• Home
  • Chaisson Law
  • LL.M. Research
  • In The Media
  • Contact
  • Blog
  • Home
  • Chaisson Law
  • LL.M. Research
  • In The Media
  • Contact
  • Blog

Blog

  • You are here:
  • Home
  • Precedent Setting Victory for Gender Identity Rights in B.C.

Precedent Setting Victory for Gender Identity Rights in B.C.

  • Posted by Angela Chaisson
  • On January 5, 2022
  • In Article
  • 0
Want create site? Find Free WordPress Themes and plugins.

In September of 2021, a case decision in the province of British Columbia made a significant development with respect to the rights of trans and non-binary people at work. The judgement will have implications for the law across Canada, including here in Ontario.

The British Columbia Human Rights Tribunal found a restaurant and some of its employees in violation of s. 13 of the B.C. Human Rights Code by refusing to use another employee’s correct pronouns.  Section 13 specifically bars discrimination based on gender identity or expression among other protected statuses.

The case revolves around non-binary restaurant worker, Jessie Nelson, who was repeatedly intentionally misgendered and called by gendered nicknames in the workplace. Nelson spoke up to management at the restaurant, Buono Osteria, but was told to wait on their concerns. They had informed the restaurant upon hiring that they used they/them pronouns but the bar manager, Brian Gobelle repeatedly ignored their requests and used she/her pronouns along with nicknames like ‘sweetheart’ to refer to them.

Eventually, a tense discussion between Nelson and Gobelle resulted in Nelson being fired. The restaurant told Nelson that they were fired due to insubordination and being too ‘militant’ in regards to their gender identity.

The tribunal found in favour of Nelson’s human rights complaint and that “Mr. Gobelle discriminated against Jessie Nelson in their employment. His use of female pronouns and gendered nicknames demeaned them and undermined their dignity at work… this was connected directly to Jessie Nelson’s gender identity and expression, and constitutes a violation of the Code.” The tribunal further noted in their decision that each of Nelson’s shifts at the restaurant “was a fresh opportunity and occasion for stress, pain, suffering, and humiliation.”

Mr. Gobelle, Buono Osteria, it’s owner and manager were ordered to pay Jessie Nelson a total of $30, 000 in compensation for injury to their dignity, feelings and self-respect.

Buono Osteria was further ordered to include a statement in its employee policies that affirms every employee’s right to be addressed with their correct pronouns and to implement mandatory training for all staff and managers about human rights in the workplace.

Currently, there are no cases before Ontario courts or tribunals in regards to workplace discrimination based on gender identity, but it’s only a matter of time before this issue will be litigated in the province. This case may set a precedent for the considerations and awards in this type of case.

Angela’s profile at Millard & Co

Did you find apk for android? You can find new Free Android Games and apps.
TAGS: Angela Chaisson Angela Chaisson Law Canada charter equality gender genderequality lawyer LGBTQ precedent womanlawyer
Share:

Previous Post

Angela Chaisson on BarBabble

Next Post

Angela Chaisson in the News on Town Council Conflict of Interest Case
Categories
  • Announcements
  • Article
  • Awards
  • Interviews
  • News Articles
  • News Clips
  • Podcasts
  • Publications
  • Speaking Engagements
  • Uncategorized
Archives
  • May 2022
  • January 2022
  • August 2021
  • October 2020
  • September 2020
  • July 2020
  • June 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • June 2019
  • March 2019
  • February 2019
  • January 2019
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • October 2017
  • July 2017
  • March 2017
  • February 2017
  • October 2016
  • September 2016
  • August 2016
  • September 2015
  • March 2015
  • November 2014
  • March 2014
  • October 2013
  • July 2013
  • June 2013
  • November 2012
Latest Posts
  • Angela speaks about recent school dress code policy in OttawaMay 17, 2022
  • Angela Chaisson and Clayton Ruby Publish Opinion Piece on Criminal Court Delays in Precedent MagazineJune 26, 2013
  • Angela Chaisson is Featured in Xtra! Newspaper For Her Role Fighting Trinity Western University for LGBTQ+ DiscriminationJuly 26, 2013
  • Angela Chaisson and Clayton Ruby Write Opinion Piece for the Toronto Star on Trinity Western UniversityOctober 1, 2013
  • The National Post Newspaper Reports on Awan v. Levant in which Angela Chaisson is Counsel for Mr. AwanMarch 6, 2014
Scroll
  • Home
  • Chaisson Law
  • LL.M. Research
  • In The Media
  • Contact
  • Blog
366 Adelaide Street West, Suite 102 | Toronto, Ontario, Canada | M5V 1R9
Tel: +1 416.920.6179 | Fax: + 1 416.920.3033 | Email: angela@millardco.ca
Copyright © 2021 Angela Chaisson Law. All rights reserved.