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ARTICLE · 27 JULY 2013

Facebook Posts About Co-Worker Sanctioned By Human Rights Law

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Further clarity regarding the application of human rights protections to workplace-related social media postings has emerged following a recent decision of the Human Rights Tribunal of Ontario (the "Tribunal").

CanadaEmployment and HR
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Paul Boshyk
Paul Boshyk
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Further clarity regarding the application of human rights protections to workplace-related social media postings has emerged following a recent decision of the Human Rights Tribunal of Ontario (the "Tribunal"). Specifically in Perez-Moreno v. Kulczycki,1 the Tribunal found that comments made by an employee about a co-worker on Facebook constituted harassment in employment contrary to subsection 5(2) of the Ontario Human Rights Code (the "Code").

The case emerged after the applicant Oscar Perez-Moreno, a manager at the Cranberry Golf Resort, intervened in a workplace argument between two co-workers, including the respondent Danielle Kulczycki. Two days after the incident, Ms. Kulczycki posted on her Facebook account that she had been written up at work for calling Mr. Perez-Moreno a "dirty Mexican". She also indicated to other employees that "now that Mexican is not going to give me anything." Understandably insulted by the comments which he felt were humiliating and

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