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Thursday, February 5, 2026

Federal Court upholds TD Bank's demotion of manager during restructuring - HRD America

Performance ratings and tenure trumped discrimination allegations in restructuring case

A Black employee recruited with diversity objectives, promoted to management, then demoted within a year during a national restructuring program while two white colleagues in the same district received promotions has lost his discrimination case against Toronto-Dominion Bank. Justice Michael Manson of the Federal Court dismissed the judicial review application on Feb. 3, 2026, upholding the Canadian Human Rights Tribunal's finding that the bank's IRIS restructuring program was implemented without reference to protected characteristics.

Christian Jesus Jonathan Jacob Miller, who self-identifies as a Black man of African Caribbean descent, began as a Financial Advisor in March 2015. He was promoted in March 2017 to Manager of Customer Service and Sales at the Owen Sound branch, advancing from pay level 6 to pay level 7. In about March or April 2018, his position was eliminated under IRIS and he was mapped to a Financial Advisor role at pay level 6, while two white male employees whose positions were also eliminated were promoted into Manager Financial Services positions at pay level 8.

When diversity meets restructuring decisions

Miller argued that an asymmetry between diversity-focused hiring and performance-based redundancy protocols amounted to adverse effect discrimination. The IRIS program, approved in early 2017, affected approximately 961 employees including 119 in the MCSS...



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