Basis for a successful complaint under the Ontario Human Rights Code

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Alice, Brad, and Carole have all worked at a Keg Restaurant in Toronto for three years as servers. When the company posts a job for a new Assistant Manager all three apply but none of them get the job.

 

  •  Alice doesn’t get the job because the manager believes that Alice suffers from anxiety and depression and that the Assistant Manager job will be too stressful for her.
  • Brad doesn’t get the job because his sister is already a Manager, and the Keg has a policy against promoting family members of existing Managers.
  • Carole doesn’t get the job because her religion forbids her from working Friday nights, which is a shift the employer wants the Assistant Manager to work.

 

Alice, Brad, and Carole come to you for legal advice.  Using the two-step human rights model, fully explain whether each of the three employees has a basis for a successful complaint under the Ontario Human Rights Code