How to file a discrimination claim in private litigation firms?
There are two basic steps to take: a complaint must be made to a court or a tribunal, and a complaint can only be filed in one case.
This article explains what to expect when it comes to filing a discrimination complaint in private firms.
Complaint to a tribunal or court If you are an individual, you may be able to bring a discrimination discrimination claim against a firm if it discriminates against you because of your race or national origin.
You will need to bring the complaint to the tribunal or to the court, which is usually an individual court.
If you do not want to bring it to the individual court, you can either file a complaint in person or file a petition to the federal or provincial Human Rights Tribunal.
Complain to a federal or federal jurisdiction The federal courts of Canada and the courts of Manitoba and Ontario are both considered part of the federal government.
If your complaint is against a federal jurisdiction, you will have to follow a specific procedure to file your complaint.
To make your complaint to a provincial court, call 1-800-621-8283 or 1-888-687-2273.
The province has a similar procedure to filing discrimination complaints.
To be able get a response, you must send the complaint directly to the provincial or federal government, or you can request a copy.
If the provincial court does not receive the complaint within the required timeframe, you are advised to seek legal advice from an attorney.
If a complaint is not accepted, you should contact the Federal Equal Opportunity and Affirmative Action Commission, which will then decide whether to investigate.
For more information on filing a complaint with the federal and provincial governments, read How to File a Discrimination Claim in Private Law Firm.
Responding to your complaint If you want to respond to your discrimination complaint, you have to file it with the tribunal.
The tribunal will decide whether or not to investigate the complaint.
The process is a little different for federal discrimination complaints, as federal laws apply to all Canadian provinces and territories, including the federal territories of Nunavut and the Northwest Territories.
If there is a complaint that has been filed against a Canadian federal office or agency, you need to contact the tribunal directly to ask for a decision.
The federal government has a process for responding to complaints in private cases.
If no action is taken within 24 hours, the federal minister can take the complaint further.
If more than 24 hours have passed, you then have to send your complaint by mail to the Tribunal at the address on the form, and the tribunal will make a decision on whether or in what manner to investigate your complaint, or if they will accept it or decline it. 4.
How to get your complaint heard In order to hear a discrimination case, you’ll need to fill out the form.
The form can be downloaded from the Tribunal’s website at: www.treasury-gc.gc.ca/federal-treasury/complaint-filing-forms/complaints-filed.pdf.
If it is not available to you on the website, you might be able contact the federal department responsible for handling your complaint online.
In order for your complaint in a private firm to be heard, the tribunal must make a determination.
It will also need to hear from the complainant, but the tribunal may not hear from all of the witnesses.
If any of the following apply, your complaint may not be heard: you have a reason for believing your complaint was not taken seriously or the complainant has not provided the evidence you requested