What Happens If Your Employer Ignores a Discrimination Complaint?
Workplace discrimination remains a pressing concern in Ontario, where roughly 75% of all human rights claims come from the workplace. If you are asking: does my employer have a duty to investigate discrimination allegations, the answer is YES. The Ontario Human Rights Code (the “Code”) legally requires employers to maintain inclusive environments where employees feel safe, respected, and valued. The Code prohibits discrimination in employment based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability.
To ensure that workplaces are discrimination-free, employers can implement various action plans. These can include developing and implementing comprehensive anti-discrimination policies, providing regular training to employees and management, and establishing clear procedures for reporting and addressing complaints.
Does my employer have a duty to investigate discrimination allegations?
Employers must investigate the allegations promptly and thoroughly when a discrimination-related complaint arises. This obligation exists even if the complaint is informal, or the complainant is reluctant to participate. Investigations are required to be objective, unbiased, and conducted promptly. Failure to do so can result in legal liability under the Code in the form of monetary damages.
Case Study: Racial Discrimination at Ruskin Construction
A recent case before the British Columbia Human Rights Tribunal highlights the importance of the duty to investigate allegations of workplace discrimination. While this case occurred in British Columbia, it applies to Ontario workplaces.
A Black African Canadian worker employed by Ruskin Construction, Francis Sarba, alleged that he was subjected to racial harassment, including repeated use of the “n-word” by his foreman and project manager. Despite reporting these incidents, the company’s response was inadequate. The project manager denied using the slur, and the company’s investigation resulted in minimal action. Ruskin advised the project manager to have a representative in meetings, and the safety team was to review the harassment policy with employees. Ruskin did not discipline the project manager or foreman.
The situation escalated when Mr. Sarba was involved in a physical altercation with a co-worker who allegedly used racial slurs during the incident. Both employees were suspended, but upon completion of the suspension, Mr. Sarba was not reinstated and was informed that his employment had ended due to a “shortage of work.” The worker filed a human rights complaint, alleging discrimination based on race and colour.
Ruskin alleged that no racial slurs were used, it did not need to investigate the complaint because Mr. Sarba did not choose to pursue it, and there were no witnesses to the fight who could prove the racial discrimination. The Tribunal disagreed with Ruskin’s position, found that Mr. Sarba had been subjected to racial harassment in the workplace, and that Ruskin had failed to take appropriate steps to address the situation. The company’s inadequate investigation and lack of meaningful corrective action demonstrated a failure to meet its obligations under BC’s Human Rights Code. The Tribunal emphasized that employers must not only have policies in place but must also enforce them effectively and respond decisively to incidents of discrimination.
Ruskin, the foreman, and the two managers were ordered to pay the worker $71,065.12 in lost wages, $65,000 for injury to dignity, feelings, and self-respect, and $1,385.04 for counselling and legal expenses incurred because of the discrimination. In addition, Ruskin was required to review and update its workplace harassment and violence policy within three months and provide all staff training on the revised policy.
This case underscores the critical importance of preventing and addressing allegations of workplace discrimination. The employer has the duty to investigate discrimination allegations. Moreover, the employer must respond promptly to complaints and take meaningful action to rectify discriminatory behavior. Failing to do so harms employees and exposes employers to potential monetary damages under the Code.
Why contact an employment lawyer if you have a discrimination issue in the workplace?
If you find yourself having lost your job because of discrimination based on protected grounds, it is possible that you may have a human rights discrimination case. An experienced employment lawyer can help you judge the strengths of any potential case and what your best next steps might be, such as an application at the relevant human rights tribunal or sending out a demand letter to secure you a settlement for your suffering. If you have any questions regarding discrimination in the workplace , please contact Whitten & Lublin online or by phone at (416) 640 2667 today.
Author – Jordan Cantor