Human Rights Complaint Form and Guide IMPORTANT: NOTE TO COMPLAINANTS If you download and print the Contact Information Form and the Complaint Form, which are found at the back of this document, please print one-sided and print or type only on the printed side of the forms. The back sides of all pages of the forms should be left blank. The Commission will make this publication available in an accessible format upon request for people with disabilities who do not read conventional print. MARCH 2017 Contact the Alberta Human Rights Commission Northern Regional Office 800-10405 Jasper Avenue NW Edmonton, Alberta T5J 4R7 Confidential Inquiry Line 780-427-7661 Fax 780-427-6013 Southern Regional Office 200 J.J. Bowlen Building 620 - 7 Avenue SW Calgary, Alberta T2P 0Y8 Confidential Inquiry Line 403-297-6571 Fax 403-297-6567 To call toll-free within Alberta, dial 310-0000 and then enter the area code and phone number. TTY service for persons who are deaf or hard of hearing Toll-free within Alberta 1-800-232-7215 E-mail [email protected] Website albertahumanrights.ab.ca The Alberta Human Rights Commission is an independent commission of the Government of Alberta. Our mandate is to foster equality and reduce discrimination. We provide public information and education programs, and help Albertans resolve human rights complaints. The Human Rights Education and Multiculturalism Fund has provided funding for this publication. Guide — Page 1 of 15 What you will find in this document This document includes a guide and two forms, as noted below. Guide: Contact the Alberta Human Rights Commission . . . . . . . . . Making a human rights complaint . . . . . . . . . . . . . . . . . . . . Protected areas of discrimination . . . . . . . . . . . . . . . . . . . . . Protected grounds of discrimination . . . . . . . . . . . . . . . . . . . The complaint process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to fill out Complaint Contact Information form and the Human Rights Complaint Form . . . . . . . . . . . . . Guide — Page 1 Guide — Page 3 Guide — Page 6 Guide — Page 7 Guide — Page 9 Guide — Page 13 Forms: Complainant Contact Information . . . . . Contact Information Form — Page 1 Human Rights Complaint Form . . . . . . . . . Complaint Form — Pages 1 to 6 Please refer to How to fill out the Complainant Contact Information and the Human Rights Complaint Form on pages 13 to 15 of this guide to help you write your complaint. Contact the Commission if you have questions. See page 1 of this guide for contact information. Guide — Page 2 of 15 Making a human rights complaint The Alberta Human Rights Act (the Act) protects people from discrimination in Alberta under specific protected areas and grounds. Pages 6 to 8 of this guide briefly describe these protected areas and grounds. For more information about the Act and the protected areas and grounds, please contact the Alberta Human Rights Commission. See page 1 of this guide for contact information. If you feel your safety or the safety of anyone you name during the complaint process is at risk, please call your local police service first, then let the Commission know. Who can make a human rights complaint You can make a complaint if: 1. you have reasonable grounds for believing that the Act has been contravened (including if you believe that someone has discriminated against you); 2. another person believes, on reasonable grounds, that the Act has been contravened and agrees that you can make a complaint on their behalf; 3. someone has retaliated against you because you have participated in a human rights complaint or because you might participate in a complaint; or 4. you believe someone has made a frivolous or vexatious human rights complaint against you under the Act and their intent was malicious. See page 14 (Section C) of this guide for more information about retaliation and frivolous and vexatious complaints. Note that the Commission can only accept a complaint if: 1. the alleged contravention of the Act occurred in Alberta; 2. the complaint is not within the authority of the Canadian Human Rights Commission; and 3. the complaint is made within one year of the alleged contravention of the Act. Neither the Director of the Commission nor the Chief of the Commission and Tribunals has the discretion to extend the one-year limit defined in the Act. How to make a human rights complaint To make a human rights complaint, you can: 1. Use the guide and the attached complaint form or make your complaint in writing without using the attached form. See pages 13 to 15 of this guide to help you write your complaint in a letter to the Commission. 2. Contact the Commission in person or by telephone if you need help to submit a complaint and to ensure that your issues are covered under the Act. The Commission will not respond to general human rights inquiries sent by email. 3. Provide your completed complaint form to the Commission in person, by mail or by fax. Guide — Page 3 of 15 The Commission must receive your completed complaint form or letter within one year after the alleged contravention of the Act. The one-year period starts the day after the date on which the alleged contravention of the Act occurred. For help calculating the one-year period, contact the Commission. See page 1 of this guide for contact information. Neither the Director of the Commission nor the Chief of the Commission and Tribunals has the discretion to extend the one-year limit defined in the Act. There is no fee to make a complaint. You do not need to hire a lawyer to make a human rights complaint. However, if you choose to have someone give you legal advice or represent you, you are responsible for any legal costs. The Commission does not pay legal costs for either the complainant or the respondent. The Commission will