A case study and lessons for employers.
Jessyca Greenwood
The recent Human Rights Tribunal of Ontario (HRTO) decision in Bidwai v. Ontario Teachers’ Pension Plan Board (2024 HRTO 1092) underscores the legal and practical obligations employers face under Ontario’s Human Rights Code (the “Code”). Employers are required to maintain a discrimination-free workplace and properly address accommodation requests.
Overview of the case
In this case, the applicant, Mr. Bidwai, alleged discrimination on several grounds protected under the Code, including ancestry, ethnic origin, race, and family status. The HRTO ruled partially in his favor, identifying three key issues:
- A discriminatory comment by a coworker: “Rape is India’s favourite sport.”
- Improper handling of the applicant’s accommodation requests, which included time off to care for his child.
- A failure to investigate and communicate the resolution of the applicant’s discrimination complaint effectively.
The Tribunal awarded $10,000 in damages for injury to the applicant’s dignity and self-respect.
1. Workplace investigations: reasonable action is essential
Employers are legally obligated to thoroughly investigate discrimination complaints and provide timely, transparent communication with complainants.
What went wrong:
The employer addressed the comment informally but failed to communicate the resolution to the applicant, leaving him unaware of remedial actions.
Employer takeaway:
- Implement a clear, documented process for investigating complaints.
- Communicate regularly with all parties involved, particularly the complainant.
- Ensure complainants feel heard and supported throughout the investigation.
2. Accommodation requests are protected
Accommodation is a protected right under the Code. Employers must separate accommodation needs from performance evaluations or termination decisions.
What went wrong:
Internal communications explicitly linked the applicant’s accommodation-related absenteeism to his termination.
Employer takeaway:
- Train managers to handle accommodations with sensitivity and avoid referencing them in performance or termination decisions.
- Ensure employment decisions are based solely on legitimate, non-discriminatory factors.
3. Discriminatory comments require a zero-tolerance approach
Comments such as “Rape is India’s favourite sport” are inherently discriminatory and create a hostile work environment. Even isolated incidents can result in legal and reputational consequences.
What went wrong:
The employer took informal steps to address the comment but lacked formal documentation or follow-through.
Employer takeaway:
- Enforce a zero-tolerance policy for discriminatory remarks.
- Require mandatory diversity, equity, and inclusion (DEI) training for all employees and managers.
- Formally document all incidents and resolutions.
4. Documentation: A double-edged sword
Internal emails referencing the applicant’s accommodation needs as a factor in his termination undermined the employer’s defense.
Employer takeaway:
- Use factual, neutral language in all communications.
- Regularly audit internal documentation for compliance with legal standards.
- Ensure performance concerns are documented objectively, without references to protected characteristics.
5. General damages highlight financial risks
The Tribunal’s $10,000 award underscores the financial and reputational impact of discrimination claims. Even less severe cases can lead to substantial damages.
Employer takeaway:
- Recognize that isolated incidents can have significant legal consequences.
- Proactively implement robust anti-discrimination policies and training programs to minimize risks.
Practical steps for employers
To avoid similar claims, employers should:
Develop robust policies:
- Ensure anti-discrimination and accommodation policies are comprehensive and aligned with the Code.
- Introduce DEI initiatives to promote a respectful workplace culture.
Train managers and employees:
- Conduct regular training on human rights obligations, complaint handling, and accommodation processes.
- Equip managers with tools to address performance and complaints without bias.
Document with care:
- Establish clear guidelines for documenting complaints, accommodations, and performance issues.
- Review communications to ensure compliance with best practices.
Investigate thoroughly:
- Use formal, neutral processes for all complaints, regardless of severity.
- Keep complainants informed of actions and outcomes.
Seek legal advice:
- Consult with employment counsel for complex situations involving discrimination or accommodation to ensure compliance with the Code.
Conclusion: A case for proactive measures
The Bidwai v. Ontario Teachers’ Pension Plan Board decision serves as a reminder of the importance of maintaining fair and inclusive workplace practices. Discrimination and accommodation issues must be handled with care, transparency, and professionalism.
For employers, this case is an opportunity to review policies, improve processes, and provide training that fosters a respectful and legally compliant workplace. For employment lawyers, it offers valuable insights for advising clients on risk management and compliance.
Need help?
If you’re concerned about your workplace policies or need advice on managing discrimination or accommodation issues, contact Greenwood Law. We’re here to help you navigate these challenges with confidence and care.
