What You Need to Know
A recent British Columbia Human Rights Tribunal (BCHRT) decision
awarded $30,000 in damages to a restaurant employee due to the
actions of a co-worker who repeatedly and deliberately misgendered
them by referring to them using she/her pronouns and gendered
nicknames. While based in BC, this decision will likely impact
Courts across Canada as it establishes an obligation for employers
to respond to employee disputes that involve gender identity and
expression.
The Facts
Nelson is a non-binary, gender fluid person who uses they/them
pronouns who worked at a Buono Osteria, a restaurant on the
Sunshine Coast in British Columbia for approximately four weeks.
Throughout their employment, the bar manager,
Gobelle, referred to Nelson using gendered nicknames such as
“sweetheart,” “sweetie,” and
“honey,” and also referred to them using she/her
pronouns. Nelson asked Gobelle on several occasions to use
their proper pronouns, or at the very least use
