Back to the siteIntake for human rights and discrimination
Client intake for human rights and discrimination.
A human rights intake records who the respondent is and where the treatment happened, the events in order with dates, and the reason the person believes they were treated differently, in their own words. It captures what is in writing, what has already been complained about, and any filing already made. The intake never says whether the treatment was discrimination or whether a filing window has passed.
Why intake in human rights and discrimination is different
The person's account is the evidence, and the order of events is the case. Who said what, on which date, in front of whom, and what was written afterwards. The intake has to take the events one at a time, dated, with witnesses named, and separate what the person saw from what they believe. It also has to find every other proceeding about the same events: an internal complaint, a grievance, an employment claim, a tenancy application. Those shape what the lawyer can do. The respondent is usually an organisation, and the firm may act for it.
The questions that matter
- Where it happened: at work, in housing, in a service or a business, in a school, or somewhere else.
- Who the respondent is: the organisation, and the individuals involved, by name.
- The events, one at a time, with dates and who was present.
- The reason the person believes they were treated differently, in their own words, recorded as stated.
- What is in writing: messages, emails, letters, policies, a job posting, a lease.
- Whether the person complained internally, to whom, when, and what the response was.
- Whether a complaint or application has been filed with any commission, tribunal or court, with the file number and date.
- Any other proceeding about the same events: a grievance, an employment claim, a tenancy matter.
- Whether the person is still employed, still housed, or still using the service, and whether anything is ongoing.
- What the person wants to happen.
What the conflict check must capture
- The respondent organisation, by legal name, and any parent company or franchise owner.
- Every individual named in the events: managers, landlords, staff, colleagues.
- A union, where the person is a member, and any grievance representative.
- The respondent's lawyer, where one has written.
- Co-complainants, and witnesses the person names.
- Any lawyer or clinic the person has already consulted.
What urgency means here
A filing window the person believes applies, a hearing or mediation date already set, a response date on a letter, or treatment that is continuing and affecting the person's safety or health. The intake records the dates as the person gives them and flags the matter to the lawyer. If the person is in danger, it tells them to call the firm directly, or emergency services. It never tells the person whether a window has closed or what to say to the respondent.
What the intake will not do here
- It never says whether the treatment was discrimination, or which ground applies.
- It never says whether a filing window, a response date or a limitation period has passed.
- It never advises on what to say to the employer, the landlord or the business, or whether to resign, move or complain.
- It never estimates a remedy or an award.
- It never contacts the respondent, a witness or a union.
The machine takes the statement. The lawyer takes the case.
Questions lawyers ask about human rights and discrimination intake
Does the intake decide whether what happened was discrimination?
No. It records the events, the dates, the words used and the reason the person believes they were treated differently. Whether that meets a legal test is the lawyer's call.
The person has already filed an internal complaint. Does the intake still matter?
Yes. It records the complaint, the date, the response and every other proceeding about the same events, because those decide what the lawyer can do next.
What if the treatment is still happening?
The intake records that it is ongoing and flags the matter to the lawyer. If the person's safety or health is at risk, it tells them to call the firm directly. It does not advise on what to do at work in the meantime.
