As reported by a number of Canadian news outlets last week, the beleaguered RCMP are facing yet another enormous damage award after the Canadian Human Rights Tribunal concluded a former cadet had been subjected to discrimination and harassment during training.
Ali Tahmourpour is a Muslim Canadian who was born in Iran. He commenced training with the RCMP in July 1999 and was dropped from the program four months later before his training was completed. Mr. Tahmourpour alleged in his complaint that during training he faced systemic discrimination and incidents of harassment on the basis of race, religion and national or ethnic origin and he further alleged that his training contract was terminated for discriminatory reasons. In particular, he contended that:
- he was subjected to discriminatory remarks, hostile treatment and verbal abuse by instructors at the training academy;
- his performance at the academy was improperly evaluated;
- his training contract was terminated based on false pretences;
- he was improperly designated as being ineligible for re-enrolment in the training program.
While the evidence that came out at the hearing did raise some questions about Mr. Tahmourpour's ultimate ability to do police work (concerns were raised as to his communication skills, judgment and ability to solve problems), the adjudicator concluded that his performance was more likely than not affected by discrimination and harassment. She stated:
"...in a training environment where derogatory comments about race are condoned and directed at people like Mr. Tahmourpour, where evaluations are inaccurate and improper, and where instructors take pride in being 'politically incorrect', it is difficult for someone like Mr. Tahmourpour to develop and demonstrate his skills....I find it reasonable to infer that such conditions erode one's confidence and ability to perform well."
Further, the adjudicator concluded that the recommendation and decision to terminate Mr. Tahmourpour's contract were based on a discriminatory assessments of his skills. Ultimately, as a result of her findings the adjudicator determined that Mr. Tahmourpour ought to be offered an opportunity to re-enrol in the next available RCMP cadet training program.
Factually, this isn't a terribly complicated case. The damage award, however, is and provides yet another example of the escalating risk employers face if they permit discrimination and harassment to occur in the workplace. Remember that Mr. Tahmourpour was removed from the training program in 1999 and so the damage award reflects a 9 year time span [although he filed his complaint in 2001, as a result of various appeals Mr. Tahmourpour's complaint was not actually heard by the Tribunal until late 2007). Here, in addition to requiring the RCMP to permit the complainant to re-take his training, the adjudicator made the following orders:
While there are conflicting media reports, it would appear that Mr. Tahmourpour's damage award may add up to the $500,000 mark and the addition of legal fees will take the total amount payable by the RCMP to upwards of $1 million.
Being a UFC fan (for those unaware that refers to the Ultimate Fighting Championship a mixed martial arts sport), I know that the fighters always want to win by submission or knock-out because otherwise they leave the fight in the hands of the judges and lose control of the outcome. Well, that goes double for employers who fail to take control of discriminatory and harassing conduct in their workplaces. Leave your workplace in the hands of a human rights adjudicator and you could be feeling a bit pummelled, like I'm sure the RCMP are feeling right now.
Further reading:
Ali Tahmourpour v. RCMP, 2008 CHRT 10 (65 pages)
"RCMP faces $1M payout on discrimination case", CBC
"Ex-RCMP cadet wins discrimination case", Globe and Mail