Three former employees of TJ Construction Management have been awarded damages totaling more than $320,000 after the Human Rights Tribunal of Alberta ruled they had been subjected to gender-based harassment and discrimination at the hands of the company’s CEO.
That included compensation for general damages, discrimination, retaliation, and wage loss.
The complainants — A.O., L.P., and J.S. — successfully argued that they experienced unwelcome and discriminatory behavior leading to the termination of their employment, which is contrary to section 7 of the Alberta Human Rights Act.
What happened
The Tribunal Chair, detailing the reasons, highlighted that the CEO’s actions included inappropriate physical contact, derogatory comments, and sexual advances, which significantly impacted the complainants’ work environment and personal dignity.
The CEO subjected A.O. to repeated gender-based and physical disability discrimination, manifesting through derogatory comments, unwanted physical contact, and an insistence on obtaining private medical information beyond acceptable workplace requirements.
Specifically, A.O. experienced inappropriate remarks about her physical appearance and attire, with the CEO making demands that she wear “sexy” clothing and berating her for not complying.
Additionally, the harassment extended to unwarranted and unwelcome physical interactions, including “nuzzling” his face into her neck, attempting to kiss her, and touching her without consent.
L.P. faced similar mistreatment. He frequently addressed her with sexually suggestive nicknames and made unwelcome comments about her appearance, creating an environment that was both hostile and demeaning.
L.P. testified that the CEO’s behavior, including hovering around her desk and making unsolicited physical contact, significantly contributed to her decision to leave the employment.
J.S.’s testimony further corroborated the pattern of his inappropriate behavior. After learning of her pregnancy, he subjected her to aggressive and demeaning outbursts, accusing her of being a liability to the company.
He demoted her from her position as his executive assistant, directly associating this action with her pregnancy.
Moreover, the CEO made repeated inappropriate comments regarding her pregnancy and personal life, and engaged in unwanted physical contact, further exemplifying his disregard for professional boundaries and the dignity of his employees.
Retaliatory lawsuits
In an act of retaliation further exacerbating the workplace misconduct, the CEO filed two significant lawsuits against the former employees.
The first lawsuit, initiated in 2020, targeted A.O., asserting she conspired to inflict economic harm and damage his reputation by filing false human rights complaints.
In 2021, he expanded his legal offensive to include L.P. and J.S., accusing them alongside A.O. of a co-ordinated effort to tarnish his business image and seeking astronomical damages totaling millions.
These legal actions were deemed retaliatory, aiming to intimidate and financially burden the complainants. The timing of these lawsuits coincided closely with the procedural milestones of the human rights complaint process, underlining their retaliatory nature and constituting a breach of section 10 of the Alberta Human Rights Act, which protects individuals from retaliation for filing discrimination complaints.
“I conclude that a substantial reason for the filing of the 2020 Claim and 2021 Claim was to intimidate and upset the complainants and to discourage them from advancing their Discrimination Complaints,” the Tribunal said.
Damages breakdown
The total amounts awarded to each complainant are as follows:
- For A.O.:
- General damages for discrimination: $75,000
- Damages for wage loss: $26,800
- General damages for retaliation: $100,000
- Special damages for legal fees: $3,921.03
- Total for Oliva: $205,721.03
- For L.P.:
- General damages for discrimination: $30,000
- Damages for wage loss: $11,200
- General damages for retaliation: $25,000
- Special damages for legal fees: $1,353.88
- Total for Pascoe: $67,553.88
- For J.S.:
- General damages for discrimination: $50,000
- Total for Strong: $50,000
The Tribunal stressed the importance of maintaining a respectful and safe work environment, free from harassment and discrimination, to uphold individuals’ rights and dignity.
For more information, see Oliva, Pascoe, and Strong v Gursoy, 2024 AHRC 45 (CanLII).
