Under Ontario’s Human Rights Code, it is illegal to discriminate against a person based on sexual orientation, gender identity or gender expression.
But does asking a volunteer to remove a rainbow flag sticker — a symbol for the 2SLGBTQ2 community — from their name badge constitute discrimination under the Code?
A recent decision by the Ontario Human Rights Tribunal (link below) provides valuable insights and clarification on this matter.
The case involved a volunteer usher at an Ottawa Chamberfest event who alleged that being asked to remove a rainbow flag sticker from his name badge was discriminatory. Chamberfest, however, maintained that the request was simply in line with its dress policy that did not permit any alteration to name badges.
After reviewing the evidence, the Tribunal ruled that the request did not amount to discrimination and dismissed the case stating, “There was no evidence that the wearing of a rainbow sticker was an essential element of being a member of the 2SLGBTQ2 community and as such there is no evidence to establish prima facie discrimination based on sexual orientation, gender identity or gender expression.”
The Tribunal went on to state: “Just because a decision is made in the context of the applicant’s attempt to promote the 2SLGBTQ2 community on the name tag issued by the respondent does not necessarily engage the Code. No evidence was presented to suggest that the applicant’s sexual orientation, gender identity or gender expression were factors in the respondent’s decision. Likewise, no evidence was presented from which to infer that the decision was motivated by a bias, conscious or unconscious, against the 2SLGBTQ2 community.”
This case highlights the nuances of workplace policies and human rights, especially when balancing personal expression with organizational guidelines.
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