provide information about the human rights complaint process, but staff members of the Commission do not provide any legal advice to either complainants or respondents. Information provided in this guide is not a legal opinion or legal advice on the Alberta Human Rights Act or your rights. After the Commission receives your complaint form or letter Any person who has reasonable grounds for believing the Act has been contravened can make a human rights complaint. When the Commission receives a complaint, it assesses the complaint to determine if it can be accepted. For a complaint to be accepted, it must meet the requirements set out in section 20(2) of the Act and in Commission bylaws 2(1) and 2(2), which may be accessed through the Commission’s website. In order to be accepted, a complaint must be received by the Commission within one year of the alleged contravention of the Act. The Commission cannot accept complaints made outside of this one-year limitation period. If the alleged contravention is of an ongoing nature, then the complaint should specify the time period that applies to the alleged contravention as a whole, and should identify the date of the most recent alleged contravention. Any events or allegations in a complaint that fall outside of this one-year period can only be considered for context. Note that neither the Director of the Commission nor the Chief of the Commission and Tribunals has the discretion to extend the oneyear limit defined in the Act. A complaint must contain adequate detail in order to be in “a form acceptable to the Commission” under bylaw 2(2). While complainants should provide as much relevant information as possible about the allegations, the following information is required in order for a complaint to be accepted: 1. the complainant’s name; 2. if the complaint is brought on behalf of someone else, the name(s) of the individual(s); 3. where the complainant is able to provide it, the name or names of any person, company, and/or organization alleged to have contravened the Act. Guide — Page 4 of 15 In order to satisfy requirements contained in section 20(1) of the Act and bylaw 2(1)(a), you must provide reasonable grounds for believing that the Act has been contravened. This means you must provide sufficient detail about the nature of the alleged contravention of the Act (for example, specifically who said or did what to you, and when) and explain why you believe any alleged contraventions of the Act are linked to a protected ground. Complaint forms must be signed by complainants, their authorized representatives, or legal counsel. The threshold is low for acceptance of a complaint by the Commission and at this stage, you do not need to provide evidence or witnesses to prove your allegations, but you should attach copies of any supporting documentation or other records that are relevant to the allegations made in the complaint. Resolving a complaint takes time. At every step of the complaint process, the parties are encouraged to find a resolution that is fair to both parties. If the Commission refuses to accept your complaint, we will notify you in writing and provide our reason(s) why the Commission cannot accept your complaint. If you do not agree with the Commission’s decision to not accept your complaint, you can appeal this decision to the Regional Director and, in turn, to the Director of the Commission. If the Commission accepts your complaint, we will send a copy of your complaint to the party or parties that you have made a complaint against. The Commission will ask the party or parties that you have made a complaint against to provide a written response to the complaint and explain their point of view about the alleged contravention(s) of the Act. A copy of the written response will be provided to you. More information about the complaint process To get more information about the complaint process, you can: 1. read pages 9 to 12 of this guide; 2. contact a Commission office (see page 1 of this guide for contact information); 3. read The Human Rights Complaint Process: A Guide for complainants; 4. read The Human Rights Complaint Process: A Guide for respondents; and 5. visit our website at albertahumanrights.ab.ca. Guide — Page 5 of 15 Protected areas of discrimination For more information about protected areas, see the Commission information sheet Protected areas and grounds under the Alberta Human Rights Act at The Alberta Human Rights Act protects people from discrimination in Alberta in the protected areas described below. Most complaints will take place in only one protected area, while many complaints will be based on more than one protected ground (see page 7 of this guide). Please note that the descriptions below are not legal definitions. They are guidelines to help you make your complaint. Employment applications or advertisements applies to the use or circulation of any job application form or job advertisement that expresses any limitation, specification or preference based on a protected ground under the Act. It also albertahumanrights.ab.ca applies to the written or oral questions asked of any applicants for employment. or contact the Commission. See page Employment practices applies to refusals to employ or to continue to employ any person due to a protected ground under the Act. It also applies to 1 of this guide for discrimination related to any term or condition of employment. contact information. Equal pay applies to situations where an individual receives a lower rate of pay than employees of a different gender even though they do similar or the same work for the same employer. Goods, services, accommodation or facilities applies to goods, services, accommodation or facilities customarily available to the public, such as those provided by restaurants, retail