COMPLAINT RESOLUTION

INTAKE

The Saskatchewan Human Rights Commission begins its complaint process with an intake stage, where individuals submit details about an incident of alleged discrimination via an Intake Questionnaire.

The intake process is standardized to ensure that all inquiries are handled fairly, efficiently, and in accordance with The Saskatchewan Human Rights Code, 2018.

Cynthia’s Story
Cynthia*, a pregnant employee, provided her employer with a medical note restricting her from heavy lifting and exposure to harmful chemicals.

The next day Cynthia felt ill and returned to her doctor, who provided another note recommending a one-week leave. When Cynthia was ready to return to work, she checked the schedule and discovered she had no upcoming shifts.

Cynthia asked her employer about this and they told her they removed from the schedule because she could no longer perform her job duties.

Cynthia filed a human rights complaint, alleging discrimination based on sex. Under The Saskatchewan Human Rights Code, 2018, pregnancy-related discrimination is prohibited and considered a form of sex discrimination.

An SHRC Intake Consultant reminded the employer they had offered Cynthia an alternative role, but she declined it because of its physical demands. With no other suitable positions available, the parties agreed Cynthia would start maternity leave early.

The employer provided the necessary paperwork, Cynthia was satisfied with the outcome, and the case was closed.

MEDIATION

Mediation is a standard part of the resolution process that helps complainants and respondents resolve complaints.
A collaborative, conciliatory approach is used to help the parties understand each other’s perspectives. This often leads to more effective communication, allows each party to directly address the concerns raised, and gives them greater control over how the issue is resolved.

Becky’s Story
Becky*, an Indigenous woman, applied for a managerial position with a local business. During the interview, the interviewer mentioned they need an Indigenous woman in their sales department for “diversity” purposes.

A couple of days later, the organization contacted Becky. They told her the managerial position had been filled but offered her a job in sales.
Becky declined the offer and filed a human rights complaint. She believed the organization had discriminated against her on the basis of race and/or sex.

Under The Saskatchewan Human Rights Code, it is generally considered discriminatory to make employment decisions based on race, gender or other protected characteristics – unless a legal exemption applies. Even if the intention is positive (i.e. promoting diversity), explicitly stating a preference for a specific race or gender during an interview can be problematic.

During the hiring process, employers should avoid asking questions or making statements involving Code-protected characteristics and, instead, focus only on skills, experience, education, and ability to perform job duties.

Resolution
The employer offered to compensate Becky for damage to dignity and issued a letter of apology for the misunderstanding. Becky accepted the offer and issued a letter of apology for a social media post she made about the employer.

INVESTIGATION

In an investigation, an impartial SHRC investigator interviews witnesses and reviews records to determine what occurred. Once the investigation is complete, the investigator forwards the case to the Chief Commissioner, who decides whether to pursue mediation, dismiss the case, proceed to a hearing, or resolve the matter through alternative means.

Taylor’s Story
Taylor* is a person with a disability. He requested accommodation from his employer. With input from his doctor and insurer, an accommodation agreement was reached that included a lighter workload, increased administrative assistance, and mediated sessions with colleagues regarding workplace harassment.

Over the course of the next year, however, Taylor alleged that his employer neglected to follow the terms of the agreement.

The situation came to a head when the employer assigned Taylor a workload that aggravated his disability-related condition.

Soon after, Taylor was suspended from work without pay.

While suspended, Taylor filed a human rights complaint with the Commission. He had reason to believe his employer had discriminated against him on the basis of disability.

Under The Saskatchewan Human Rights Code, employers have a duty to reasonably accommodate employees with disabilities unless doing so would cause undue hardship.

The duration of an accommodation agreement depends on the employee’s medical condition and the nature of the accommodation, which can range from temporary to long-term.

Resolution
The matter was resolved in Investigation with the employer offering to compensate Taylor for damage to dignity. The employer also agreed to:

• Provide severance pay, a retraining allowance, and a retiring allowance,
• Seal the complainant’s personnel file and destroy all of Taylor’s medical records in their possession, and
• Provide Taylor with an employment letter.

Taylor accepted the offer and the file was closed.

DIRECTED MEDIATION

In most cases, parties will be instructed to attempt one more mediation before a hearing occurs. During this Directed Mediation, the respondent – often with the assistance of legal counsel – submits a final resolution offer. If the Commission determines this offer is reasonable but the complainant rejects it, the Chief Commissioner can dismiss the complaint. However, if the respondent fails to make a reasonable offer, the Chief Commissioner will direct the matter to proceed to hearing. Most complaints that are on track for hearing at the Court of King’s Bench are usually resolved through Directed Mediation.

Gabriel’s Story
Gabriel*, a Black African-Canadian, works at a local restaurant where the majority of managers and employees are not of African-Canadian descent.

Throughout most of his employment, Gabriel alleged that he experienced a pattern of differential treatment. He reported these ongoing concerns to management through formal letters. His concerns included being paid less than colleagues in the same position and being repeatedly passed over for promotions despite having seniority. In some instances, Gabriel was asked to train the promoted employees and to temporarily fill these positions during absences, yet was never promoted himself.

After his concerns were not adequately addressed by management, Gabriel filed a human rights complaint under section 16 of The Saskatchewan Human Rights Code. He alleged discrimination based on race, place of origin, and/or nationality.

The Commission accepted the complaint. The matter was resolved through Directed Mediation.

Resolution
The employer offered to compensate Gabriel for damage to dignity and provide back pay to address the wage disparity. Gabriel accepted this offer and maintained his employment at the restaurant.

*All names in the Complaint Resolution section have been changed.