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3.3 Complaints

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An individual or group of individuals may file a complaint with the Commission if there are reasonable grounds for believing that a person has engaged in or is engaging in a discriminatory practice. The discriminatory act or omission must have occurred —

• in Canada, and the aggrieved person must have been lawfully present in Canada or, if absent, must have been entitled to return;

• outside Canada, and the person discriminated against must havebeen a Canadian citizen or a person admitted for permanent residence; or

• in Canada, and must have been a discriminatory practice against a class of individuals rather than one person in particular (e.g., discriminatory advertisements, discriminatory employment policies, and hate literature).

After the complaint has been filed, the Commission may request the president of the human rights tribunal panel to appoint a human rights tribunal to look into the complaint. As a result of such an inquiry, a person may be ordered to —

• cease the discriminatory practice and take measures to prevent a similar practice from occurring in the future, including the adoption of an affirmative action plan;

• make available the rights, opportunities, or privileges that were denied the victim as a result of the discriminatory practice; or

• compensate the victim for lost wages and any expenses incurred as a result of the discriminatory practice.

In Canada, as in the United States, the emphasis is on fair and consistent treatment of all potential and current employees. Common sense and fair dealings should prevail in any of your recruitment, interviewing, and selection procedures.

Take steps now to prevent problems from occurring. Make sure that your hiring practices are fair, equitable, and consistent.

Employee Management for Small Business

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