After working at the same location for 10 years, a day-spa employee was transferred after being physically attacked at work by a Muslim co-worker. The employee, who was not Muslim, noted that the owner who made the decision to transfer her was Muslim and claimed religious discrimination. The Human Rights Commission agreed and awarded the employee $15,000 in lost wages and other damages. There was evidence that religion figured in the decision and that the transfer had a negative impact on the employee’s position and wasn’t just a lateral move as the owner contended. The Commission was also unimpressed with the owner’s claim that the transfer was “reasonably necessary” for the employee’s own safety [Andric v. 585105 Alberta Ltd. o/a Spasation Salon & Day Spa, 2015 AHRC 14 (CanLII), Aug. 6, 2015].
Transferring Non-Muslim after Work Attack = Religious Discrimination
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