stores, hotels, hospitals, schools, municipalities and many other businesses and organizations. Membership in trade unions, employers’ organizations or occupational associations applies to situations where a person is excluded from becoming a member, is expelled or suspended from membership, or is discriminated against as a member. Statements, publications, notices, signs, symbols, emblems or other representations applies to the publication, issue or display before the public of any statement, publication, notice, sign, symbol, emblem or other representation that is discriminatory, shows an intent to discriminate, or is likely to expose anyone to hatred or contempt. Section 3 of the Act shall be not be deemed to interfere with the free expression of opinion on any subject. Tenancy applies to being denied occupancy of a self-contained residential dwelling unit or a commercial unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant. It also applies to being discriminated against in any term or condition of the tenancy. Guide — Page 6 of 15 Protected grounds of discrimination For more information about protected grounds, see the Commission information sheet Protected areas and grounds under the Alberta Human Rights Act at The Alberta Human Rights Act protects people from discrimination in Alberta based on the protected grounds listed below, whether the protected grounds are real or perceived. A complaint must be based on at least one of these protected grounds. Except where noted, the descriptions below are not legal definitions. They are guidelines to help you make your complaint. or contact the Commission. See the page 1 of this guide for contact information. 5 (tenancy) of the Alberta Human Rights Act are currently being amended to include age as a protected ground. The Act will be amended on or before January 6, 2018. Until the amendments are in place, the Commission will not accept human rights complaints based on the protected ground of age in the protected area of goods, services, accommodation or facilities or the protected area of tenancy. Age – as defined in the Act, means 18 years of age or older. Age is not protected in the area of tenancy or in the area of goods, services, accommodation or facilities. Age is protected in all other protected areas. albertahumanrights.ab.ca Please note: Sections 4 (goods, services, accommodation or facilities) and Ancestry – includes belonging to a group of people related by a common heritage. Colour – includes the colour of a person’s skin. Family status – as defined in the Act, means the state of being related to another person by blood, marriage or adoption. Gender – includes the state of being female, male, transgender or two-spirited. The ground of gender also includes pregnancy and sexual harassment. Gender identity – refers to a person’s internal, individual experience of gender, which may not coincide with the sex assigned to them at birth. A person may have a sense of being a woman, a man, both, or neither. Gender identity is not the same as sexual orientation, which is also protected under the Alberta Human Rights Act. Gender expression – refers to the varied ways in which a person expresses their gender, which can include a combination of dress, demeanour, social behaviour and other factors. Marital status – as defined in the Act, means the state of being married, single, widowed, divorced, separated or living with a person in a conjugal relationship outside marriage. Mental disability – as defined in the Act, means any mental disorder, developmental disorder or learning disorder, regardless of the cause or duration of the disorder. Physical disability – as defined in the Act, means any degree of physical disability, infirmity, malformation or disfigurement that is caused by injury, birth defect or illness and, without limiting the generality of the foregoing, includes Guide — Page 7 of 15 epilepsy, paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, and physical reliance on a guide dog, service dog, wheelchair or other remedial appliance or device. Place of origin – includes place of birth and usually refers to a country or province. Race – includes belonging to a group(s) of people, usually of a common descent, who may share common physical characteristics, such as skin colour. Religious beliefs – as defined in the Act, includes native spirituality. Sexual orientation – includes gay, lesbian, heterosexual, bisexual or asexual. Source of income – as defined in the Act, means lawful source of income. This ground includes any income that attracts stigma to its recipients. Guide — Page 8 of 15 The complaint process Once a complaint is accepted, the Commission keeps all parties to a complaint informed and welcomes questions at any time. The complainant is the person who makes the complaint. The respondent is the person, organization or association against whom the complaint is made. Together they are called the “parties” to the complaint. A brief outline of the human rights complaint process is provided below. For more detailed information, please contact the Commission. See page 1 of this guide for contact information. At any time during the complaint process, you may withdraw your complaint by informing the Commission in writing. At any time during the complaint process, the complaint may be referred to the Director of the Commission for review. Under section 22 of the Act, the Director may, at any time, dismiss or discontinue a complaint or continue the complaint, including referring a complaint to tribunal. Notifying the respondent After the Commission accepts your complaint, the Commission sends a copy of the complaint (excluding your contact information) to the respondent. The respondent has 30 days from the date when they receive the copy of the complaint