Female Twitter staff ‘disproportionately targeted’ during layoffs, lawsuit alleges

Two former Twitter employees have launched a discrimination lawsuit against the social media giant — alleging that female staff were “disproportionately targeted” when the company laid off approximately half of its global workforce last month.

In a joint complaint, filed in a San Francisco federal court on Dec. 7, Carolina Bernal Strifling and Willow Wren Turkal claim that 57 per cent of female workers lost their jobs on Nov. 4.

Approximately 47 per cent of Twitter’s male employees were reportedly let go, despite the company employing more men overall before the layoffs.

The complaint comes as the social media giant is facing a separate class action lawsuit in San Francisco.

Former employees claim that laid-off staff didn’t receive enough working notice from Twitter before they were terminated, which violates California and federal labour laws.

However, the company said on Nov. 21 that it did meet its legal obligations by notifying affected workers that their last day would be Jan. 4, 2023.

Canadian staff laid off

While two Canadian executives at Twitter shared on LinkedIn that they had been laid off, it remains unclear how many employees in the country were affected by the cuts on Nov. 4.

According to reports, the company began the year with a global workforce of approximately 7,500 people.

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• Elon Musk to Twitter staff: Be ‘extremely hardcore’ or quit
• Canadian engineers let go as Amazon confirms layoffs
• Layoffs in Canada

Can my employer fire me because of my gender?

In Canada, companies can let non-unionized employees go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

Since gender is a “protected ground” under federal and provincial human rights legislation, it would be considered a discriminatory reason for letting you go — making it illegal for your employer to terminate your employment.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

If your gender was a factor in your dismissal, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We can help you secure the compensation you are entitled to through a wrongful dismissal claim and a human rights complaint.

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Filing a human rights complaint

If you are fired or let go by your company because of your gender, that is a violation of your human rights and you should file a complaint.

In Canada, organizations such as the Human Rights Tribunal of Ontario, Alberta Human Rights Commission, and B.C. Human Rights Tribunal, are responsible for handling these matters.

Successful complaints can result in compensation — and even reinstatement — for the individual who experienced harassment or discrimination at work.

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How is severance pay calculated?

Severance pay for non-unionized employees in Canada can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

Our firm’s free Severance Pay Calculator can help you figure out how much you are owed.

If your company’s offer falls short of what is appropriate, you have been wrongfully dismissed and should file a claim for compensation.

LEARN MORE
• Severance pay for provincially regulated employees
• Severance for federally regulated employees
• Severance pay in a recession

Can my employer make major changes to my job because of my gender?

The short answer is no. Your employer can’t make major changes to your job because of your gender — this would violate your human rights.

In Canada, large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

If your company makes significant changes to your job without your consent, the law allows you to resign and pursue full severance pay through a constructive dismissal claim.

However, if you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Can your employer make changes to your job in Ontario?
• Changes to your employment in B.C.
• What happens when your job is changed in Alberta
• Do I get severance if I quit?

I’m being discriminated against at work because of my gender, what should I do?

In Canada, non-unionized employees don’t have to tolerate harassment and discrimination in the workplace, either from coworkers or managers.

Your employer should have a policy that outlines who you can speak to if you experience harassment or discrimination. An example would be the human resources (HR) department.

If you can’t deal with the situation internally because you are being harassed by management, an experienced employment lawyer at Samfiru Tumarkin LLP can help you explore your legal options.

When companies create, or allow for the creation of, a hostile or toxic work environment, this can be grounds for a constructive dismissal as well as a human rights complaint.

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My employer isn’t accommodating my disability because of my gender, what should I do?

Employers in Canada have a duty to accommodate non-unionized staff when it’s in relation to a protected ground under federal or provincial human rights legislation.

Examples of protected grounds include:

• Gender
• Disability (physical or psychological)
• Age
• Race
• Religion
• Family status

If you believe that your company didn’t properly fulfill their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and ensure that your workplace and human rights are properly enforced.

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• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

How we can help

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in Ontario, Alberta and B.C. can review your situation, enforce your rights, and secure the compensation you are owed.