Racial harassment totally intolerable

An electrical engineer filed a harassment complaint against the company’s president and vice-president (who are father and son). The Court found that there was no doubt that the complainant had been a victim of harassment, given that the evidence showed that these executives repeatedly used racist expressions and jokes that conveyed stereotypes based on the complainant’s origins, and cursed at him in front of his colleagues and third parties, both at work and at social events held at the factory or outside the premises. Since the two persons holding the highest authority at the employer could not have been unaware that their comments and behaviour were unacceptable, the fact that the complainant did not denounce the situation did not prevent the Court from upholding the complaint. By failing to take reasonable steps to put an end to the harassment, the employer failed to fulfill its obligations imposed by law.

Etien c. Plastiques Qualiplast inc.
2023 EXPT-1771, 2023 QCTAT 3610 (DRT), j.a. Erick Waddell