to respond in writing to the Commission. Sharing the written response with the complainant The Commission sends a copy of the written response to the complainant. The Commission may request additional information from the parties at this stage. Additional information relevant to the complaint that is gathered from one party will be shared with the other party. The Commission may expedite a complaint to the attention of the Director after receiving the respondent’s response. This expedited process may be used for complaints that include sufficient information from the parties to allow the Director to dismiss or discontinue the complaint or continue with the complaint, including referring the complaint to a tribunal. The Commission will notify both parties if a complaint is expedited to the Director for a decision under section 22 of the Act. Conciliation Conciliation is a voluntary, non-adversarial way of resolving differences. The Commission may assign a conciliator to try to help the parties resolve their differences. The success rate of conciliation is high; more than half of complaints are resolved at the conciliation stage. The conciliator will help you understand the human rights issues in the complaint, human rights law and what types of resolutions are common in such complaints. Guide — Page 9 of 15 “Without prejudice” is a legal term that means any settlement offer or resolution attempt made during conciliation is confidential and will not be shared with anyone at the Commission outside of the conciliation process. The complainant and respondent may meet together with the conciliator, or each of you may meet with the conciliator separately or over the phone. The conciliator does not take sides or investigate the complaint. If the parties resolve their differences, the complaint is closed. If the parties cannot resolve their differences, or if one or both of the parties decline conciliation, the complaint may go to the investigation step of the complaint process, or it may be referred to the Director for review. Under section 22 of the Act, the Director may, at any time, dismiss or discontinue the complaint or continue the complaint, including referring the complaint to a tribunal. All offers of resolution made by the parties during conciliation are made on a “without prejudice” basis. The investigator will not know what offers of resolution were discussed during conciliation. Investigation The purpose of the investigation is to gather information related to the complaint, share collected information with the parties, seek their comments and assess whether there is a reasonable basis to proceed with the complaint. The Commission will inform the parties if an investigator is assigned. The investigator is neutral and will thoroughly assess all information and consider applicable law. If the parties want to try to resolve their differences at any point in the investigation process, the complaint may be returned to conciliation. The complainant may also withdraw the complaint in writing at any time and for any reason. If an investigation report is produced, it will be provided to both parties and either support the complaint and recommend that there is a reasonable basis to proceed, or it will recommend to the Director that there is not a reasonable basis to proceed. Alternatively, during the investigation, the complaint may be expedited to the Director of the Commission, who may decide at any time to dismiss or discontinue the complaint or continue with the complaint, including referring the complaint to a tribunal. The Commission will notify both parties if a complaint is expedited to the Director for a decision under section 22 of the Act. What happens if there is a reasonable basis to proceed? If the information provided by the parties during any stage of the complaint process shows that there is a reasonable basis to proceed to the next step, the Commission may ask the parties to attempt settlement (commonly referred to as resolution). A remedy can be financial or non-financial compensation for losses that the complainant experienced. A remedy is intended to restore the person who experienced the discrimination to the position they would have been in if a contravention of the Act had not occurred. It is not intended to punish the respondent. Some examples of remedies include money, an apology, a change in policy, and participation in a human rights education activity. If a complaint is resolved, the Commission will have the parties sign an agreement. For more information about remedies, please see the Commission’s Remedy information sheet, which is available at albertahumanrights.ab.ca. Guide — Page 10 of 15 If the parties agree to resolve the complaint at any time, the parties should document and sign the agreement and provide a copy of the signed agreement to the Commission. Alternatively, the complainant can choose to provide the Commission a signed withdrawal of the complaint. Once the Commission receives either of these documents, it will close the complaint. If the complainant refuses to accept an offer from the respondent to resolve the complaint that the Director of the Commission thinks is fair and reasonable, the Director can discontinue the complaint. If the complaint is discontinued, it will be closed unless the complainant requests the Chief of the Commission and Tribunals to review the Director’s decision (commonly referred to as an appeal). If the respondent does not offer a remedy that the Director of the Commission considers fair and reasonable, the Director may report to the Chief of the Commission and Tribunals that the parties are unable to resolve the complaint. The Chief of the Commission and Tribunals then appoints a human rights tribunal to hear the complaint. What if there is no