Employer’s Response to Discrimination Complaint found Sufficient

Update by Erin Brandt, Cofounder

The BC Human Rights Code (the “Code”) provides broad protection for employees to be free from discrimination at work on the basis of specific characteristics (such as disability). But what exactly is an employer expected to do when it receives a discrimination complaint from an employee? The case of Salanguit v Parq Vancouver and another, 2024 BCHRT 119 addresses just that.

Background

Ms. Salanguit made a few complaints to her manager that she was being bullied by her colleague Ms. Abonitalla. Ms. Abonitalla’s behaviour escalated, including making fun of Ms. Salanguit’s speech impediment in front of others. This led Ms. Salanguit to escalate her complaint to Parq Vancouver’s HR Director. Shortly after, Ms. Salanguit went on medical leave for mental health reasons, during which she received wage-loss benefits from WorkSafeBC.

After Ms. Salanguit escalated her complaint, Parq conducted a two-month investigation, interviewing several witnesses, including at least one eyewitness who corroborated Ms. Salanguit’s complaint.

Parq found that Ms. Salanguit’s complaint was substantiated and that Ms. Abonitalla had violated their policy against bullying and harassment.

However, Ms. Salanguit was dissatisfied with the investigation process and its outcome. She felt that some of the harms she experienced could have been prevented if Parq had taken more swift action in response to her first complaint of bullying.

Decision

After Ms. Salanguit filed a complaint with the BC Human Rights Tribunal (the “Tribunal”) against Parq and Ms. Abonitalla, both respondents filed preliminary applications to dismiss the complaints against them.

While Ms. Abonitalla engaged in cruel and childish behaviour that negatively influenced Ms. Salanguit’s employment with Parq, the Tribunal found that Parq conducted a fair, thorough and timely workplace investigation, which was proportionate to the nature of the discrimination alleged, conducted with a reasonable level of urgency, and followed by appropriate corrective action. Specifically, Parq:

• Confirmed within a few days of receiving Ms. Salanguit’s complaint of discrimination that an investigation would be started

• Interviewed several witnesses

• After finding the complaint justified, issued a final written warning to Ms. Abonitalla, notifying her that any future conduct of a similar nature would result in her dismissal

• Required Ms. Abonitalla to apologize to Ms. Salanguit

Further, Parq adequately addressed the impact of Ms. Abonitalla’s discrimination. Specifically, Parq:

• Connected Ms. Salanguit with their employee assistance program so Ms. Salanguit could access counselling

• Accommodated Ms. Salanguit’s need for medical leave

• Posted a workplace memo for one month reminding employees to be respectful and professional with one another

• Reviewed and updated its bullying and harassment policy to specifically reference discrimination under the Code

• Provided mandatory in-person training for all employees regarding a respectful workplace and bullying and harassment

• Made a reasonable settlement offer of $4,000 to Ms. Salanguit to remedy the injury to her dignity, feelings and self-respect; an offer within the Tribunal’s range of compensation awards for successful complaints

Ultimately, the Tribunal found that Parq took reasonable and appropriate steps in response to Ms. Salanguit’s complaint and to ensure that discriminatory conduct like Ms. Abonitalla’s would not happen again.

As a result of the above, the Tribunal dismissed Ms. Salanguit’s complaint against Parq finding that proceeding with it would not further the purposes of the Code. In reaching this decision, the Tribunal assessed the complaint itself as well as broader public policy issues, including the efficiency and responsiveness of the human rights system, and the expense and time involved in processing a complaint to a hearing.

The Tribunal also dismissed Ms. Salanguit’s complaint against Ms. Abonitalla, finding that Parq’s settlement offer of $4,000, combined with Parq’s corrective and remedial actions, fully addressed Ms. Abonitalla’s discrimination.

Key Take Away for Employees

An employee who is being bullied, harassed, or facing discrimination can make a complaint to their employer, and their employer is required to promptly deal with it. Though if an initial complaint is ignored, the employee should escalate a written complaint to HR or a more senior manager. Where a complaint is substantiated, an employee can and should expect remedial action from their employer.

Key Take Away for Employers

Employers should have clear policies addressing bullying, harassment and discrimination to outline what is and what isn’t prohibited behaviour, to inform employees how to bring a formal complaint, and to guide managers and supervisors in properly responding.

Where a complaint is received, an investigation may be necessary. If the complaint is substantiated, the employer should assess the severity of the misconduct in determining the appropriate remedial action, which could include workplace training, policy improvement, an apology or possibly financial compensation for more severe cases.