Sikh security guards dismissed over facial hair, now being reinstated by the City of Toronto

Recently, over 100 Sikh security guards, contracted by companies with the City of Toronto, were removed from their jobs as a result of not shaving their beards. The presence of unshorn facial hair, however, is one of the observations of the Sikh faith. Requiring a clean-shaven face to maintain employment was a violation of the Human Rights and Anti-Harassment and Discrimination Policy.

The dismissals occurred in response to a “clean-shave” policy implemented by the City regarding the fitting of N95 masks, which stated that the face-covering must be fitted securely against bare skin. 

Many contractors did not accommodate their employees that have long facial hair for religious reasons and cannot wear a protective N95 mask, which continues to be required by public health in shelter settings with an active COVID-19 outbreak. 

On Monday evening, the City of Toronto announced it would ensure all their security contractors fulfil their duty to accommodate and reinstate the employees that lost their job immediately, following a complaint made by the World Sikh Organization of Canada (WSO).

Employee’s rights to accommodation

The Canadian Human Rights Act is an act that extends the law that governs human rights. It protects individuals from being discriminated against for reasons including race, national or ethnic origin, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, or disability.

If you feel your human rights have been violated in the workplace, you should inform your employer immediately. If the company fails to respond appropriately or refuses to provide accommodation, you should contact an employment lawyer.

In situations where there are significant changes to your job, employees may also be presented with the option to claim constructive dismissal (or resignation with severance).

An employee may not be entitled to workplace accommodation if the request is unrealistic, meaning too difficult or expensive for the employer.

The employer’s duty to accommodate

When an employee is unable to perform their job due to religious reasons, the employer must provide assistance to the employee, even if it comes with some difficulty or expense for the business. Employers who fail to fulfil their duty to make reasonable accommodations for an employee, risk facing human rights violations.

Employers may have to change the employee’s job requirements, provide someone to help the employee perform their job duties, or make changes to the shift itself.

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

Severance Pay

If you are a non-unionized security guard that has been fired or laid off, you are owed severance pay. Severance is the compensation a non-unionized worker receives from their employer when they are fired without cause. If you were dismissed as a result of a human rights violation, you are likely entitled to additional damages.

How to properly calculate severance pay

Employers often incorrectly calculate severance pay. There is a belief that severance pay is one week’s pay, two weeks’ pay, or a week for every year of service an employee has with the company. While this formula may cover the minimum amount owed by a company as per provincial legislation, our legal system (“common law”) has determined that a full severance package should be higher – as much as 24 months’ pay.

For non-unionized employees, the main factors of termination or severance pay include age, length of service, position, bonuses, benefits and the ability to find new work.

Use our helpful Severance Pay Calculator to determine your severance entitlements.

Don’t sign on the dotted line!

Do not accept any severance offer, termination papers or exit agreement that your company may provide you with. Once you sign back these documents, you eliminate your ability to negotiate a fair and proper severance package.

How Samfiru Tumarkin can assist

If you are a non-unionized employee in Ontario, Alberta, or British Columbia and your employer has not properly performed their duty to accommodate you in the workplace, call us immediately. The lawyers at Samfiru Tumarkin LLP have helped employees resolve these issues with little difficulty, and in a quick manner.

Act now! Contact us online or call us at 1-855-821-5900.