Ontario discrimination case shows importance for employers to document hiring decisions, policies to disprove links to protected grounds
In Provo v. CDMV Inc., 2026 HRTO 597, the Ontario Human Rights Tribunal (HRTO) provided an in-depth analysis of allegations of racism and the role of evidentiary data in analyzing allegations of preferential treatment.
In this case, the applicants alleged that they were subjected to differential treatment on the basis of race and colour. One of the applicants did not identify as Black, but alleged that their association with Black workers informed the employer’s treatment towards them.
The applicants both worked at a distribution centre in Brampton, Ont., until they were both separately terminated. In alleging that the termination was discriminatory, the applicants noted that when a new manager started at the distribution centre, more than 90 per cent of the workers were Black. After the new manager started, the demographics shifted, and most of the workers were of South Asian descent. In other words, they alleged that Black workers were replaced with South Asian workers due to the manager’s discriminatory preference for one race and/or ethnic group over the other.
The employer did not dispute that there was a demographic shift at the distribution centre. In denying that it was discriminatory, the employer explained that this shift was reflective of the demographic composition in Brampton.
The tribunal started...
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