The Situation
A Toronto pizza restaurant owner has been ordered to compensate a former employee after the Human Rights Tribunal of Ontario found that the worker experienced racial discrimination and reprisal following a complaint about a customer’s racist comment.
The case involved an African American employee who worked as a pizza chef at Amico’s Pizza Restaurant. During a shift in June 2020, a customer watching news coverage of a Black Lives Matter protest allegedly made an extremely offensive racist statement directed at Black people.
The employee reported the incident to the restaurant owner after his shift ended. Instead of addressing the complaint, the owner told the employee he was “being aggressive.” The employee was then paid in cash, told not to return for his next scheduled shift, and was later informed that the owner was no longer comfortable having him work at the restaurant.
The employee subsequently filed a human rights application alleging discrimination, a poisoned work environment, and reprisal.
The Employer’s Response
The restaurant owner failed to participate in the Tribunal process despite receiving notice of the application and multiple opportunities to respond. As a result, the Tribunal deemed the owner to have accepted the allegations contained in the application and waived the right to participate in the hearing.
The hearing proceeded without the respondent present.
The Tribunal’s Findings
The Tribunal found that the employee belonged to a protected group under the Human Rights Code and had experienced adverse treatment following the incident.
The evidence established that:
- The employee was subjected to racist language in the workplace.
- Management failed to appropriately address the incident.
- The employee’s complaint was met with hostility rather than support.
- The employee lost his employment shortly after raising concerns about the racist remark.
The Tribunal concluded that race, colour, ancestry, place of origin, and ethnic origin were factors in the treatment the employee experienced.
The Tribunal also found that terminating or effectively ending the employee’s employment after he raised concerns about racism constituted reprisal under the Human Rights Code.
The Remedy
The Tribunal ordered the respondent to pay:
- $35,000 as compensation for injury to dignity, feelings, and self-respect.
- $5,881.64 for lost wages.
- Pre-judgment interest on the lost wages award.
The total award exceeded $40,000, excluding interest.
Key Takeaways for Employers
1. Complaints About Racism Must Be Taken Seriously
Employers have a duty to respond appropriately when employees report discriminatory conduct, whether the conduct originates from co-workers, customers, clients, or other third parties.
2. Customers Can Create Human Rights Liability
Workplace harassment and discrimination are not limited to interactions between employees. Employers may be liable when they fail to address discriminatory conduct by customers or patrons.
3. Retaliation Can Be More Costly Than the Initial Complaint
An employer who penalizes an employee for raising a human rights concern may face a separate finding of reprisal, even where the employer disputes the underlying complaint.
4. Participate in Legal Proceedings
Ignoring a human rights application can have serious consequences. When respondents fail to participate, tribunals may accept allegations as proven and proceed without hearing the employer’s side of the story.
Bottom Line
This decision serves as a reminder that employers must promptly investigate and address complaints involving racism or other forms of discrimination. Equally important, employees must be able to raise concerns without fear of retaliation. Failure to do so can result in significant monetary awards and reputational damage.
Source: https://www.canlii.org/en/on/onhrt/doc/2026/2026hrto899/2026hrto899.pdf
