- May 12, 2021
- Human Rights Decisions
On December 15, 2017 the Supreme Court of Canada (“SCC”) released its decision in British Columbia Human Rights Tribunal v Schrenk, a decision concerning the extension of protection under the BC Human Rights Code from discrimination to less traditional employment relationships. The majority opinion written by Justice Rowe held that Code protections are not limited in protecting employees solely from discriminatory harassment by superiors in the workplace.
Mohammadreza Sheikhzadeh-Mashgoul filed the original complaint at the BC Human Rights Tribunal. He was a civil engineer working as a site representative of an engineering firm on a construction project. Schrenk was the site foreman on the project who allegedly made derogatory comments regarding Sheikhzadeh-Mashgoul’s place of origin, religion and sexual orientation.
Schrenk sought to dismiss the complaint arguing that the Code had no application because he was not in an employment relationship with Sheikhzadeh-Mashgoul. The Tribunal held it had jurisdiction to hear the complaint, a decision which the Court of Appeal overturned.
At the SCC, the majority held that the Code prohibits discrimination against employees whenever that discrimination has a sufficient nexus with the employment context. This includes discrimination by a co-worker, or another worker on the job site that has a different employer. The SCC held that this was consistent with a broad, remedial and purposive reading of the Code.
The majority determined that the Tribunal did not err when it concluded Schrenk’s conduct was covered by the Code despite the fact he was not Sheikhzadeh-Mashgoul’s employer or superior in the workplace. The conduct amounted to discrimination regarding employment, as it was perpetrated against an employee by someone integral to his employment context.