Workday facing age discrimination lawsuit, HR software allegedly biased

What’s going on at Workday?

Workday is facing a major lawsuit — alleging that its job applicant screening technology discriminates against older candidates.

Court documents claim that the software giant’s algorithm “disproportionately disqualifies individuals over the age of 40 from securing gainful employment” when it screens and ranks applicants.

“We’re confident that once Workday is permitted to defend itself with the facts, the plaintiff’s claims will be dismissed,” a company spokesperson told CNN.

In addition to financial damages, the lawsuit wants a court order requiring Workday to change its hiring practices.

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What should I do if I experience harassment or discrimination at work?

If you experience harassment or discrimination from a co-worker or supervisor, document the incidents in writing and report them to the appropriate department at your company (i.e. human resources).

Non-unionized employees in Canada have a right to work in an environment free of harassment and discrimination.

WATCH: Employment lawyer Lior Samfiru explains everything you need to know about workplace harassment on an episode of the Employment Law Show.

It’s illegal for workers to be discriminated against based on protected grounds under provincial and federal human rights legislation.

Examples of protected grounds include:

Your company has a duty to investigate and respond appropriately to allegations of harassment and discrimination in the workplace.

What should I do if my employer is harassing or discriminating against me?

If your employer is creating, or allows for the creation of, a hostile or toxic work environment, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance, which can be as much as 24 months’ pay.

If you believe that you have been constructively dismissed, don’t resign before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation that you are owed.

SEE ALSO
• Wrongful dismissal in Canada: Employee rights
• Employment Law Show: How to handle a bad boss
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Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint if you experience harassment or discrimination in the workplace.

The Human Rights Tribunal of Ontario, Alberta Human Rights Commission, and B.C. Human Rights Tribunal are examples of organizations that are responsible for dealing with complaints pertaining to their province’s human rights legislation.

Successful human rights complaints can result in compensation for the individual who experienced harassment or discrimination at work.

Can my boss punish me for reporting harassment or discrimination at work?

The short answer is no. Many provinces have legislation in place that gives non-unionized employees the right to report harassment or discrimination at work.

• Example: Your manager constantly insults you because of your age. You inform your employer that you are being harassed by a member of the management team. The company can’t make major changes to your job as punishment, including demoting you, cutting your pay, or increasing your workload. These types of modifications are illegal in Canada.

If your boss disciplines you or threatens to discipline you for asserting your workplace rights, contact our firm immediately.

We can determine if you were the victim of a workplace reprisal.

ADDITIONAL RESOURCES
• Workplace reprisals in Ontario: Employee rights
• What Albertans need to know about workplace reprisals
• Workplace reprisals in B.C.: Comprehensive employee guide

My boss is pressuring me to quit after reporting harassment at work, what should I do?

No matter how upset your employer is that you reported harassment or discrimination at work, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

SEE ALSO
• Resigning in Ontario: Employee rights
• What Albertans need to know about resignations
• What workers need to know about resigning in B.C.

Once you have gathered all of the relevant documents, don’t resign before contacting an experienced employment lawyer at Samfiru Tumarkin LLP.

We can tell you if you have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with a member of our team as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: Situations that trigger legal disputes

Can my employer fire me for reporting harassment or discrimination at work?

No. Since many provinces have legislation in place that gives non-unionized employees the right to report harassment or discrimination at work, it would be seen as retaliation if an individual is fired shortly after doing so.

However, employers in Canada can let staff 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.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Workplace issue? Talk to our team

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and SHOULD NOT be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.