A former employee of Energy Call Solutions (ECS) has been awarded $44,625 by the Human Rights Tribunal of Ontario after the Tribunal ruled that the company failed to accommodate her religious practices.
The decision, issued on May 1, 2024, found that the owner of ECS discriminated against J.B., a practicing Muslim, by not providing her with reasonable accommodations for prayer and ultimately terminating her employment.
J.B., who worked as a customer service representative for the Hamilton-based call centre, had requested time and space to observe her daily prayers as required by her faith. The Tribunal heard evidence that she regularly prayed during breaks in a designated lunchroom, a practice known to her coworkers and supervisors.
During the three-day hearing in February 2024, J.B. testified that her requests for schedule adjustments to accommodate prayer during Ramadan were denied. The owner allegedly told her that if he accommodated her, “he would have to accommodate all religions.” The case further escalated when J.B. was interrupted during prayer on October 18, 2018, which led to a verbal confrontation and her subsequent dismissal the following day.
The Tribunal, chaired by Adjudicator Mario Silva, concluded that ECS failed in its duty to accommodate her religious needs and that her termination was influenced by her religious practices.
Accommodation requests denied
According to the ruling, J.B. informed ECS at the time of her hiring in 2017 that she practiced Islam and needed to pray several times a day. While ECS initially agreed to her praying at her desk, she later requested a private space, citing the growing clutter and busyness of the office. These requests were denied, and J.B. eventually began praying in the lunchroom, which was also used as a boardroom.
In March 2018, J.B. asked for a shift change to break her fast and attend mosque services during Ramadan. She testified that the owner refused the request, saying, “there are thousands of religions” and questioning the need for accommodations. Instead, J.B. was told to find another employee to switch shifts with, rather than ECS coordinating the change.
Prayer interrupted, termination follows
The incident that led to her termination occurred on October 18, 2018. The Tribunal heard that J.B. was praying in the lunchroom when the owner entered and touched her on the shoulder to get her attention. She testified that he told her people felt “uncomfortable” with her praying in the space.
A verbal altercation ensued, during which both J.B. and the owner raised their voices. J.B. accused him of making derogatory comments about her religion, including, “don’t get too excited, it’s not a bomb.” The owner denied these allegations but admitted he interrupted the prayer.
The following day, J.B. was informed by her manager that she was terminated for insubordination. She contested the termination, stating that she was never provided with a termination letter or any formal explanation of her alleged insubordination.
Tribunal findings
The Tribunal found her testimony credible and consistent with the evidence provided by her witnesses, which included several former ECS employees. The ruling noted that while the owner claimed employees had complained about her prayers, there was no corroborating evidence to support this. The Tribunal concluded that no such complaints were made and that his actions in interrupting her were discriminatory.
In the ruling, Silva emphasized the employer’s responsibility to accommodate religious practices under the Ontario Human Rights Code. He noted that ECS failed to provide a legitimate reason for denying her prayer requests, and no efforts were made to educate employees on respecting religious accommodations.
“The respondent’s action of interrupting the applicant during prayer was disrespectful and relevant to the issue of whether the applicant experienced discrimination on the ground of creed,” Silva wrote.
The Tribunal also criticized ECS for its lack of internal policies on religious accommodations and human rights protections, a factor that weighed heavily in the decision.
Compensation awarded
J.B. was awarded $35,000 for injury to dignity, feelings, and self-respect, along with $9,625 for lost wages. The Tribunal ordered ECS to pay prejudgment interest from the date of her termination and post-judgment interest if the award is not paid within 30 days.
For more information, see Bueno v. Energy Call Solutions, 2024 HRTO 619 (CanLII).
