NHL teams, players opt out of Pride jerseys: Employee rights

Several NHL teams and players have opted out of the National Hockey League’s (NHL) campaign focusing on inclusivity and diversity in hockey, sparking mixed reactions across the organization and from the public.

The campaign: The NHL launched its “Hockey is for Everyone” campaign in 2017, aimed at promoting inclusivity and diversity in hockey.

• Teams hold Pride Night festivities at different times to celebrate the LGBTQ+ community and raise money for community initiatives.
• Players were recently given the option to wear special rainbow-colored jerseys during warm-ups on Pride Nights.

The controversy: This year, several NHL teams and players have opted out of wearing rainbow jerseys during warm-ups.

• Notable players who have declined to don the jerseys include Andrei Kuzmenko, James Reimer, Ivan Provorov, and Eric and Marc Staal.
• All players with the Chicago Blackhawks, Minnesota Wild, New York Islanders and New York Rangers decided not to wear rainbow attire.
• The Blackhawks point to an anti-gay law in Russia that could harm the country’s athletes when they return home.

The reaction: Some praise the teams and players for taking a stand against the politicization of sports, while others criticize them for not doing enough to support LGBTQ+ rights.

• Many NHL teams are wary of being perceived as taking sides in a politically charged issue and potentially alienating their fan base.
• Some teams have pledged to continue their support for the LGBTQ+ community in different ways, such as through donations to LGBTQ+ organizations or by highlighting LGBTQ+ players and staff.
• While some argue that sports should remain apolitical, others believe that it is important for sports teams to use their platform to promote social causes.

Individual choice: Ultimately, the decision to participate in the campaign is up to each NHL team.

Can an employee be fired for not participating in an employer’s social cause?

An employer can’t fire an employee for cause — or without severance pay — for refusing to take part in a company’s social cause, assuming that the “social cause” in question is unrelated or ancillary to the person’s regular duties.

However, your boss can let you go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

This is called a termination without cause. In this situation, a full severance package could be as much as 24 months’ pay.

Besides “corporate restructuring”, the most common reason proffered for a dismissal without cause is “fit” and this can certainly include a determination by an employer that the worker doesn’t embody or reflect its corporate or social values.

Religious affiliation or disability

If your employer wants to organize a pride event, you can be fired for refusing to take part if the company provides you with notice of your termination or, more commonly, severance.

There is an open question as to whether there are circumstances in which a decision to terminate you might be considered discriminatory and, therefore, illegal.

• Example: You have compelling evidence that your religious affiliation or disability prohibits you from participating in the subject cause.

Fired for refusing to join your employer’s social cause?

If you are fired for any reason, including making a mistake, corporate restructuring, or opting out of an employer’s charitable or social campaign, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.