Dear Mr. Aarbo,
I live in a large two-tower complex, where the East is for Rentals and the West is for Condo owners. I rent on the Condo side, and since I am only a renter, the channels for complaining are a PAIN to get through. I have a Security Guard that is homophobic and does not want to deal with ANY gay people.
I have gone to his security company to ask that they have him relocated but they refuse, saying that his being homophobic does not warrant them removing him from his post. They told me it is like a barking dog you don’t like - you just live with it.
I complained to the Board of Directors and they took two days to decide that I should be directing my complaint through the Management company that Manages their Finances - I feel like I’m just going through a bunch of red tape and BS.
Other than moving, any suggestions?
Jayme
Dear Jayme,
One does not, in fact, have to put up with a barking dog or homophobic security guard. If the problem is a barking dog then call the bylaw office at the City of Calgary. For a homophobic security guard then you need to contact the Alberta Human Rights and Citizenship Commission at 297-6571.
Who to name as the Respondent may be a bit difficult, but the Commission will be able to assist you in that regard. You may have to name the security guard, Security Company, the condominium board and/or the management company. Who is ultimately responsible can be a complex legal matter. Sometimes you have to name all of them and figure out who is responsible later. You do not have to figure that out.
The section of the legislation that he (they) may be offending states that no person shall discriminate against any person with respect to goods, services, accommodation or facilities that are customarily available to the public because of his or her sexual orientation, among other possible grounds such as race and religion. The provision of security services would be the type of “services” covered by the section. Also, there is a strong argument that the security services are being “provided to the public” since there are renters in the building.
It is difficult to state whether there has been a breach of the legislation. You have not specified what you mean by “homophobic” conduct. There has to be some sort of differential treatment because you are homosexual, as opposed to some other reason. For example, the treatment may be because you are a renter and not an owner. Such conduct may not seem fair, but it would not violate the legislation.
Before filing a complaint it is always recommended that you create a formal written letter outlining your concerns and allow the person(s) to correct the behaviors. You could write the Security Company, Management Company and/or board outlining your concerns. You can direct the letter to anyone of the above and send a carbon copy to the others involved. List them at the bottom of the letter under the heading “cc:” and make sure each group gets the same letter.
I recommend that you write the condominium board as the primary recipient because they are ultimately responsible for the provision of security services in the building. In particular, they can hire/fire the management company who can hire/fire the security company who can hire/fire the security guard. The condominium board is at the top of the food chain. This does not mean that they will be ultimately responsible for the conduct, it is simply where the first letter should be sent. You should advise them of the problems that you have been having and what you think should be done about it. In other words, THEY should contact the management company and advise them to contact the security company to have this guy re-assigned or re-educated. Give them a reasonable timeline to correct the situation (two weeks) and advise that if no action is taken then you will file a formal complaint at the Commission naming everybody who is involved. Hopefully that will move them into action. If not, file the complaint. Make sure that you are always professional and firm in any such letter. Remember, if you proceed with a complaint then others will be reading the letter. You always want to seem reasonable.
Darryl A. Aarbo
If you wish to send in a letter, please email it to legaladvice@gaycalgary.com. Darryl A. Aarbo can be directly reached at Courtney Sebree Aarbo, Barristers & Solicitors, 1138 Kensington Road NW, Calgary, Alberta, T2N 3P3. Visit their website at http://www.csalaw.ca. Phone (403) 571-5133. Fax: (403) 571-5134
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