Can an employee's reaction to racist comments or jokes be considered irrelevant?
Ontario, Canada
The following excerpt is from Ardila-Zuluaga v. IO Industries Inc., 2021 HRTO 1042 (CanLII):
The respondents argued that the applicant could be heard chuckling or laughing along with the jokes or comments. The applicant claimed that this was due to the effect of the morphine. Even were the applicant joining in the “joke,” however, doing so does not make such comments acceptable. As noted in Chiswell v. Valdi Foods 1987 Inc., 1994 CanLII 18426 (ON HRT) at para. 6: It is precisely because of fear which an employee may have of losing a position if he or she reacts to a racist statement, that the reaction of the targeted employee should be deemed to be irrelevant. Findings on Place of Origin / Ancestry
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
Can a comment be considered a fact or comment? (Ontario, Canada)
Can an employer be liable to an employee for the consequences of the employee’s negligence? (Ontario, Canada)
How much reduction of payments under a WSIB plan for a disabled employee is reduced by any payment to which the disabled Employee is entitled for that month? (Ontario, Canada)
In what circumstances will a payor be considered an employee of the same business for child support purposes? (Ontario, Canada)
Does a termination clause simply stating that an employee is entitled to compensation in accordance with the legislation restrict the employee to the minimum notice period provided? (Ontario, Canada)
Does the circumstances in which the President of a company where an employee was an employee have any influence or influence on the decision? (Ontario, Canada)
What factors will the court consider in determining whether an employee is qualified for a similar position? (Ontario, Canada)
Does short-term disability benefits paid to a terminated employee from September 17, 1991 include overtime payments made by the terminated employee in the calculation of damages for wrongful dismissal? (Ontario, Canada)
