CONTENT ADVISORY

The owners of a BC hardware store have been ordered to pay $10,000 compensation after they fired a gay employee who complained to management that a teenage staff member called him a homophobic slur.

According to an April 22 BC Human Rights Tribunal decision, a 16-year-old Rona staffer told the gay employee to “Go fuck yourself faggot” while they both worked at the store owned by B.H. Allen Building Centre in February 2021.

The decision says the teen was given a verbal warning, but the Human Rights Tribunal found the company’s handling of the issue was poorly done and discriminatory.

“To simply cancel Employee R’s shifts based on his stated safety concern rather than exploring less adverse options was not reasonable and amounts to adverse treatment based on his sexual orientation,” the Tribunal ruled.

The decision says the gay employee, referred to as Employee R in the decision, was working Saturday and Sunday at the store, on top of his regular full-time job, when the incident occurred.

However, after he complained about what happened his shifts were cut, while the teen staffer continued to work.

He emailed the store manager, Michael Allen, to ask about the change and was told that staff schedules were done in the “best interest of the store.”

Employee R’s boyfriend, who also worked there, resigned over the incident, saying he felt “very unsafe and fearful,” citing the store’s “lack of action” to address the issue.

A few days later, Employee R’s employment was terminated, which fell within the probationary period.

“It has been determined that we are unable to meet your personal shift expectations,” the company told him.

However, the Human Rights Tribunal found the store had discriminated against him.

“Employee R reported an incident of possible workplace discrimination and the impact it had on him. It was (Rona) who chose to deal with that report by decreasing his shifts and ultimately terminating him,” the Tribunal ruled.

The Rona store is owned by B.H. Allen Building Centre, which owns stores in Salmon Arm, North Vancouver and Powell River.

The Tribunal found the store could have handled the situation very differently, and it hadn’t directly discussed Employee R’s concerns with him following the investigation, offered him and the teenager mediation, or rescheduled the teen’s shifts.

“I pause to note that one incident of harassing behaviour of this nature by a co-worker, if properly investigated and addressed by (Rona), may not have been sufficient to substantiate a violation of the Human Rights Code,” the Tribunal ruled. “However, the Human Rights Code requires a reasonable and appropriate response to complaints of discrimination. A failure to respond adequately may independently give rise to a breach.”

The Tribunal ruled that while the store said that scheduling was done in the best interests of the store, it had provided no evidence of why Employee R could not be scheduled to work on Saturdays.

“My conclusion that there is a nexus between the termination of Employee R’s employment and his sexual orientation is supported by the circumstantial information available,” the Tribunal ruled.

While the employee wanted $10,000 for a year’s worth of lost wages, the Tribunal ruled $877 for one month’s wages as appropriate.

The Tribunal also ordered the store to pay the fired employee $10,000 for injury to dignity, plus interest.