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

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[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
Heintz. None of her concerns about being targeted because of her sexual orientationwere addressed. No formal steps were taken to address the other apparent issuescausing stress in the team. No other discipline was taken against any other employee.Ms. Odhiambo’s dubious allegations were taken seriously, and Ms. Heintz’sperformance was questioned unjustifiably. The actions of Christian Horizons weretainted by discrimination and caused Ms. Heintz to be victimized at a time when shewas particularly vulnerable.[261] The Commission called evidence about the stress and emotional distresssuffered by Ms. Heintz. Ms. Heintz testified that she felt completely emotionally drainedafter the investigation and inquiry process. She felt that the staff and management wereganging up on her, and she felt completely alone. She felt hurt that the organizationthat she had worked for, and was so dedicated to, had abandoned her.2008 HRTO 22 (CanLII)[262] Her physician, Dr. Bedrosian, testified she saw Ms. Heintz on a number ofoccasions before and after Ms. Heintz resigned. She diagnosed Ms. Heintz with adepressed mood, anxiousness, difficulty sleeping, and poor concentration. Sheidentified Ms. Heintz’s symptoms, including shoulder pain, as arising from situationalstress at work. She recommended a month’s medical leave in late August.[263] As noted earlier, Christian Horizons elicited evidence, through Ms. Heintz andother Waterloo 6 employees, that a number of issues were causing stress among allmembers of the Waterloo 6 staff in the spring and summer of 2000. While I have takenthis into account in the assessment of damages, the fact remains the feelings ofvulnerability, isolation, self doubt, loss of dignity and emotional exhaustion experiencedby Ms. Heintz were tied to her experience as a gay person in an environment that wasanti-gay, and, as a result of an investigation process, which was tainted and targetedagainst her. In all the circumstances I find that a substantial award for general damagesis appropriate.[264] I find the facts outlined above also support the award of damages for the wilfulor reckless infliction of mental anguish. The conduct of the investigation, and the79
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HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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TABLE OF CONTENTSOVERVIEW .........
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I) OVERVIEW[1] In March 1995, the c
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Code which provides a framework and
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[19] The length of the hearing and
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[31] Rev. Reese testified that, aft
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objects and purposes essentially re
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meet the needs of individuals who w
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support services to the residents,
Page 20 and 21:
organization. Each retreat involved
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Heintz was given a Letter of Employ
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Ms. Dorothy Girling, Ms. Heintz’s
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with pay pending the investigation
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ancestry, place of origin, colour,
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such a defence should not be read i
Page 32 and 33: all help it can to its members to a
Page 34 and 35: Analysis and Application of the Fac
Page 36 and 37: [117] On the basis of the evidence
Page 38 and 39: [124] Rev. Dr. Brent Hawkes, the Co
Page 40 and 41: doctrine, unjustifiably entangle th
Page 42 and 43: Christian Horizon urges me to adopt
Page 44 and 45: persons, individuals identified by
Page 46 and 47: the residents, they were not able t
Page 48 and 49: noted above, that families came fro
Page 50 and 51: would otherwise be discriminatory,
Page 52 and 53: confronted about being in a same se
Page 54 and 55: whole. Section 24(2) imposes a duty
Page 56 and 57: 57. The first step in assessing whe
Page 58 and 59: a rational connection between the q
Page 60 and 61: If individuals in Canada were permi
Page 62 and 63: the faith beliefs of the organizati
Page 64: And so they have gay and lesbian st
Page 67 and 68: discriminatory views of managers or
Page 69 and 70: Horizons’ management from the poi
Page 71 and 72: • On this and suspicious abuse al
Page 73 and 74: Christian Horizons relied on the di
Page 75 and 76: we're committed to as God's way in
Page 77 and 78: obligations placed on all employers
Page 79 and 80: Inc. (No. 4) (1990), 12 C.H.R.R. D/
Page 81: late in 1999. She testified that wh
Page 85 and 86: [268] Ms. Heintz testified about he
Page 87 and 88: take steps to justify why gays and
Page 89 and 90: for over 40 years. It has grown fro
Page 91 and 92: 1. the respondent, Christian Horizo
Page 93 and 94: ADDENDUM TO FINAL DECISION[1] This
Page 95 and 96: Horizons appealed that decision, an
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