A 53-year-old Executive Assistant who was told her experience was “too senior” for the employer’s needs has been awarded $38,000 after the Human Rights Tribunal of Ontario found her age and sex were factors in her termination.
The Executive Assistant, who was hired in February 2019 for the CEO of a real estate data company, told the Tribunal that she was the oldest employee other than her boss, and that he made harassing and discriminatory comments to her and other female employees. For instance, in her first week of employment, the CEO had looked her up and down and said, “I wonder what you will look like in 10 years.”
The CEO denied making this or other discriminatory comments. However, the Adjudicator found his testimony “exaggerated, contradictory, and evasive.”
The Executive Assistant said she was surprised to receive a termination letter after less than 1 month into the job, which stated that her “experiences, although stellar, are too senior for what our actual needs are.”
The Adjudicator found that the timing of the termination, 2 days after she had received a pay rise and praise for her performance, suggested that her complaint to HR about the CEO’s behaviour may have been a catalyst in her firing.
While the employer’s argued that the Executive Assistant was a probationary employee terminated for non-discriminatory reasons, the Adjudicator found that her age and sex were factors in her termination, noting that the employer would have been aware of her experience and senior level of expertise based on her resume and interview.
The Adjudicator stated “References to her ‘assertiveness’, ‘senior’ level of experience, and ‘motherly’ placards in the washroom, I find synonymous with age and sex discrimination.”
The employer was ordered to pay $38,000, representing $13,000 in lost wages and $25,000 for injury to dignity, feelings and self-respect.
