Calling his employee "old lady" cost him $4,000 in damages

Release date: May 9, 2009

A cook/waitress lodged a complaint with the Commission des droits de la personne alleging that she suffered discrimination on the basis of her age. She complained that the restaurant owner repeatedly called her “old lady”, and asked her to change her physical appearance so as to look younger and to attract patrons. According to the court, the fact that the employee also used such epithets as “mon pit” or “mon cœur” when addressing her boss did not give him the right to refer to her age when addressing her. Age is a sensitive issue for any human being. It was therefore his duty to make sure he did not address his employee with an epithet reminding her of her age. The moral damages ($3000) and punitive damages ($1000) claimed by the Commission were granted to the employee. Commission des droits de la personne et des droits de la jeunesse v. Vaillancourt (Restaurant Chez Virginie) , DTE 2008T-319 (T.D.P.Q.) Justice Michèle Pauzé (June, # 2)


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