Employer’s decision to withdraw offer of employment was informed by unconscious bias and discriminatory, B.C. Human Rights Tribunal rules
The British Columbia Human Rights Tribunal held that a government agency's decision to withdraw a conditional offer of employment during its security screening process was discriminatory. While accepting that the complainant's adversarial tone and language throughout the security screening process provided a basis for the employer to question the complainant's suitability for the position, the Tribunal held that the decision to rescind her offer was influenced by a stereotypical perception of her as a non-compliant and overly demanding Indigenous woman, and did not constitute an impartial evaluation of her qualifications or conduct. Finding that the applicant would have successfully begun a probationary period but for the discrimination, the Tribunal awarded the complainant $36,812.48 in lost wages, representing the wages the complainant would have earned during the six-month probationary period, and $15,000 for injury to dignity.