Robert De Niro & Gender Discrimination at Work: 980 CKNW Interview

Interview Summary

A recent story involving actor Robert De Niro and a former assistant has raised lots of questions surrounding discrimination and harassment in the workplace.

De Niro’s former assistant was awarded US$1.2 million in compensation as the film production company was found to have practiced gender discrimination.

Is it difficult to prove harassment in the workplace? How can employees ensure they are treated with respect by their employers?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP spoke to Jill Bennett on 980 CKNW to answer these questions and more on employee rights and employer obligations.

Interview Notes

• Employers permitted to verbally berate employees: No employment laws prevent an employer from yelling or berating an employee verbally. Employees can choose to resign from their employment if they do not like how their employer treats them. Employees are entitled to a harassment-free workplace, however, and can and should voice harassment complaints.
• Gender discrimination at work: In Canada, there is human rights legislation that protects employees from being discriminated against based on gender. Gender discrimination, paired with a termination, can add additional compensation in the form of damages to a severance package.
• Distinguishing an employer’s behaviour: To argue gender discrimination, an employer’s behaviour would come into question regarding all employees in the workplace, and those of a particular gender. Generalized behaviour would work against an employee’s case for discrimination.
• Employer goes against workplace policy: Employers who are found to have broken workplace policies regarding safety in the workplace and harassment can face legal consequences. Employees can argue constructive dismissal as the fundamental terms of their employment have been broken. Employees need to have documented all instances of harassment to bring forth a strong case. Severance will be based on an employee’s age, position and years of service.