Class 3: The Legal Framework
Case Study 1: Discrimination
Joe works for a large mining operation in Saskatchewan. He has been with the company for a number of
years. He started as a labourer and over time was promoted to a supervisory position.
As the mining business continued to grow, senior management decided it was important to have a more
diverse workforce – 90% of the workforce were men, primarily of European background. In doing so, senior management met with all the supervisors, explained what they were trying to achieve, and engaged the supervisors in discussions regarding barriers. All the supervisors were supportive of the direction the company wished to take. Shortly after the supervisory meeting, a female employee filed a complaint of gender discrimination against Joe. Based on the company’s own procedures, an investigation was launched. The investigation concluded that Joe did not discriminate, but did identify that Joe was not properly fulfilling his responsibilities as a supervisor, especially in relation to communicating expectations to employees about
appropriate behavior at work. As a result, Joe was reassigned to another job that the company felt he could do. Joe was not pleased with the reassignment and began to show his anger and unhappiness at work. He also tended to say things to people (particularly women) whom he felt were “out to get him.” Several months after Joe’s reassignment, several female workers complained to the senior managers about the hostile environment that was developing. Another investigation was done, and it concluded that Joe had been retaliating against those who had complained earlier. Joe was instructed to stop the behavior and also to take a new training program that focused on creating a civil workplace. Joe’s new role included training employees on how to operate a certain machine. Among the trainees was a woman who asked lots of questions. Joe tended to answer the questions sharply and he was less than helpful. Again, a complaint was made to the organization and another investigation was launched about Joe’s behavior. Questions
1.
Are these incidents of discrimination? Why? Why not?
2.
If you were senior management, what would you do?
Though it may not be intentional – discrimination does not have to be intentional to have occurred. If his
treatment is due to one of the protected grounds (i.e. in this case on the protected grounds of sex) then the organization could be at risk of a human rights complaint being filed. Regardless of whether it is discrimination – a respectful workplace is the right of every worker and bullying, harassment or disrespectful behavior cannot be tolerated in the workplace. An investigation/inquiry should take place, if it is found that he has been inappropriate then disciplinary action, such a written warning, as well as respectful workplace training should be provided. If it continues after that, progressive discipline up to and including termination from employment could be implemented as disrespectful or discriminatory conduct cannot be accepted under WorkSafe and Human Rights legislation.
