Facts versus assumptions highlighted in Ontario human rights decision
A woman who believed she was denied a promotion, then replaced by another individual because of her race and sex, has lost out on an application of discrimination, after a tribunal ruled that a strongly held belief, on its own, is not evidence that bias occurred.
The worker had spent nearly three years at Calian Group, where her pay climbed from $80,000 to $91,800, a 14.75-per-cent increase, with nine per cent in bonus payments, before she resigned in November 2019 to take a higher-paying job at another firm.
The worker, who self-identifies as a Black woman, said she had been passed over for the role of senior project manager and the larger pay increases that came with it.
After giving notice, she floated a proposal to stay on if she was promoted to senior project manager with a 25-per-cent raise. The company did not accept it, and her resignation took effect in December 2019.
Once she left, the employer brought in an external candidate to fill the role, a white man she believed had been handed the position, title and salary she had wanted. In her view, he was less qualified.
Discrimination allegations
Her application, filed in November 2020, raised three allegations of discrimination based on race, colour, ethnic origin and sex: that she was denied the promotion, that the company refused her offer to stay, and that it treated her replacement more favourably.
She believed the man hired after her...
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