Discrimination Archives - Page 5 of 7

Investigating the invisible: Examining subtle racial discrimination (Part 2)

September 10, 2019 | By Melody Jahanzadeh

The concept of a “microaggression” has received significant attention in recent years, and was explored more fully in a previous post. At its core, a microaggression is a subtle, often unintentional, behaviour that is rooted in stereotypes about marginalized groups. Despite the absence of ill will, microaggressions in the workplace can nonetheless amount to discrimination or harassment.

However, the challenge for investigators arises in determining whether a seemingly innocuous comment or action was motivated by a discriminatory stereotype or bias. When examining such allegations, investigators may wish to rely on the broader context and circumstantial evidence in arriving at their conclusions.

Building safety in sport – Lessons in shifting culture

September 6, 2019

I am the Harassment and Discrimination Officer for my community sport club. Unlike my club peers who volunteered for the board of directors or fundraising committee and who are busy organizing weekly bake sales, seeking sponsors and promoting online fundraising campaigns, my volunteer role has required little of my time. But that is likely changing and for a good reason. Amateur sport in Canada is undergoing a cultural transformation, specifically around safety in sport and the creation of a safe environment for all participants, particularly children.

Investigating the invisible: Examining subtle racial discrimination (Part 1)

August 23, 2019 | By Melody Jahanzadeh

Overt racial discrimination, such as a racial slur or derogatory comment, can be easy to spot. However, the difficulty for investigators arises where an allegation of race-based discrimination seemingly does not relate to race at all. As discussed further in this post, such forms of discrimination (often dubbed “microaggressions”) are often manifested through subtle, unintentional behaviours that perpetuate stereotypes about marginalized groups.

The question then arises: how can allegations of subtle racial discrimination be investigated, let alone proven, where there is no obvious link to race? In the case study below, we outline considerations for investigators through the following scenario.

How an external investigation actually saved money for an employer

June 24, 2019 | By Cory Boyd

At Rubin Thomlinson we deliver a lot of training on conducting workplace investigations and often the discussion turns to the costs of conducting an investigation, whether it be the monetary costs of an external investigation or the time costs of an internal investigation. These costs are typically balanced with the benefits of conducting an effective investigation, such as allowing employees to be heard, demonstrating a commitment to a respective workplace culture by “walking the talk” of policies, clarifying what actually occurred, and implementing targeted outcomes.

Straight and gay: Two cases of sexual misconduct at Canadian universities

June 20, 2019

Most reported cases of sexual misconduct on university campuses follow a common narrative: a male professor engages in sexual misconduct with female student. This scenario pits sexual violence advocates against institutions and engages the media. But what happens when the narrative changes?

How microaggressions can turn a “compliment” into discrimination and harassment

May 14, 2019 | By Melody Jahanzadeh

Examples of problematic workplace behaviours often include the obvious: a racial slur, a homophobic “joke” or inappropriate touching. But what happens when the behaviour in question is less overt? While seemingly innocuous, these types of comments can amount to what has been dubbed “microaggressions”. Named the ‘Top Word of 2015’ by the Global Language Monitor, this term has become increasingly popular in our common parlance. But what are microaggressions and why should employers (and other institutions) be concerned about them?

But I did an Investigation…: BC Human Rights Tribunal weighs in on investigative gaps in discrimination case

April 26, 2019

The law on harassment investigations tells us that an employer must conduct an investigation that is “reasonable” and “appropriate in the circumstances.” The challenge is to know what the exact content of a reasonable and appropriate investigation is, particularly when the workplace issue to investigate appears to be like a puzzle with missing pieces whose final picture is constantly shifting.

Cultural understanding vs. “culturalism” in workplace investigations

March 25, 2019

One of my most embarrassing moments occurred in high school when I had dinner with a friend, whose grandmother was visiting from Iran. She had made us a wonderful meal, and because she didn’t speak any English I tried to convey my gratitude with two enthusiastic thumbs up. She gave me a shocked look and ran out of the room, while my friend and her parents dissolved into horrified giggles. Apparently, the “thumbs up” gesture does not mean the same thing throughout the world.

Serious insight for serious situations.