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ARTICLE · 12 MARCH 2024

Recognizing Subtle Discrimination In The Workplace: Insights From Recent Legal Cases

Stewart McKelvey
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Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer...

CanadaEmployment and HR
Sheila Mecking
Sheila Mecking
Michiko Gartshore
Michiko Gartshore
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Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer who does not promptly act to ensure employees have a safe work environment free of discrimination.

Often referred to as "micro-aggressions", these actions and behaviours can be difficult to detect, but are more prevalent than overt forms of discrimination. They are hard to detect because the actions or behaviours may be unclear or even have an explanation, but when viewed together, they show a much clearer picture of discrimination based on a protected ground.

Recently in Labourers' International Union of North America, Local 183 v CTS (ASDE) Inc., 2022 CanLII 14925 (ON LRB), an employee was terminated. The incidents leading to the termination involved a Black employee allegedly becoming angry and screaming when he found his employer assigned tool-box had been cut into to access the contents. The

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