Construction Company to Compensate Man for Racial Discrimination

An independent board of inquiry has ordered Falkenham Backhoe Services to compensate a former employee for the effects of racial discrimination on the job.

Lionel Gough of Halifax filed a complaint with the Nova Scotia Human Rights Commission in 2004 alleging that he had been subjected to racial slurs and comments from both management and his co-workers while employed with Falkenham Backhoe Services. He alleged that the racial discrimination had resulted in physical and psychological symptoms which eventually required him to leave the company.

In her decision, board chair Cheryl Hodder concluded that "Mr. Gough's race was an operative element in the conduct of his employer Falkenham and his co-workers toward him." She accepted that "Falkenham has not demonstrated any rational or credible justification for the conduct of its employees."

Falkenham has been ordered to pay Mr. Gough 20 weeks of lost wages plus interest as well as $8000 in general damages. They are also required to conduct sensitivity training for all employees regarding the harmful effects of racial discrimination and to develop a harassment policy for submission to the commission.

A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the provincial court selects a board chair from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board.

Evidence collected during investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether discrimination has occurred.

All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.

A copy of the decision is available on the commission's website at gov.ns.ca/humanrights/decisions/2007decisions.htm.