Physical Disability Complaint Dismissed

A complaint of discrimination on the basis of physical disability filed by a Digby woman has been dismissed by an independent human rights board of inquiry.

Susan Davis filed a complaint in 2004 with the Nova Scotia Human Rights Commission. She alleged that her employment with T.L.C. Animal Shelter was terminated because she was no longer able to do her job as a result of having macular/retinal degeneration.

In his decision, board chair Robert Stewart concluded that evidence presented to the hearing did not meet the burden of proof required to establish a case of discrimination. The board also dismissed two additional allegations of retaliation made by Ms. Davis.

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.