reasonable basis to proceed? If the information provided by the parties during any stage of the complaint process does not show that there is a reasonable basis to proceed with the complaint, the Director of the Commission may dismiss the complaint under section 22 of the Act. What if the complainant disagrees with the Director’s decision to dismiss or discontinue the complaint? If the complainant disagrees with the Director’s decision to dismiss or discontinue the complaint, the complainant can make a written request to ask the Chief of the Commission and Tribunals to review (commonly referred to as an appeal) the Director’s decision. The complainant must make the request within 30 days of receiving the Notice of Dismissal or Notice of Discontinuance. This 30-day deadline cannot be extended by either the Director or the Chief of the Commission and Tribunals. For more information about how to request a review, see the Commission’s information sheet Complaint Process. If the Chief of the Commission and Tribunals agrees that the complaint should have been dismissed or, in the case of a discontinuance, that a proposed resolution was fair and reasonable, then the Director’s decision will be upheld and the complaint will be closed. If the Chief of the Commission and Tribunals decides that the complaint should not have been dismissed or, in the case of a discontinuance, that the proposed resolution was not fair and reasonable, then the Director’s decision will be overturned. The Chief of the Commission and Tribunals will then ask the complainant if they want to take the complaint to a human rights tribunal. If the complainant chooses to take their complaint to a human rights tribunal, then the Chief of the Commission and Tribunals appoints a tribunal. If the complainant does not choose to take their complaint to a tribunal, then the complaint is closed. Guide — Page 11 of 15 A decision by the Chief of the Commission and Tribunals to uphold or overturn the dismissal or discontinuance of the complaint is final and binding, subject only to judicial review by the Court of Queen’s Bench. A judicial review involves particular legal principles and is not simply an appeal of the decision. A complainant must bring an application for judicial review within six months of the decision of the Chief of the Commission and Tribunals. Referral to Tribunal A complaint may be referred for hearing to a human rights tribunal: if the parties are unable to resolve a complaint and the Director has determined there is a reasonable basis in the evidence to proceed; if the Chief of the Commission and Tribunals overturns the Director’s decision to dismiss a complaint; or, in the case of discontinuance by the Director, if the Chief of the Commission and Tribunals believes that the proposed resolution was not fair and reasonable. A human rights tribunal is made up of one or three Members of the Commission, who are appointed by the Lieutenant Governor in Council. The tribunal acts as a quasijudicial body—that is, they have the power to hear sworn evidence and decide a complaint, but their hearings are less formal than a court hearing. Tribunal hearings are usually open to the public. More information about the tribunal process can be found on the Commission website. Guide — Page 12 of 15 How to fill out the Complainant Contact Information and the Human Rights Complaint Form If you download and print the Contact Information form and the Complaint Form, please print one-sided and print or type only on the printed side of the form. The back sides of all pages of the forms should be left blank. Remove the Complainant Contact Information form and the Human Rights Complaint Form (Complaint Form) from this document. If you are printing rather than typing, please use a pen and print neatly. Do not use pencil. Complete the Complainant Contact Information form. Complete the Complaint Form. Follow the instructions to sign and date the form and any pages that you attach to the form. Also, number any pages that you attach to the form and state the total number of pages you are including. Submit the Complaint Form, including the Complainant Contact Information, to the Commission. Ensure that you leave enough time for the Commission to receive your Complaint Form before the one-year time limit under the Act. You may deliver your Complaint Form and Complainant Contact Information form to the Commission in person, by mail or by fax. Be sure to let the Commission know if your mailing address, phone number or other contact information changes. It may take some time to process your complaint. However, if you do not maintain current contact information with the Commission, your complaint may be closed or dismissed. Use the instructions on pages 14 and 15 and the information provided throughout the guide to help you complete each section on the Complaint Form. Each lettered section below refers to the corresponding lettered section on the Complaint Form. The Commission must receive your human rights complaint within one year after the alleged contravention of the Act occurs. Guide — Page 13 of 15 A Print or type your name in section A. If you are making a complaint on behalf of someone else, include their name in the box below your name. Whether you are complaining for yourself or making a complaint on behalf of someone else, you are the complainant. Please note that you can have someone help or represent you, including being the contact person for your complaint, however, you are still the complainant. B Print or type the respondent’s name in section B. If there is more than one respondent, please add an extra page to your form with the name, address and phone number of each additional respondent. It is important to properly identify the name of the business or organization. To