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1 Written Summary of Facts – Assignment #1 Arshdeep Kour HR 519: Human Rights in Employment Kelly-Anne Leroux February 9, 2023

2 Felton v. Toronto Singles Inc. Grounds of Discrimination Susan Felton, the applicant filed a complaint with the Human Rights Tribunal of Ontario on July 31, 2018 alleging age discrimination in the workplace in violation of the Human Rights Code (para.1). In her sixties, the applicant’s employment was terminated on August 3, 2017 (para.1). The applicant claims that she experienced discrimination at work due to her age and later was fired in retribution after raising the matter (Felton v. Toronto Singles Inc., 2020, para.1). As set out in Section 5 of the code, every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability (para.6). Type of Discrimination The applicant claimed in Felton v. Toronto Singles Inc. (2018) that the office was made up of only younger women in their twenties or thirties (para.15). According to the application, “under the code with respect to employment and contract,” the respondents discriminatory treatment may have been motivated by the applicant’s age (Felton v. Toronto Singles Inc., 2020, para.16). The applicant describes her role as “babysitting” the office while the other younger employees were allowed to take more lucrative leads with greater earning potential and preferred working hours and days off (Felton v. Toronto Singles Inc., 2020, para.16). The result of the respondent’s acts was a toxic workplace (Felton v. Toronto Singles Inc., 2020, para.21). In a prior

3 application to HRTO (file 2018 -33550-I), the applicant alleges that “she was being treated differently than other employees because of her age” (para.36). Employee Perspective In the case of Felton v. Toronto Singles Inc. (2020), the applicant held the position of a sales consultant as she was expected to offer data packages for a variety of prices such as $9,000 for seven days (para.18). According to her, the respondent frequently recruits young ladies (para.15). In August 2017, her position was terminated because she was 60 years old (para.15). The applicant’s evidence suggested that she should have been obtaining more experienced prospects since the younger staff were taking the more financially successful and mature leads instead of sending them to her (para.23). The applicant said that she was humiliated in a meeting about three weeks after sending her email complaint (para.25). The applicant testified that Carl (the respondent) said her closing rate numbers were poor but poor but prior to her email no one mentioned her figures (para.25). A demand letter that the applicant sent to the respondent following her termination and dated March 8, 2018, was also provided as evidence by the applicant (para.26). The applicant accomplished her burden of proving discrimination that is prima facie based on the evidence she provided (para.20). The applicant further alleges that the younger employees were given the best leads while she was given inadequate and lower-quality candidates based on maturity and income, depriving her of the chance to earn a respectable living (para.28). The applicant also sent an email to the respondent that where Carl told her closing numbers or sales results were unsatisfactory (para.29). The applicant claim that since there was no sign that was performing poorly, her termination must be due to her advanced age (para.36). The Respondent put off giving me my ROE after I was fired (para.12). For my ROE, which I needed to file for EI

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4 benefits, I had to pursue them (Ex. 8). I hadn't gotten my ROE by September 27, 2017 (para12). During our conversation, a Service Canada representative informed me that the Respondent was uncooperative, did not respond Service Canada's calls, and was not upholding its commitments (para.12). Employer Perspective As outlined, the respondent rejects accusations of discrimination and violation of the code (para.31). The respondent claims that the applicant’s employment was terminated for contract frustration after the respondent learned that her closing numbers or sales results did not meet the company’s closing rates (para.33). On March8, 2018, the respondent provided the demand letter which states that her age was not at all a factor in her hiring or termination of her employment (para.40). In this letter, explains the reason of her termination (para.41). Ms. Felton received sales leads during her employment that were equivalent in quantity and quality to those given to other employees in her position (para.41). Given her expertise and life experience, Toronto Singles anticipated that Ms. Felton would be effective in her contacts with clients (para.40). Unfortunately, it didn't happen (para.40). Even with the training and assistance offered to all staff, Ms. Felton did not succeed in her position (para.40). The respondent further alleges that her age had no bearing on how the work was distributed (para.41). The respondent also sent a termination letter dated August, 2018 to the applicant stating that the Toronto Singles anticipated that Ms. Felton would be effective in her contacts with the clients but Ms. Felton closing rates fell short of the company’s goal and her job was terminated (para.42). Upon the applicant’s termination, Carl wrote her a reference letter stating that she worked for them from February to August 2017 (para.44) . Further it state d, “ Susan has very good sales skills and I can recommend her for her positive attitude and willingness to learn in an industry that was new to her (para.44).

5 While the sales situation did not work out for her at Toronto Singles, I have no hesitation in recommending Susan for sales opportunities where the product is more tangible to the client (para.45) . Because of Susan's upbeat outlook and eagerness to pick up knowledge in a field that was unfamiliar to her, I can highly recommend her for her excellent sales abilities (para.46). According to the respondent, Susan's sales scenario at Toronto Singles did not work out, but I have no qualms in suggesting her other sales possibilities where the client is more directly involved in the creation of the product (para 48) .

6 References Felton v. Toronto Singles Inc., 2020 HRTO 169 (Canlii) (2022) https://www.canlii.org/en/on/onhrt/doc/2020/2020hrto169/2020hrto169.html? searchUrlHash=AAAAAQAKZW1wbG95bWVudAAAAAAB&resultIndex=70 Human Rights Code, R.S.O. 1990, c. H. 19, Ontario Human Rights Commission, 2021 https://www.ohrc.on.ca/en/ontario-human-rights-code

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