A BC Human Rights Tribunal has partially upheld a discrimination complaint from a former BC Ferries employee, allowing allegations of a “culture of sexism” to proceed to a hearing while dismissing claims related to disability discrimination and termination.
The tribunal decided that claims from former lead operator and supervisor E.O-H. regarding workplace sexism at BC Ferries showed “more than mere speculation” and met the threshold required to proceed to a full hearing.
E.O-H., who worked for BC Ferries from 2008 to 2020, alleged discrimination based on both physical disability and sex. She claimed that a “culture of discrimination emerged in the last 18 months of her employment and that led to her being accused of misconduct, her version of events being dismissed, and ultimately to the suspension and termination of her employment.”
The tribunal member focused on whether there was “reasonable prospect” that the complainant could prove her disability or sex were factors in the negative impacts she experienced.
Termination claims dismissed
The tribunal dismissed all claims related to E.O-H.’s termination, finding they had “no reasonable prospect of success.”
BC Ferries terminated E.O-H.’s employment in April 2020, citing two off-duty incidents that allegedly demonstrated “inappropriate behaviour, including abuse of her authority.”
The first incident in June 2019 occurred when E.O-H. was attempting to board a ferry as a foot passenger with children and another parent. After being denied boarding because maximum passenger capacity had been reached, BC Ferries alleged she “became angry and yelled at deck crew in front of other customers; demanded that the crew remove already boarded vehicles or passengers so they could board; demanded that the Lead Operator look into the children’s eyes and tell them they would not be boarding; and later sent a threatening text message to the Lead Operator.”
This incident resulted in a 10-day suspension.
The second incident in March 2020 involved allegations that E.O-H., while off-duty, “intimidated a ticketing agent, then cut in line ahead of other ferry passengers in order to be boarded on a priority basis.”
E.O-H. disputed these characterizations but acknowledged removing a cone to enter the priority boarding lane during the second incident. She argued her accounts of both incidents were dismissed because of her sex and disability.
The tribunal disagreed, noting: “It is not enough to say that she is a woman with a disability and BC Ferries preferred the evidence of the male witnesses, or that she is a woman, and the male witnesses made false accusations against her.”
The tribunal found it “relevant that BC Ferries ultimately preferred the evidence of the Ticketing Agent, who is also a woman” in the second incident.
Disability discrimination claims dismissed
The tribunal also dismissed all allegations related to disability discrimination, including claims that BC Ferries:
- Forced E.O-H. to apply for long-term disability benefits while on a return-to-work plan
- Told her she had 10 days to return to work or would be replaced
- Blocked her WorkSafeBC claim process
E.O-H. had a neurological impairment resulting from a workplace injury that was later deemed permanent by WorkSafeBC. She took several medical leaves between 2017 and 2019.
The tribunal found the evidence indicated “that BC Ferries informed E.O-H. about important deadlines related to her benefits, her options, and the potential consequences if she did not apply for LTD promptly.”
It also noted “the evidence is clear that BC Ferries returned E.O-H. to her position immediately after receiving information from her doctor that cleared her for a full return.”
Sexism allegations to proceed
The tribunal allowed E.O-H.’s allegations of a “culture of sexism” to proceed to a hearing. These claims included:
- BC Ferries placed men on her crew “known to be sexually inappropriate and have problems taking direction from women”
- She had to repeatedly speak to crew about not using foul language and making sexually inappropriate jokes
- A crew member told her he would transfer if another woman were hired
- Male crew members with less seniority and responsibility challenged and undermined her authority
- The environment became “toxic and stressful for her as a woman due to disrespect and insubordination”
- She asked BC Ferries for assistance but received no response
The tribunal found that “BC Ferries does not specifically address the allegation that E.O-H. was exposed to an emerging culture of sexism onboard the BSC [Baynes Sound Connector],” particularly where she “appears to have raised specific concerns about men on her crew using sexually inappropriate language, not taking her direction seriously, and undermining her as a female leader.”
BC Ferries had disputed these allegations, claiming that E.O-H. never alleged sexual harassment during its investigation into interpersonal conflicts among BSC crew. The company produced emails and handwritten investigation notes but “did not produce a report or other summary of relevant findings and actions taken, if any.”
The tribunal concluded that E.O-H. had met “the low threshold required to proceed to a hearing” on allegations of workplace sexism.
E.O-H., who was a union member, originally grieved her termination but reported that “there were issues with the settlement, and the Union refused to look at the big picture of the situation and withdrew their support.”
In allowing the sexism allegations to proceed, the tribunal emphasized that it was “not commenting on her chances of success, only that she has met the low threshold required to proceed to a hearing.”
For more information, see O’Brien-Hornsey v. British Columbia Ferry Services Inc., 2025 BCHRT 72 (CanLII).
