A little over a year ago, I wrote a blog on slurs in the workplace. I encourage you to read that blog, as it provides a few different cases where an employee was discriminated against by a colleague through the use of slurs. In that blog, I distinguished the use of slurs from using foul language. However, if the use of foul language is discriminatory, the employer can face a discrimination case.

An employee, no matter how long their service with the same employer has been for, is entitled to a workplace free of discrimination. This protection includes the employer ensuring that colleagues do not discriminate against each other during work. If there is discriminatory conduct, the employer should investigate it and appropriately address it. In Geddes v Kuehne + Nagel Inc. (2024 HRTO 1127), an employer was found jointly and severally liable after an eight-day employee filed a discrimination complaint after a colleague used foul and discriminatory language.

Geddes v Kuehne + Nagel Inc. (2024 HRTO 1127)

In Geddes v. Kuehne + Nagel Inc. (2024 HRTO 1127), Sheryl Geddes worked for eight days at Kuehne + Nagel Inc. as a warehouseperson before being dismissed. Ms. Geddes began working at the same time as Tresvone Dietrich-Graham. Six days into the start of the employment, Ms. Geddes and Mr. Dietrich-Graham had a negative interaction, which ended with Mr. Dietrich-Graham calling Ms. Geddes a “bitch.” Ms. Geddes filed a complaint with her supervisor complaining about the incident and other health and safety matters. The employer did not investigate the incident until after they terminated Ms. Geddes, after receiving an order to do so by the Ministry of Labour. Though Ms. Geddes raised other matters in her human rights complaint, the other major issue was her allegation that her termination was a reprisal for her filing a human rights complaint with her employer. Ms. Geddes sought damages in the total of five million dollars.

The vice-chair upheld Ms. Geddes’ human rights complaint in part. The vice-chair noted that “bitch” is a derogatory term used to disparage and demean women. Therefore, calling Ms. Geddes a “bitch” constituted discrimination based on sex, contrary to Ontario’s Human Rights Code. Mr. Dietrich-Graham was liable for making the comment. The employer, Kuehne + Nagel Inc., was liable because the comment was made during work, and they did not investigate it to ensure that the workplace was free from discrimination. The vice-chair dismissed the allegation of reprisal finding that the supervisor was unaware that Ms. Geddes was trying to assert her Code rights, which meant that there was a lack of intent. In terms of remedy, the vice chair found that five million dollars in damages was excessive. Under the Code monetary damages are meant to be compensatory and not punitive. Based on the facts of this case and the vice-chair’s assessment of similar case law, the vice-chair awarded Ms. Geddes $300 for injury to dignity, feelings, and self-respect.

Takeaways from Geddes v Kuehne + Nagel Inc. (2024 HRTO 1127)

There is nothing too surprising about this decision. It is well established that all employees, regardless of how long that they have worked for the employer, are entitled to a workplace free from discrimination. There are cases where job applicants have successfully made human rights complaints and received damages from employers who discriminated during the hiring process.

The only thing that is slightly surprising is the low the ultimate damages were. Ms. Geddes was never going to receive five million dollars. Even the worst cases of discrimination do not get that amount in damages. However, recent cases involving slurs have seen damages from $1,000 to $2,500. The low amount, in this case, could be because Ms. Geddes was self-represented and did not challenge the over-decade-old cases that her employer used to convince the vice-chair to award lower general damages.

How Suzanne Desrosiers Professional Corporation can help

If you are an employer or an employee dealing with a human rights complaint, it is best to come to the Human Rights Tribunal with representation. At Suzanne Desrosiers Professional Corporation, we have employment lawyers who are knowledgeable about the current state of human rights laws in the workplace. Our team can help you settle a human rights matter. To speak to one of our employment lawyers, please call us at 705-268-6492 or email us at info@sdlawtimmins.com.