Legislation Brings Gender-Inclusive Language

Gender-Inclusive LanguageRecent legislative changes acknowledge society’s growing understanding of gender diversity in all places, including the workplace. More provinces and territories may follow in adapting their employment legislation to reflect current norms. 

Employers can and should take proactive steps to create inclusive workplaces by acknowledging and promoting gender diversity and making sure to address employees by their preferred pronouns. Failing to do so could lead to potential human rights claims.

In various parts of the country, employment-related legislation has recently been amended to include gender-inclusive language. As society develops an understanding of gender diversity, our legislation is starting to keep up with the times.

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HRTO: Employer Liability for Proper Pronoun Use

HRTO: Employer Liability for Proper Pronoun Use

Photo by Just Jack on Unsplash

Background

In a recent decision, EN v Gallagher’s Bar and Lounge, 2021 HRTO 240 (CanLII), the Human Rights Tribunal of Ontario (the “HRTO”) found that an employer discriminated against three of his employees based on their gender identities, gender expressions, and sex by subjecting them to trans-and homophobic language, intentional outing, and by misgendering them through his refusal to use their preferred pronouns. 

The three Applicants, referred to as EN, JR, and FH, were kitchen employees at a restaurant managed by its owner, Jamie Gallagher; each identified as either genderqueer or non-binary, using the chosen pronouns ”they/them.” They openly requested to be addressed with these pronouns. 

The Allegations 

The Applicants alleged that, despite their requests, the owner refused to use their correct pronouns, instead repeatedly misgendering them and suggesting he had to “walk on eggshells” around them. As well, the Applicants overheard the owner, Mr. Gallagher, speaking with customers out in the open dining room/bar area, referring to the kitchen staff with transphobic slurs, calling them “trannies.” 

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