Could any employee of a Canadian company be fired for being a racist? Legal expert Howard Levitt explains the law in Canada.
History’s most recurrent racism is rearing its head when some thought it to be a thing of the medieval or, at least, mid-last-century past. My parents recalled Sunnyside beach and other Toronto areas having signs bearing, “No dogs or Jews allowed.” Is it coming back? After all, based on population size, Jews are still much more likely to be the target of hate crimes in Canada than Aboriginals, Blacks and Muslims, Statistics Canada data suggests.
There is obviously a distinction between occurrences at work and private mutterings that did not see the light of day, such as a private conversation that the employer somehow learns of secondhand. Such incidents will seldom be cause for dismissal. But what if an employee’s racism, or, for that matter, any conduct potentially damaging to the employer’s “brand,” is more public?
In an Ontario Superior Court Case, a Linamar Corp. employee was found to be properly dismissed with cause after he was criminally charged for downloading child porn in the privacy of his own home, because the publicity of such a charge would be very damaging to Linamar.
Just as employers who act inconsistently with such statements in their treatment of their employees are more likely to attract punitive damages in resultant lawsuits, employees of such employers can more readily be dismissed for cause if they act inconsistently with their companies’ espoused values.
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