Human Rights Inquiry Settles

A complaint of discrimination on the basis of sexual orientation and sexual harassment, that was before a board of inquiry, has been settled.

The complainant, whose name is banned from publication, claimed that while employed at the Nova Scotia Youth Facility in Waterville, his co-workers and a supervisor sexually harassed him over a six-year period due to perceptions of his sexual orientation.

The institution, as part of the settlement terms, agreed to work with the Human Rights Commission to ensure that practices and services offered within the facility, and in particular to vulnerable groups such as homosexual young persons, are optimal. The settlement agreement does not address financial compensation.

The board chair, Cheryl Hodder has concluded the inquiry because of the settlement. In her decision, Ms. Hodder states the settlement is consistent with the purposes of the Human Rights Act and, in particular, with its goals of recognizing individual dignity, equality and the role of public agencies in protecting and promoting the equal opportunity of all persons in the province to enjoy a full and productive life.

Krista Daley, CEO of the Nova Scotia Human Rights Commission, said that settlement is the preferred approach to resolving human rights disputes. "The commission is pleased that the case was settled to the satisfaction of all parties. We look forward to continuing to work with Correctional Services on training their staff in the area of human rights."

Before the matter was settled, the inquiry heard evidence that the complainant was subjected to harassment but that he also participated in it. The employer's evidence showed that front-line management assumed that his participation meant he had consented and therefore it was not an offence under the Human Rights Act. The commission pointed out that the complainant was trying to fit in as a way of avoiding further harassment and questioning of his sexuality so his participation was therefore not true consent.