What is Considered a Human Rights Violation in the Workplace?
A report said that the two workers were told to use paid personal days to avoid working when the flyers were meant to be delivered. The union also said that employees were given the option of not delivering material that causes them mental anguish or if it causes them to fear for their health and safety. Despite this, at least one of the employees in question was suspended and underwent a disciplinary meeting. The union has already filed a grievance on behalf of the employee.
Can being forced to deliver media that is discriminatory constitute what is considered a human rights violation in the workplace?
Both federally and provincially regulated employees have similar rights to protection from discrimination on protected grounds, such as sexual orientation and gender identity in this case. While employers might argue that a right to abstain from such work is sufficient accommodation, an employee that is suspended, particularly if not paid for it, could have a strong claim for discrimination and bad faith damages. This is also possible if there is any “cost” to abstaining from the work, i.e. having promotions withheld, ostracization in the workplace, etc.
How might Canada Post’s status as a Crown corporation affect this issue?
Canada Post might be seen as somewhat unique, since it is a Crown corporation. It is meant to serve the public and thus attracts scrutiny in a way other employers might not. But there are lots of comparable workplaces. What about private postal services like FedEx, UPS, and DHL? To go further, even employees for private couriers and marketing agencies could similarly be compelled by management to “spread” messages they find to be discriminatory.
While this specific matter has not been resolved to date, it raises pressing issues. In a time where society is constantly fighting discrimination on the basis of sexual orientation and gender identity, employees need to know their workplaces are free from such discrimination. While there is no one answer for any situation, it is generally not enough for a workplace to simply claim neutrality or impartiality. Employees have a right to a safe workplace and it is very possible that being assigned work tasks like in this Canada Post story could violate that.
How can an employment lawyer assist with cases of workplace discrimination?
In response to the question, can being forced to deliver discriminatory media constitute what is considered a human rights violation in the workplace, the answer is, it is potentially a violation of your human rights. It can be difficult to know what recourse is open to you when forced to work with potentially discriminatory material in the course of your job duties. An experienced employment lawyer can help you determine if there has been a violation and work out next steps for pursuing any remedies available to you. If you would like to get advice on fighting against discrimination in your workplace, please contact Whitten & Lublin online or by phone at (416) 640 2667.
Author – Sohrab Naderi