$140,000 for racial slurs: BC human rights decision shows how mishandled complaints lead to big legal trouble
May 28, 2025
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When a worker alleges discrimination, and the employer’s investigation finds no evidence to support the claim, many believe the matter is resolved.
But a recent B.C. Human Rights Tribunal decision shows that what happens next can carry even greater legal risk—especially if the employee is disciplined or dismissed soon after raising concerns.
In Sarba v. Ruskin Construction Ltd., 2025 BCHRT 74, the Tribunal found that a Black construction worker was subjected to months of racial slurs, including the N-word, an inadequate investigation including more slurs, and ultimately a termination that amounted to discrimination based on race.
Even though the employer argued that the complainant had quit, the Tribunal found otherwise, concluding that the decision to stop scheduling him for work was linked to his complaints, not job performance or conduct.
According to employment lawyer Andrea Raso of Clark Wilson in Vancouver, while the case is a clear example of racial discrimination, it also illustrates a broader risk for employers: that retaliation—real or perceived—can become the basis for a successful human rights complaint, even where the original complaint was not substantiated.
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