Screening Stage Showdown: Increased Odds Of Complaints Going To Hearing

This ruling implies that human rights complaints are more likely to proceed to a hearing when credibility is a significant factor. It is crucial for employers to be prepared for such situations and ensure they gather sufficient evidence to support their account and address any potential credibility issues. When there is conflicting evidence, human rights complaints should not be dismissed outright but rather referred to a hearing where a wider credibility assessment can take place.

A recent case provides guidance on the Alberta Human Rights Commission (AHRC)'s ability to dismiss complaints without a hearing and circumstances where the Director may weigh credibility at the screening stage of the complaints process.