Safety & HCM Post

One Negative Comment ≠ Discrimination

A probationary employee claimed he was harassed and fired after one month of work because he’s Chinese. The problem was he had only one bit of evidence to back up his discrimination claim, an alleged comment made by a manager over lunch: “So stinky, are you eating Chinese food?” One comment isn’t enough to constitute discrimination, unless it’s egregious and clearly conveys the message that a person is less worthy of respect due to his race, age, etc. And this remark, even if he could prove the manager actually made it, wasn’t enough to get the employee over the goal line, the BC Human Rights Tribunal concluded in tossing the case [Terrapure Environmental and another, 2019 BCHRT 51 (CanLII), March 14, 2019].

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Bongarde Editorial

Bongarde Editorial

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