The Scope Of Human Rights In The Modern Workplace

At a time when the #metoo movement continues to galvanize, the Supreme Court of Canada has issued a landmark decision in British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62 that expands protection from discrimination in the workplace so that it now can potentially include within its scope harassment perpetrated by co-workers, even if they have different employers.

Background

The complainant in this case was an Iranian-born Muslim man and civil engineer who was employed by a consulting firm. He worked with Mr. Schrenk who was the site foreman on the construction project and who worked for a different employer.  The complainant filed a human rights complaint against Mr. Schrenk that alleged discrimination based on religion, place of origin, and sexual orientation.  The alleged conduct included statements that were clearly derogatory and related to these grounds.