Tribunal declines late-filed complaint from gay man allegedly called a “fucking faggot”

    1 of 1 2 of 1

      Damian Bass has alleged that he was called a “fucking faggot” at work.

      The gay man also claimed that he was likewise called other disparaging names a number of times.

      Bass believes that he was discriminated against in his employment with the B.C. Liquor Distribution Branch (LDB) because of his sexual orientation.

      The long-time auxiliary worker brought the matter before the B.C. Human Rights Tribunal, but he will not get a chance to prove his allegations.

      Tribunal member and registrar Steven Adamson has declined to accept the complaint because it was not filed within the time limit provided under the B.C. Human Rights Code.

      Adamson noted in his ruling that a complaint must be filed within six months of the alleged act of discrimination.

      In Bass’s case, Adamson noted that he filed a complaint on December 18, 2017, whereas the alleged acts of discrimination took place between January 17 and February 15 of that year.

      Bass claimed that neither management nor his union was able to help him.

      The complaint was directed against the Ministry of Attorney General, which is responsible for the LDB; manager Tony Cacie; and co-worker Lorie Demelo, who allegedly called him a "fucking faggot".

      According to Adamson, the six-month time limit provided by the law is a “substantive provision which is intended to ensure that complainants pursue their human rights remedies diligently”.

      Adamson also noted that although Bass cited a number of reasons for the delay, these were not enough to merit exemption from the time requirement of the code.

      “While appreciating Mr. Bass suffered from a number of mental health symptoms treated with counseling and prescription medication, he does not provide sufficient evidence of the kind of limitations in functioning which would indicate his delay in filing was due to his depression,” the tribunal member and registrar wrote.

      Adamson also pointed out that Bass has “not shown that his complaint raises a unique issue that the Tribunal should hear to advance the purposes of the Code”.

      “His case is ultimately about a common type of employment discrimination involving sexual orientation about which the law is fairly settled,” Adamson wrote. 

      Comments