Board Dismisses Port Hawkesbury Woman's Human Rights Complaint

An independent human rights board of inquiry has dismissed Joan MacAulay's claim that she was discriminated against in employment because she is a woman.

Ms. MacAulay of Port Hawkesbury alleged that in 2003 she was passed over for a job as a carpenter for construction of a civic centre for the Town of Port Hawkesbury because she is a woman. Her complaint also named Tom Fiander, project manager, and Campbell MacLean, site supervisor for the construction project.

Board chair David MacDonald concluded the evidence did not support Ms. MacAulay's allegations.

"Ms. MacAulay's failure to get a job as a carpenter on the civic centre site was due to her lack of experience on commercial projects," wrote Mr. MacDonald in his decision. "Such proven experience was a bona fide qualification to [Campbell] MacLean."

The board also questioned the reliability of Ms. MacAulay's memory of allegations that sexist remarks were made toward her when she asked about employment prospects at the construction site.

"Her memory was, at times, poor and sometimes lapsed completely; her testimony was often evasive or convoluted; and her inconsistency was such that, at times, she completely contradicted herself," said Mr. MacDonald in his decision.

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 http://gov.ns.ca/humanrights/decisions/2008decisions.htm .