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Article

21 Dec 2017

Author:
Matthew Claxton, Langley Advance (Canada)

Canada: Supreme Court broadens scope of workplace discrimination cases beyond employer-employee relationships

"Supreme Court of Canada rules in human-rights case involving Langley firm" 15 Dec 2017

Discrimination cases in the workplace can invovle more than just superiors and their employees, the Supreme Court of Canada has ruled in a case that invovled a Langley firm.

The case began on a Delta road improvement project under construction in 2013 and 2014.

Mohammadreza Sheikhzadeh-Mashgoul was working as a civil engineer on the site for Surrey-based consulting firm Omega & Associates. Edward Schrenk worked on the same project, but he was a foreman for the Langley-based Clemas Contracting.

...Schrenk “made derogatory statements to Mr. Mashgoul and others with respect to Mr. Mashgoul’s place of origin, religion and sexual orientation and sent him derogatory emails.”

...Mashgoul then filed a complaint with the BC Human Rights Tribunal, claiming discrimination in employment by Schrenk.

...[T]he issue in question was whether employment discrimination under the B.C. Human Rights Code can happen when the harasser has no position of authority over the victim.

...Human rights principles suggest that all employees are protected, Abella wrote. “Applying these principles leads to the conclusion that an employee is protected from discrimination related to or associated with his or her employment, whether or not he or she occupies a position of authority.”