The details of the allegations (with the exception of your personal contact information) will be sent to the person or business you are complaining about.
Section 20 of the Human Rights Act protects you from retaliation if you’ve made a complaint, given evidence in a complaint or helped in respect of the initiation or furtherance of a complaint. This means that you’re protected once your complaint is accepted by the Commission, even if it hasn’t been officially sent to the person you’re complaining about. However, you will need to prove that the person who retaliated against you knew that the complaint was accepted. You can file another human rights complaint against the person or business who treated you unfairly.
Yes, section 25(5) of the Human Rights Act allows a Complainant to withdraw the complaint at any time before the beginning of a hearing.
The Complainant is the person who thinks they were discriminated against or harassed. You are the Complainant.
The Respondent is the person/company/business/organization or association you are complaining about. You think the Respondent discriminated against or harassed you. There can be more than one Respondent.
Perceived Disability: you have or have had a disability; are believed to have or have had a disability; or have or are believed to have a predisposition to developing a disability.
Disfigurement: you have burns, scars or other disfiguring conditions that are visible, but that do not cause any functional limitations. It is not meant to cover piercing or tattooing, unless for religious or cultural reasons.
Sex: your classification as male, female or intersex based on biological attributes, such as external genitalia, reproductive organs, chromosomes and hormones. Generally, individuals are assigned a sex at birth by a medical professional, often on the basis of their external genitalia. The prohibited ground of sex also includes those that are pregnant or breast-feeding.
Sexual orientation: your physical, romantic and/or emotional attraction to another person.
Gender identity: your internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum.
Gender expression: how you publicly present or express your gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person’s chosen name and pronoun are also common ways of expressing gender.
Marital status: your status of being single, engaged to be married, married, separated, divorced, widowed or in a common law relationship. The prohibited ground of marital status also protects you from discrimination because of the identity of the person you are in a relationship with.
Family status: The Human Rights Act defines family status as the status of being in a parent and child relationship. A “child” includes a stepchild and an adopted child and “parent” includes a step-parent and an adoptive parent. The prohibited ground of family status protects you from discrimination if you have special child care or elder care responsibilities.
Source of income: The Human Rights Act defines source of income as being in receipt of income or employment support under the Income and Employment Support Act.
Political Opinion: your political belief or support of a political party. Also includes non-partisan or politically neutral beliefs.
Conviction for an offence: you were discriminated against because of the conviction for an offence that is unrelated to your employment. The prohibited ground of conviction for an offence only applies when you are looking for a job or at work.
Association with other individuals: because of your friendship, kinship or other relationship with an individual or a group of individuals identified by one of the prohibited grounds.
Retaliation: you were discriminated or harassed because you previously filed a human rights complaint.
During mediation, either party can make an offer or suggest an idea for settlement on a “without prejudice” basis. This means that the offer or idea cannot be used later in the investigation process if a complaint is not settled, unless the party making the offer wants it to become part of the file.
Discrimination means treating someone unfairly because of their personal characteristics. Section 9 of the Human Rights Act lists the personal characteristics that are protected in Newfoundland and Labrador. These personal characteristics are also called prohibited grounds. In law, discrimination is defined as a “distinction, whether intentional or not, which is related to certain personal characteristics and which imposes a burden, disadvantage or limits access to opportunities in some way”. Ontario (Human Rights Commission) and O’Malley v. Simpson-Sears, [1985] 2 S.C.R. 536 at p. 329 You do not need to prove that a person intended to discriminate. Sometimes, it is the effect of the unfair treatment which is most important. If the effect of the unfair treatment is to impose on one person or group of persons, obligations, penalties, or restrictive conditions not imposed on other members of the community, it is discriminatory.
Section 20 of the Human Rights Act protects you from retaliation if you’ve made a complaint, given evidence in a complaint or helped in respect of the initiation or furtherance of a complaint. This means that you’re protected once your complaint is accepted by the Commission, even if it hasn’t been officially sent to the person you’re complaining about. However, you will need to prove that the person who retaliated against you knew that the complaint was accepted. You can file another human rights complaint against the person or business who treated you unfairly.
No, the Human Rights Commission deals with complaints in a way that is independent, unbiased and neutral. The Commission does not represent the Complainant or the Respondent.
You have certain responsibilities as a Complainant. If you fail to participate in the complaint process, we will assume you no longer want to continue. Your complaint may be considered withdrawn and the file closed.
Human Rights Commissioners promote an understanding of, acceptance of and compliance with the Human Rights Act. They also attend regular meetings and make decisions about complaints, special programs and the strategic direction of the Human Rights Commission. They act more like a volunteer board of directors and do not work in the Human Rights Commission’s office.
Commissioners have experience and an interest in and sensitivity to human rights. They know about the concerns of vulnerable or marginalized groups, public policy, social values, and concepts of fairness, justice and public service. The Lieutenant-Governor in Council appoints Commissioners for a 5 year term. One member is designated as Chair.
Human Rights Commissioners review complaints after an investigation is complete. The Commissioners decide if there is “sufficient evidence” to send a complaint to a hearing. It is a screening function only. Human Rights Commissioners do not make findings of discrimination or harassment. That is the job of an Adjudicator at a human rights hearing.
Human Rights Commissioners first review all the available evidence. They use their experience, common sense and knowledge of human rights to decide if there is “sufficient evidence” to send a complaint to a hearing. A complaint can be dismissed if there is not enough evidence to support the allegations or there is a non-discriminatory reason for the Respondent’s conduct.
Human Rights Commissioners meet and review complaints 4-5 times a years. If there is an urgent matter, they can hold meetings by conference call to speed up complaints.
If a complaint is dismissed, a Complainant can seek judicial review of the decision in the Supreme Court of Newfoundland and Labrador, General Division.
Contact Us
Phone: 709-729-2709
Toll-Free: 1-800-563-5808
Fax: 709-729-0790
E-mail: humanrights@gov.nl.ca
St. John’s, NL
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