Deadnaming and misgendering, the plaintiff is entitled to damages

The plaintiff is a transgender man who was given a female first name at birth and was identified as female. He filed a complaint under Section 14 of the Canadian Human Rights Act, alleging that he had been discriminated against on the basis of his gender identity by the owner of the company and two colleagues. They repeatedly called him by his deadname, i.e., the first name given to him at birth, and misgendered him on numerous occasions, even after having been warned by the plaintiff. In addition, the plaintiff had allegedly been subjected to inappropriate behaviour at work, including sexual comments, unwanted touching, intrusive questions and inappropriate comments. The facts having been proven, the Court held the employer liable, given that the employer is presumed responsible for discriminatory acts committed by its employees. The complaint is upheld.

Bilac c. Abbey
2024EXPT-578, 2023 TCDP 43