If you as an owner or manager are accused of discrimination, whether verbally or in writing, the first thing to do is to take a deep breath. This may have happened as a result of a business decision, or a comment that was taken the wrong way, or it may relate to something that you have absolutely no knowledge of. An allegation of discrimination does not automatically mean that you are guilty, but it does mean that you should act quickly to avoid any further trouble.
Consult with your employment lawyer to determine next steps. We help our clients assess the state of an allegation, whether it has been made verbally or in writing as a ‘warning shot’, or whether the employee has proceeded to file a civil claim or a complaint to the Human Rights Tribunal. If legal proceedings have not commenced then we may be able to help unwind the situation through some workplace remediation and enhanced training, and potentially other measures as well. If legal proceedings have commenced, we can represent you and assist you in compiling the necessary evidence to support your position before a court or tribunal.
