Protection From Discrimination In Employment – To Infinity And Beyond

At the end of last year, the Supreme Court of Canada, in the highly anticipated decision of British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 ("Shrenk"), addressed the following important issue: How far does protection from discrimination in the area of employment extend?

The Decision in Schrenk

The background to the Schrenk decision is as follows. Mr. Sheikhzadeh-Mashgoul worked for Omega and Associates Engineering Ltd. as a civil engineer on a road improvement project. Mr. Schrenk worked for Clemas Constructions Ltd. as a site foreman and superintendent on the same project.

Mr. Schrenk made racist and homophobic statements to Mr. Sheikhzadeh-Mashgoul and Mr. Sheikhzadeh-Mashgoul eventually filed a complaint with the British Columbia Human Rights Tribunal against Mr. Schrenk. Mr. Sheikhzadeh-Mashgoul alleged that Mr. Schrenk discriminated against him on the basis of religion, place of origin and sexual orientation in the area of employment. Mr.