the respondent to settle the complaint 5. Investigation  where mediation is not successful, an investigation into your complaint may take place. 6. Report  a report of the investigation is sent to you and the respondent

7. Conciliation  if evidence supports your complaint, conciliation is attempted 8. No settlement  if the complaint is not settled, it is reported to the chief commissioner 9. Hearing your complaint may be heard by an adjudicator, human rights tribunal, or board of inquiry

Role Of HR Commission HR Commission’s have a duty to offer a response to all complaints that are properly filed. Complainants are informed by the commission if their complain is intra vires to the provincial code. The commission then serves the respondent with the complaint, and formally responds to the allegations of discrimination.

Dismissing a complaint Human rights commission may dismiss complaint Some reasons include: Interest of individual will not be served No merit No significant issues Dealt with already Improper motives (bad faith) Time limit varies from province to province – 1 year is common

Methods of Resolving HR Complaints a) Mediation Intervention btwn conflicting parties that promotes compromise or settlement of the dispute b) Investigation services If no settlement is reached in mediation – formal investigation by human rights officer (gather information, inspecting documents, records, interviewing witnesses Or

It is more forceful, as they try to force a decision C) Conciliation Bring conflicting parties to a resolution through an arbitrator to resolve their differences It is more forceful, as they try to force a decision

Hearing a case If no resolution is reached, case can go to adjudicator, board of inquiry, or human rights tribunal

Dismissing a HR Complaint: Main Reasons for Commission’s Dismissal: Complaint is trivial, frivolous or made in bad faith Complaint is not w/in the jurisdiction of the commission Complaint is filed more than 6 months from incident A complainant has 15 days to appeal decision to formally request a new trial; a commission can turn down the appeal.

Available Remedies: Order the respondent to stop the discriminatory practice. Compel the respondent to issue a letter of apology Order the respondent to pay the complainant for mental anguish and/or for any losses suffered in pay or benefits Compel the employer to give the complainant back his or her job or grant the denied promotion Require the organization to provide human rights & anti- discriminatory training for all employees + change policies to become less discriminatory.