The Canadian Human Rights Tribunal has ruled a northern Manitoba community discriminated against a female employee, Photo: APTN News
Warning: This story contains distressing details
A First Nation in northern Manitoba has been ordered to pay a female employee more than $44,000 for discrimination.
A judgement released Aug. 21 by the Canadian Human Rights Tribunal said the woman was fired after her boss bad-mouthed her to executives of the department. Turns out the boss was a “healer” who sexually assaulted her 25 years earlier.
Tribunal member Colleen Harrington ordered the band to pay $13,000 for “pain and suffering experienced as a result of the discriminatory practice”, $1,500 for “reckless discrimination”, and $29,999.97 for lost wages – plus interest – within 90 days of the decision that was released in June.
The band did not participate in the hearing despite repeated requests from the Tribunal.
Harrington concluded the woman was discriminated against based on her sex.
“Both of (the band’s) Executive Directors relied on information from (the boss) to make their respective decisions to reprimand (the woman) and to terminate her employment … ,” wrote Harrington in the 32-page decision.
“While they may not have known what (he) had done to (her) in 1996,” the decision said, “they apparently took his targeted complaints about her at his word without putting them to (her) before acting on them. This shows a careless indifference to an employee who, prior to (the boss’s) employment as her supervisor, had an unblemished performance record …
“Having her employer of several years listen to complaints about her and believe the person who had sexually assaulted her was extremely hurtful,” Harrington added.
Woman was shocked
According to the decision, the woman was shocked when the man became the boss of the department where she had worked for two decades. Harrington said the woman didn’t go to department executives, but disclosed the sexual assault to Human Resources.
Yet Human Resources remained mum, the decision noted.
“Their job descriptions … reasonably placed some responsibility on them to communicate what they knew about (him),” wrote Harrington, “especially when it became apparent that his targeted complaints would result in (her) termination.”
The decision said the “healer” had died prior to the hearing.
The woman, who was the main breadwinner in her family, was also barred from applying for another job for six months. She was forced to go on social assistance for less than half of what she was making, which Harrington said further added to her stress and embarrassment.
The woman was later hired in another department of the band government, which is the main employer in the community nortth of Winnipeg.
The chief of the community declined to discuss the decision.
“I can’t comment on the issue,” he said in an email to APTN News.
First Nation governments
Sherry Greene, an Alberta-based advocate fighting for more information from First Nation governments, said it was a big win for human rights on reserves.
“It’s really empowering to other First Nations women,” Greene, a member of Samson Cree Nation, said in an interview from her home in Edmonton. “There are so many stories that have been told like that (where) they’re afraid to stand up.
“They don’t speak up because they’ll be banned, they’ll be punished for accusing (someone) who could be the band administrator or a (department) director.”
Harrington said she relied on the evidence of the woman after the band “consistently ignored” the Tribunal’s efforts to make contact. The band only forwarded “portions” of its workplace policies, she added.
“As such, the Tribunal is unaware of whether (the band) has policies in place to deal with discrimination and harassment in its workplaces,” the decision said.
Harrington ordered the band to submit to a “policy review and/or implementation to prevent future acts of discrimination.”
Greene founded the First Nations Financial Accountability and Transparency Movement on Facebook, which now has thousands of members.
She said unhealed trauma – usually from the impact of residential schools – is a destructive force that often silences victims and keeps them in abusive situations.
“This woman was very strong; most people are afraid to speak up,” she said.
“There’s so many human rights violations (on reserves).”
APTN has chosen not to name the community or the woman after she voiced concerns about repercussion.
If you have experienced sexual violence you are not alone and there is help available. Across Canada there are sexual assault services that can provide information, advocacy, and counselling. Locate resources in your community here.
