Is Racial Discrimination Still a Problem in Canadian Workplaces?
Today marks the 60th annual International Day for Elimination of All Racial Discrimination, an annual day recognized by the United Nations as part of the ongoing fight against racist ideas and practices.
Sadly, discrimination remains a reality in the Canadian working environment, defined by a variety of experiences and issues that negatively affect people on the basis of a protected ground, such as race, gender, age, disability, religion, and more. All discrimination is prohibited by human rights legislation in Canada – both by the federal Canadian Human Rights Code and specific provincial statutes, such as the Ontario Human Rights Act. However, racial discrimination can take many different forms.
Direct Discrimination
Direct discrimination is an overt policy or practice that negatively affects a specific group of people based on a protected ground, such as race.
While it may be quite rare to see an employer advertise direct discrimination, that does not mean it does not happen. Often, such discrimination is found in the unspoken attitudes and practices of employers, such as those who may show preference in hiring and promotion for a specific group of people. One example is an employer who consistently and disproportionately hires for and/or promotes white men into senior leadership positions. The employer likely has no written directive for this, and may not even be conscious of it, and yet such an institutional bias constitutes direct racial discrimination.
Indirect Discrimination
Indirect discrimination occurs when an employer’s seemingly neutral policy has the effect of disadvantaging individuals on a certain protected ground. For example, an employer may have a policy that requires employees to maintain strict and uniform working hours. This could have the effect of discriminating against certain employees who require specific days for religious observance.
In this case, the employer would be committing indirect discrimination, and would be liable for this unless it can prove that the neutral policy constitutes a bona fide job requirement that cannot be subject to accommodation.
Harassment
All too often, discrimination takes the form of harassment, which is defined as unwelcome conduct or comments that are known, or should be known, to be unwelcome or offensive. When such behaviour touches on a person’s protected ground, this constitutes discriminatory harassment. Examples can include offensive jokes about specific religious or racial groups, physical intimidation or bullying, exclusion, and the use of offensive slurs. Another example is stereotyping, in which a employee is treated a certain way based on stereotypical beliefs associated with their race, religion, physical ability, gender, or other protected grounds.
Employers have a duty not merely to abstain from such behaviour, but to take active steps to prevent it. This includes conducting thorough, immediate, and substantive investigations of any allegations of discriminatory harassment, and taking concrete reasonable steps to address an impugned behaviour.
Employers should also have clear policies outlining what kind of behaviour is prohibited, as well as the steps employees can take to report and address discriminatory harassment.
How can Whitten and Lublin Help?
Sadly, discrimination is a persistent phenomenon, especially in the workplace. It can also be hard to identify at times, and even more difficult to address. If you are an employee experiencing discrimination in the workplace, Whitten and Lublin is here to assist you. Contact us online or by phone at (416) 640-2667.
Author – Aaron Zaltzman