locate this information, you can refer to items like records of employment, pay stubs, business cards, letterhead and telephone listings. If your complaint is in the protected area of employment, you must name your employer. Typically, you will have only one employer, but if you have questions regarding who your employer is or whether you have more than one employer to name in the complaint, contact the Commission for clarification. See page 1 of this guide for contact information. If your complaint involves a protected area other than employment, you should name the business, organization or individual that you are complaining about. C Complete section C only if your complaint falls into one of these categories: 1. Retaliation: It is unlawful for anyone to retaliate against you because you have participated in a human rights complaint or because you might participate in a complaint. Participation could include trying to make a complaint by contacting the Commission, making a complaint to the Commission, giving information about a complaint, or helping someone make a complaint to the Commission. If you believe someone has retaliated against you because you participated in a human rights complaint, complete section C. 2. Frivolous or vexatious complaint with malicious intent: It is unlawful for a person to make such a complaint. This would happen if a person makes a human rights complaint to the Commission with malicious intent. If the complaint is made with malicious intent, it must also be frivolous (having no merit whatsoever) or vexatious (made with the sole purpose of harassing another person). If you believe someone has made such a complaint against you, complete section C. Guide — Page 14 of 15 D Discrimination may take place in more than one protected area. To complete this section, see page 6 of this guide or contact the Commission for more information about protected areas and grounds. See page 1 of this guide for contact information. Check () the protected areas in which you believe a contravention of the Act took place. E Discrimination may be based on one or more protected grounds. To complete this section, see pages 7 and 8 of this guide or contact the Commission for more information about protected areas and grounds. See page 1 of this guide for contact information. Check () the protected grounds on which you believe a contravention of the Act took place. F The statement that you give in section F supports your complaint under the Act and helps the Commission decide if it can accept your complaint. It is important that you clearly describe in as much detail as possible each alleged contravention of the Act (each alleged incident of discrimination) you are claiming. Describe how each allegation relates to the protected areas and grounds you checked in sections D and E. If you add extra pages, please sign, date and number each of the extra pages. G Have you taken any other action related to your complaint, such as grievance proceedings or a court action? If so, and if these proceedings or actions cover the same or substantially the same issues as your human rights complaint, please provide details in this section and supporting documentation. Please remember to complete the Complainant Contact Information form and submit it to the Commission with your Human Rights Complaint Form. Guide — Page 15 of 15 Complainant Contact Information Clear whole form This is our record of your address and phone number. If any of your personal contact information changes during the complaint process, it is your responsibility to inform the Commission. If you do not maintain current contact information with the Commission, your complaint file may be closed or dismissed. First name of complainant Last name of complainant Mailing address Town or city Home phone number (include area code) Work phone number (include area code) Province Postal code May we contact you at work? Daytime phone number (include area code) Yes No Cell phone number (include area code) Email address If you are making a complaint on behalf of another person, you must provide their contact information below. First name of person Last name of person Mailing address Town or city Home phone number (include area code) Cell phone number (include area code) Work phone number (include area code) Province Postal code May we contact this person at work? Daytime phone number (include area code) Yes No Email address The personal information collected on this form is for the purpose of contacting you during the proceedings of your human rights complaint only. Your personal contact information will not be given to any person or organization outside the Commission, except as authorized by the Freedom of Information and Protection of Privacy Act. The Commission will not give your personal contact information to the respondent named in your complaint. The Alberta Human Rights Act authorizes collection of this information. If you have any questions or concerns about the collection of this information, contact the Commission. Contact Information Form — Page 1 of 1 Human Rights Complaint Form For office use only Date received Clear whole form Before you complete this form: If you download and print the Contact Information form and the Complaint Form, please print one-sided and print or type only on the printed side of the form. Do not write on the back sides of the pages of the forms. They should be left blank. Please see pages 13 to 15 of the guide for detailed instructions. Please use a pen. Do not use pencil. Completing this form does not mean that your complaint has been accepted. The Commission must receive your complaint within one year after the alleged contravention of the Alberta Human Rights Act. The alleged contravention must have occurred in Alberta. Contact the Commission