Reference no: EM133293531

Scenario

Jordan is a restaurant server who has worked at Scotty's Restaurant for 8 years. He is responsible for serving food and refreshments, general cleaning duties, and the training and onboarding of new servers. Jordan has always passed his performance appraisals. Jordan was born female but is now living completely as a male, and has done so for many years. Jordan's sexual orientation has never been discussed or revealed at work.

His new General Manager, Sarah, has been drafting new job descriptions for all employees at Scotty's Restaurant. Effective immediately, all new and current servers must be able to lift 65 pounds from waist to shoulder.

Jordan is not able to meet this standard due to a back injury suffered in his teens. He has never had to lift anything more than 20 or 30 pounds and there seems to be nothing in his duties which requires someone to have to be able to lift that much and he has never needed to
disclose this injury.

Sarah told Jordan that it is impossible to accommodate him. However, the company eventually found alternative work for Him. He was removed from serving duties and sent to work in the office where his new duties would be to answer the phone and talk to clients regarding poor service and other complaints.

After the move, things seemed to be going well. Jordan quickly learned his new job and it looked like he was meeting company expectations.
Shortly after starting his new position, he noticed that the assistant manager, Brian would often visit strange websites while sitting in the office eating lunch. One day, Jordan's computer froze so he quickly jumped on Brian's computer (Brian had just stepped away from the computer and did not lock the computer) and Jordan noticed that Brian had left open a page from the United States regarding anti-gay movements. Jordan was shocked to see this page calling for the expulsion of LGBTQ2 persons from countries into "their own place".

Brian came back from the bathroom and asked Jordan what he was doing. Jordan quickly said that his computer froze and that he had used Brian's computer to help a client. Jordan did not confront Brian about the website. Brian seemed okay with Jordan's answer and asked nothing further.About a month later, Esperanza was hired in their reception department. Esperanza is a newcomer from South America. Brian immediately took a dislike to Esperanza. He refused to help her "learn the ropes" of the job and told her to get help from Jordan. Esperanza just assumed that Brian was not particularly nice; she did not make any assumptions that he did not like her because she is an immigrant. But Jordan suspected that Brian was treating Esperanza differently because of this.

Jordan wanted to report Brian, but he knew that Brian and their manager Sarah are very good friends as they went to high school together.
One day, Jordan overheard Brian telling someone on the phone that "I can't stand Esperanza. I wish I could get that 'taco' fired!"

Jordan was fed up. He strongly believes that this type of language is wrong, and these types of attitudes have no place in society.

He went to his manager's office and told him that he wanted to tell her something in private. Sarah immediately shut the door. Jordan sat down and began to tell his story. Sarah decided to massage his shoulders to "make him feel comfortable". Jordan immediately told Sarah to stop, saying, "I don't like this", to which she said, "Don't be so upset, Jordan, I am only trying to make you feel better. You will like this, I'm sure." Jordan slipped away from Sarah and went back to his workstation.

The next day, Jordan saw Sarah in the parking lot. He confronted her saying "I was not comfortable with what you did last night, and even more so given that I am a transsexual and not at all interested in you "romantically". Sarah replied, "What I did? Jordan, you encouraged it and now you tell me you're "trans"?! You know nothing happened - you better not be making up stories! You can be terminated for lying."

Jordan was surprised and shocked. He was anxiously looking forward to the end of his shift so he could go home and regroup as he had a 3-week vacation scheduled. Now, Jordan has approached you about filing a complaint with the Human Rights Tribunal on his behalf. Your job is to present his case of discrimination against Scotty's Restaurant.

Assignment WRITE a written report using the following format:

Summary of Issues:
This is where you summarize the grounds of discrimination that Jordan experienced

Issues:
Here you provide details of each ground of discrimination. You should make reference to the applicable section(s) of the Human Rights Code and provide examples of relevant case law. Outline any tests, if applicable. The text has examples of cases with similar fact scenarios. Use online resources such as canlii.org to find more examples. Separate into subsections for each pertinent issue.

Conclusion:
This is where you draft your conclusion and state the remedy sought. In this case, you are asking the tribunal to award Jordan $25,000 damages for loss of dignity. This is not meant to be an extensive report. Three to four pages maximum should be sufficient to outline your position and present your case.