A social assistance recipient, whose identity has not been revealed, was awarded $ 2,750 in moral damages, following a judgment by the Human Rights Tribunal.
The reason ? He was not given the opportunity to apply for a job as a home help attendant. The post in question was reserved for women only.
“This judgment provides a better understanding of how the Charter of human rights and freedoms applies to job offers. Indeed, it is prohibited to disseminate a job offer that excludes people on the basis of the 14 grounds listed in the Charter, including gender, said Philippe-André Tessier, President of the Commission.
“We are also satisfied that the Tribunal recognizes the responsibility of third parties for discrimination in hiring and that it has ordered the local employment center to provide training on discrimination in employment to all members of its staff. , current or future. “
The complainant was represented by the Commission des droits de la personne et des droits de la jeunesse.
In its judgment, the Tribunal described the distress which the man believes he suffered.
“(…) ashamed of being a last resort aid provider, (the complainant) is demolished when he is denied access to an employer because he is a man. He believes that he will never be able to get out of his precarious situation ”.
It was after a visit to a local employment center (CLE) that the man realized that he could not apply because of his gender.
In its decision, the Court rejected the argument that the Ministry of Labor, Employment and Social Solidarity, which manages the CLEs, cannot be responsible for the requirements of an employer, since it is This is a discriminatory selection criterion.