Ruling (.pdf) - International Center for Law and Religion Studies

[256] I find this violation to be particularly serious and deserving of a substantialdamage award for several reasons. First, I have found that Christian Horizons failedcompletely to ensure that its workplace environment was free from discriminationagainst gays and lesbian. Its policy, based on the belief that homosexuality wasunnatural and immoral, engendered fear, ignorance, hatred and suspicion. It sent themessage to employees that gays and lesbians were not equal members of theworkplace community. There was no effective process and no training to respond to orprevent the likely consequences of these beliefs and policies. The only response ofChristian Horizons to a gay person in the workplace, was to offer counselling, so as toeffect “restoration.”2008 HRTO 22 (CanLII)[257] Second, the manner in which Mr. Alemu responded to Ms. Odhiambo’sallegations of resident abuse and personal harassment by Ms. Heintz was bothinadequate and tainted by discrimination. Ms. Heintz was subjected to an ordeal whichresulted in profound emotional anguish and physical symptoms.[258] Ms. Heintz testified about how distressed she was at the course of events thatunfolded after June 23, 2000 when Ms. Odhiambo submitted the occurrence report.She was not told of the resident abuse allegations or of the allegations of personalharassment. She found out from other staff that these allegations had been made. Shefound out that Mr. Alemu was asking staff about how they felt about her sexualorientation. She testified that she felt under attack.[259] During the formal inquiry, she expressed concern that certain staff wereuncomfortable about her sexual orientation. Ms. Odhiambo made allegations aboutabusive and threatening behaviour by Ms. Heintz which was tied to her sexualorientation, and to stereotypes of gays and lesbians. The outcome of the inquiry was tofind the allegations of resident abuse to be inconclusive, and that Ms. Odhiambo’sconcerns should be taken seriously.[260] The only formal measures to be taken by Christian Horizons’ managementfollowing Mr. Alemu’s investigation and the formal inquiry was to issue discipline to Ms.78