Tips for making a successful discrimination complaint

Complaints against discrimination are made in provincial Human Rights courts. All persons, regardless of profession, are protected by federal and provincial Human Rights codes. If you’re not sure you want to make a claim, are not sure about what it involves, or are not sure you have enough grounds on which to make a claim, check out our other post about How to make a discrimination complaint.

What can help support your claim:

  • Establishing your credibility and reliability.
    • Strippers who are seen as credible complainants are more successful in court. This can include proof of your good work ethic and/or proof of your experience and ability to do the job well.
  • Documenting club’s discriminatory practices.
    • Document ongoing practices of discrimination within the club (e.g., quotas for hiring Black and/or racialized women).
  • The Court does not accept “customer preference” as a reason for clubs to discriminate against (e.g., fire or bar from working) strippers.
  • You need evidence to support your claim.
    • Witness statements, texts, emails, live or written testimonies, and detailed notes about interactions and events are needed to support your claim.
  • Most successful cases have legal counsel or representation.
    • It is best to have someone who understands the legal system counsel and/or represent you through this process. You may have to pay for these services yourself, however you may qualify for legal aid.

What can hurt your claim:

  • Acting unreliably or untrustworthy as a complainant.
    • If you provide false information on the Human Rights application or the evidence presented to the Human Rights Court, you can be seen as a discreditable witness (e.g., questionable witness statements or false tax documentation to claim lost income).
    • Claiming an amount of lost income in court that is different from (i.e., less than) what you filed on your income taxes.
  • Not respecting the Court.
    • If you fail to maintain communication with the Court during the filing process, or do not show up to your Court date, your case will be dismissed.
  • Waiting too long to file.
    • In most provinces in normal circumstances, human rights claims cannot be filed more than 1 year after the incident.

If you file a claim, let us know how it goes!

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