General guidance
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, British Columbia, United States (General), California, England & Wales.
Defendant Centre
If you are defending this
As the respondent, the focus is the filing deadline, the process you are in, and the records of how the situation was handled at the time.
- Find the deadline on anything you have been served with and diarise it immediately.
- Do not ignore it — many processes allow a decision to be made against you if you do not respond.
- Preserve documents and messages now; deleting anything is far worse than the underlying dispute.
- Separate what you genuinely dispute from what you accept, so the response is focused.
- Consider whether you have a claim of your own arising from the same events.
- Check whether an insurance policy or an employer may be required to cover or defend it.
Reading this from the other side? Switch to the Plaintiff Centre view.
What these laws generally cover
Human rights and anti-discrimination laws protect people from adverse treatment connected to particular personal characteristics, usually called protected grounds. They typically apply in employment, housing, and the provision of services.
The exact list of grounds varies, but commonly includes characteristics such as disability, age, sex, pregnancy, race, ethnic or national origin, religion, marital or family status, and sexual orientation.
How a complaint is usually assessed
- Do you have a characteristic covered by the law?
- Did you experience adverse treatment — dismissal, refusal, exclusion, harassment?
- Was the characteristic a factor in that treatment?
- If so, does the other side have a recognised defence or justification?
The third question is where most complaints are won or lost. It rarely requires proof that the characteristic was the only reason — in many systems it is enough that it was a factor.
The duty to accommodate
Many systems require an employer or service provider to adjust their requirements for a person with a protected need, most often disability, religious observance or family caregiving, up to the point of undue hardship.
Accommodation is normally treated as a shared process. The person asking is generally expected to explain the need and provide reasonable supporting information; the other side is expected to explore options rather than simply refuse.
What a documented accommodation request looks like
- A written request describing the limitation, not the diagnosis
- Supporting information from a professional, where appropriate
- The specific adjustment proposed
- A record of the response, including any alternatives offered
- Notes of meetings, sent by email afterwards to confirm them
Evidence in discrimination cases
Direct evidence — someone saying the quiet part out loud — is rare. Most cases are built from patterns, timing and inconsistency.
- Timing, such as adverse treatment shortly after a disclosure or request
- Comparators, meaning how others without the characteristic were treated
- Inconsistent or shifting explanations from the other side
- Departures from the organisation's own written policy
- Contemporaneous notes and messages rather than later recollections
Where to file and by whenGeneral guidance
Filing routes and deadlines vary considerably, and human rights deadlines are often much shorter than ordinary civil limitation periods. Choosing one route can also close another.
Documents to gather
- Your written complaint and any internal policy relied on
- Emails and messages showing what was said and when
- Medical or professional letters supporting an accommodation request
- Performance reviews before and after the disclosure
- Notes of meetings, with dates
- The organisation's harassment or accommodation policy
- Any investigation report you were given
Evidence that carries weight
- A dated record of when the characteristic or need became known
- A close time connection between disclosure and adverse treatment
- Comparator evidence about how others were treated
- Written refusals or shifting explanations
- Contemporaneous notes made at the time, not reconstructed later
- Witnesses who observed the treatment
Want both lists in one printable page?
Common mistakes
- Waiting for an internal process to finish and missing the external deadline
- Describing the treatment as unfair without linking it to a protected ground
- Not putting an accommodation request in writing
- Overloading a complaint with every grievance rather than the strongest events
- Losing access to work email before preserving key messages
Frequently asked
Do I need to prove intent?
Usually not. Many systems focus on the effect of the treatment rather than on whether anyone intended to discriminate.
Can I complain while still employed?
Yes, and retaliation for making a complaint is itself often prohibited. Documenting what happens after the complaint becomes important.
What remedies are available?
Common outcomes include compensation for lost income and for injury to dignity, and sometimes orders about policies or training. Remedies vary widely between systems.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide, as a respondent.
Assess my situationAssessment topics related to this guide
Workplace discrimination
Best matchDifferent treatment connected to a protected characteristic.
Accommodation / disability
A need for workplace accommodation was refused or mishandled.
Workplace harassment
Bullying, abuse, or harassment at work.
Restrictive covenant / non-compete
A clause limiting where or how you can work.
Topics in this guide
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.