Do you think you were discriminated against or harassed? If yes, one of things you can do to resolve the situation is file a Human Rights Complaint.
Filing out the Complaint Form is the first step in the human rights complaints process. It is self-guided and should not take too long to fill out. You can fill it out on your own or get help from family, friends or a support person. There is no cost to fill out this Form.
The Form gives you a chance to tell us what happened to you and why you think you’ve been discriminated against or harassed (your allegations). Remember allegations are just your side of the story. Discrimination or harassment has not been proven yet.
Filling out the Form properly is very important. The information contained in the Form helps us determine if we can proceed further with your complaint.
Complaints will only be reviewed through the online form, unless there is an accommodated need for an alternate format. Any information you provide outside of the prescribed format will not form part of your complaint and will not be reviewed by us. At this early stage, there is no need to send us any other information and/or documents.
Next, we apply the Human Rights Act to your complaint to see if we can help.
We can only proceed further with a compliant if there’s a reasonable basis to believe:
- You were treated unfairly
- The unfair treatment happened in Newfoundland and Labrador
- The unfair treatment happened within the last 12 months
- The unfair treatment happened in a protected area (for example: at work, going to a store or accessing government services)
- The unfair treatment was based on a protected personal characteristic (for example: disability, race, sex etc.)
Unfortunately, not all unfair situations fall within our jurisdiction. This doesn’t mean that what happened to you is not important. It just means that the Human Rights Act places limits on the types of complaints we can deal with.
You will get written notice of our decision. We will tell you why we could not proceed further with your complaint. We can help you advocate for yourself or refer you to other community or government services. We may also help you find other ways to resolve your issue.
If you disagree with our decision you can contact the Office of the Citizen’s Representative or file an Application for Judicial Review with the Supreme Court of Newfoundland and Labrador.
The two most important things we need to know are – what happened and why you think you were discriminated against or harassed.
What happened?
- Keep it simple. Be mindful of the 5,000 character limit. Only include information that relates to your allegations.
- Be clear and concise so that your story makes sense to someone reading it for the first time.
- Tell your story in the order that it happened. You can use point form, if easier.
- Try to include every incident of discrimination and/or harassment. Give examples. Complaints can only be changed later to include new allegations if they relate to your original complaint and were not known or could not reasonably have been known by you.
- Use “quotation marks” to show when you are repeating words another person said.
- Gather important documents or records (letters, emails, medical notes etc) so you can easily refer to it while filling out the Form.
Make sure you answer these specific questions:
- What happened?
- Who was involved?
- When did it happen? Use dates.
- Where did it happen?
- Were there any witnesses?
- How did the discrimination and/or harassment negatively impacted you?
Why do you think you were discriminated against or harassed?
There needs to be some connection between what happened to you and one of your protected personal characteristics (called prohibited grounds).
- Why do you believe you were treated this way?
- Were others from a different group treated better than you? Were others from your same group treated the same way as you?
- Were you the only one treated this way?
- Did someone say something to you? Or was it just a feeling you had? Explain why you felt this way.
Sometimes the connection to one of the prohibited grounds is clear.
- Someone said something directly to me – I am blind and use a service animal. When I went into the restaurant, the server said “you can’t bring your pet in here.” I feel I was discriminated against because of my disability.
Sometimes the connection to one of the prohibited grounds is not clear.
- I had a feeling after talking to someone – I am an indigenous person. I called to see an apartment that was for rent. The landlord said it was available and that I should come over to see it. When I arrived at the apartment, the landlord appeared nervous and looked me up and down. He didn’t say anything specific to me, but I got the sense that he was not interested in renting to me. Before I was shown the apartment, the landlord told me that it had just been rented. A friend of mine called two days later and the apartment was still for rent. I think I was discriminated against because of my race, colour, ethnic and social origin.
- I was the only person fired at the time – I am 4 months pregnant. I told people at work that I am expecting a baby. Two weeks later, my boss fired me out of the blue. I was very surprised. I’ve always done a good job at work. No one else was let go at the time and the company is now advertising to fill my old position. I think I was fired because my boss found out I was pregnant.
Sometimes the connection to one of the prohibited grounds is because you need an accommodation.
- I have a disability and need an accommodation to get a service. You should tell us what your disability is, how you were affected and what specific accommodation you need.
- I need a religious accommodation at work. You should tell us what your religion is, how you were affected and what specific accommodation you need.
Read over what you have written and make sure there is a connection between your protected personal characteristics (prohibited grounds) and what happened to you.
The majority of people that we cannot help are not able to make this connection.
The Complaint Form must also be:
- Clear and understandable.
- Enough to establish the Commission’s jurisdiction under the Human Rights Act.
- Enough to allow the person you’re complaining about to understand and respond to your allegations.
Failure to Participate
You are required to participate in the human rights complaint process. If you fail to participate, your application may be closed.