Filing a Human Rights Claim

Before filing with the Nova Scotia Human Rights Commission, think carefully about your experience and whether it might qualify under the Nova Scotia Human Rights Act.

Ask yourself:

1. Were you denied employment, discriminated against, treated poorly, denied services or accommodations, subjected to harassment or pressured to quit during your employment?

2. Did this treatment happen because of your membership in one of the protected categories (e.g. race, gender, religion, disability, etc.)? Try to be specific about how you fit into that category and how the discrimination relates to it.

3. Did the potential discrimination fall outside of the exceptions discussed in earlier chapters (such as “bona fide occupational requirements” or undue hardship)?

4. Is the discriminating employer provincially regulated? See the chapter “Does this Guide Apply to You?” to determine this. If your employer is federally regulated or based outside Nova Scotia, you may still have a claim—you may just need to file it under a different set of human rights laws.

Keep in mind that this is only a starting point. And even if you’re unsure whether your situation meets all these criteria, you may still have a valid claim. Human rights cases often involve unique and changing circumstances, so don’t be discouraged if your situation doesn’t fit neatly into the rules.

If you have any uncertainty about whether or not your claim is valid, you can contact the Human Rights Commission to discuss your case - or reach out to the Halifax WAC.

You must file your human rights complaint within 12 months of the most recent instance of discrimination (HRA s29(2)).

There can be significant delays in the process for filing a human rights complaint. It is best to file as soon as possible after you become aware of the discrimination to avoid missing the deadline.

If you have missed the 12-month deadline, you can still file a complaint or appeal a claim that was dismissed because you filed late by requesting that the Human Rights Commission allow up to one additional year to file, under Section 29(2). This extension can be granted if doing so is in the public interest and fair to both parties, taking into account any prejudice or disadvantage to either the employee or the employer.

In chronological order, and using specific dates, outline all the events you believe are relevant to your human rights claim. Timelines can make it easier for other parties to understand what led up to the discrimination or harassment.

Collect documents like emails, contracts, pay stubs, and text messages that support your claim and provide evidence of the discrimination. Keep these documents in a safe place until it comes time to file evidence.

It is always an option to negotiate privately with your employer in order to come to a settlement. This can happen before or during the process of filing a claim. This step isn’t required, but it can lead to a faster, mutually agreeable solution and potentially strengthen your case if you later file a complaint.

Once you file a complaint with the Human Rights Commission, you can still negotiate a settlement until the start of any hearing on the issue, but at this stage the Human Rights Commission must approve the settlement.

Negotiations are often started through the use of a demand letter. A demand letter is an informal but professional document sent directly to your employer which sets out the rights that you believe have been violated, the law which protects those rights, and the compensation or changes in policy that you require in order to correct the violations. See our later chapters for more information on filing a demand letter.

• GOOD TO KNOW: Your employer cannot retaliate against you for filing, intending to file, or threatening to file a human rights claim based on the Human Rights Act. If you think your employer is treating you differently because you informed them of your rights or because they found out you intend to file a Human Rights Claim, please contact the WAC. 

The first step to filing a human rights complaint is to make an appointment with the Human Rights Officer, who evaluates your claim and may schedule a “Resolution Conference”.

You will have an initial meeting with the officer where you will have the opportunity to speak about the issues you have been experiencing, and the merits of your potential claim. These meetings are meant to be informal, but it is good to be prepared to answer some questions to maximize your chances of being granted a hearing.

Some of the questions you may be asked are:

• Protected Characteristic: What is your protected characteristic(s)?

• Timeline: When did the discrimination start? Examples? 

  • NOTE: This is when the timeline of events you created earlier will come in handy!

• Discrimination: Why do you think this was discrimination? How was the poor treatment connected to your prohibited characteristic(s)?

• Scale: Are you the only one? Is this a pattern at your workplace? How were/are others treated in comparison? 

• Impact: How has it impacted you? Workplace policies can impact people differently, has this policy or treatment impacted you in particular due to your protected characteristic? How severe is this impact? 

  • NOTE: Be honest about how the discrimination has affected you at work and beyond.

• Resolution Attempt: Have you tried to resolve the issue in the past? Did you file a complaint? Send a demand letter? Inform your employer via email? 

If the officer finds your claim has merit, they may order you and your employer to attend a “Resolution Conference”. The goal of this conference is for the parties to work together to create a solution to the issue.

If you reach an agreement with your employer then a written settlement agreement will be created. A settlement agreement can include financial compensation for lost wages, changes to workplace policies or practices, reinstatement to a position, or other measures to prevent future discrimination. It can also include things that can’t be ordered by an adjudicator, like an apology letter or a good employment reference.         

• GOOD TO KNOW: The parties can settle any time between filing a complaint and the start of the next stage (a Board of Inquiry hearing). This settlement must be approved by the Human Rights Commission.

If a settlement agreement cannot be reached, the next steps will be determined by the Human Rights Commission. Usually, the Commission will set a date for a hearing before a “Board of Inquiry”. A Board of Inquiry is an independent tribunal, separate from the Human Rights Commission, that holds a public hearing on whether the Human Rights Act was violated. The hearing is less formal than court, and is chaired by an adjudicator (not a judge).

 In order for your claim to be successful, you must prove:

1. You experienced discrimination or negative treatment (e.g. denied employment, discriminated against, treated differently or harassed, or otherwise negatively impacted).

2. This treatment was because of your protected characteristic(s).

This means that you will need to bring evidence and examples of specific instances of discrimination, and of your membership in a protected group. For example, if you were denied time off for religious holidays, you may want to bring emails which show that you informed your employer of your religious needs and replies or pay stubs which show that the employer denied this request.

If you can prove your case for discrimination, then you will receive a judgment against your employer UNLESS the employer can prove that the discrimination falls within one of the exceptions listed in earlier chapters. This might mean that the employer will prove that the discrimination occurred due to a reasonable requirement of the job, or because the discrimination was necessary for the functioning of a program for a specific group of disadvantaged individuals. 

Keep in mind that when an employer has a lawyer, the process may be more adversarial. This might mean that they bring stronger evidence against your claim, and they may use complicated legal arguments to defeat your claim. The WAC can be a resource during this process if you cannot access legal representation.

• GOOD TO KNOW: It can take years for a human rights claim to make its way through the system. Be prepared to wait an extended period of time for hearing dates to be assigned and for judgements to be rendered by the Board of Inquiry.

Hearings are usually public, and the final decision is published on the Human Rights Commission’s website. However, the vast majority of Human Rights cases settle before going to a public hearing.