if you need help to complete this form. See page 1 of the guide for contact information. If you feel your safety or the safety of anyone you name during the complaint process is at risk, please call your local police service first, and then let the Commission know. A Your name (You are the complainant.) See Guide — Page 14 item A before completing this section. First name Last name Complete this box if you are making a complaint on behalf of someone else. Name of that person First name Last name The person on whose behalf you are making a complaint should sign on the line below to show that they agree that you can make the complaint. Signature B Who are you complaining about? (This is the respondent.) See Guide — Page 14 item B before completing this section. Name of business, organization, association or person Street or mailing address Town or city Province Postal code Telephone number (include area code) If there is more than one respondent, check this box . Be sure to add the name and contact information of additional respondents on an attached page. For office use only Protected area(s) Complaint deemed to meet the Commission requirements for acceptance based on information received as of ___________________________________ Section number(s) Date reviewed Protected grounds(s) File number Human Rights Officer Complaint Form — Page 1 of 6 Clear whole form C Complete section C only if you are making a complaint because you believe: • someone retaliated against you because you participated in a human rights complaint, or • someone made a frivolous or vexatious human rights complaint about you to the Commission with malicious intent. See Guide — Page 14 item C before completing this section. Please check ( ) only the item that applies to this complaint. retaliation a frivolous or vexatious complaint made with malicious intent Write a statement to explain what happened. Answer the questions that apply: 1.What has made you believe someone is retaliating against you because you participated in a human rights complaint? What incidents have occurred to make you believe this? When did these incidents occur? 2.What has made you believe that someone made a frivolous or vexatious human rights complaint about you to the Commission with malicious intent? What incidents have occurred to make you believe the complaint was frivolous or vexatious? When did these incidents occur? What makes you think there was malicious intent? If you need more space, please add additional pages, and remember to sign, date and number each page. Call the Commission if you have questions. continue on next page Complaint Form — Page 2 of 6 Shaded area for Alberta Human Rights Commission only Clear whole form D Identify the protected area(s) in which the alleged contravention of the Act took place. See Guide — Page 15 item D before completing this section. ) only those protected areas that apply to this complaint. Please check ( Employment applications, advertisements or interviews Employment practices Equal pay Goods, services, accommodation or facilities Membership in a trade union, employers’ organization or occupational association Statements, publications, notices, signs, symbols, emblems or other representations Tenancy E Identify the protected ground(s) based on which the alleged contravention of the Act took place. See Guide — Page 15 item E before completing this section. ) only those protected grounds that apply to this complaint. Please check ( Age Ancestry Colour Family status Gender (includes male, female, transgender, sexual harassment, pregnancy) Gender expression Gender identity Marital status Mental disability Physical disability Place of origin Race Religious beliefs Sexual orientation Source of income Complaint Form — Page 3 of 6 Clear whole form F Write a statement to support your complaint. See Guide — Page 15 item F before completing this section. Please include all of the following information: 1.Where in Alberta did the alleged contravention of the Act take place? For example, in what city or town or elsewhere in Alberta? 2.When did the alleged contravention of the Act take place? What incidents happened in the last year? Provide dates (day, month and year) and details. 3.Tell us what happened and how it relates to a protected ground. • How were you treated negatively, or differently from the way others were treated? • What incidents have occurred to make you believe that this treatment was linked to the protected ground(s) that you checked in Section E? Include dates. • Please provide details and supporting documents for each protected ground you have checked in Section E, and call us if you have any questions. • Please write your information in chronological order. continue on next page Complaint Form — Page 4 of 6 Shaded area for Alberta Human Rights Commission only Clear whole form If you need more space, please add additional pages, and remember to sign, date and number each page. Complaint Form — Page 5 of 6 Clear whole form G Have you taken any other action related to your complaint, such as grievance proceedings or a court action? If so, and if these proceedings or actions cover the same or substantially the same issues as your human rights complaint, please provide details in this section and include supporting documentation. See Guide — Page 15 item G before completing this section. If you need more space, please add additional pages, and remember to sign, date and number each page. Complainant’s signature Date The Alberta Human Rights Commission may not accept your complaint if information is missing or if you do not sign this form. Please sign, date and number each page you add to the form and state the total number of pages included. Complaint Form — Page 6 of 6
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