diversity and inclusion play in wrongful dismissal cases
In the business world, diversity and inclusion are essential elements for success. Companies with a diverse workforce are more profitable than their peers and employees who feel included are happier at work, leading to higher productivity and morale. Diversity also helps businesses attract and retain talent, as 67 percent of job seekers consider diversity when applying for employment. However, it is important for leaders to understand the legal implications of their D&I initiatives before they take them too far.
In some cases, an employer’s focus on diversity may lead to illegal discrimination and wrongful dismissal claims. The law forbids employers from making termination decisions on the basis of a protected ground, such as race, religion, sex, or national origin. The law also requires that employers provide their employees with advance notice of termination (or payment in lieu, severance pay) before terminating them. Despite this, some employers will still attempt to terminate their employees in violation of the law and thereby commit wrongful dismissal.
The recent controversy surrounding Delta Airlines’ rework of its employee policies highlights the importance for business leaders to consider the legal implications of their D&I efforts before they implement them. This is particularly true when the programs are designed to address an issue of equal employment rights, such as a reshaping of the airline’s employee training program in order to support the LGBTQ+ community.
What role does diversity and inclusion play in wrongful dismissal cases?
Earlier this year, thirteen Republican state attorneys general sent letters to Fortune 100 companies, arguing that their DEI programs violate Title VII of the Civil Rights Act of 1964 and constitute illegal discrimination against members of certain groups, including those identified as minorities or women. In the wake of these letters, several firms have revised their programs to avoid litigation and comply with federal discrimination laws.
Examples include JPMorgan (removing language identifying programs as being intended for underrepresented groups), Nordstrom (removing gender-specific hiring goals), American Airlines (removing diversity targets), Lowe’s (deleting references to specific racial groups), and Pizza Hut operator Yum! Brands (modifying the eligibility of a scholarship program).
Although these changes are designed to help prevent discrimination against particular groups, it is important for companies to carefully monitor their D&I programs and ensure that they do not inadvertently exclude people from protected classes. The case of Mr Isherwood, a conductor manager with West Midlands Trains, who was dismissed for attending a webinar on “white privilege” while working from home, is just one example of how an employer’s efforts to promote D&I can turn into wrongful dismissal lawyer litigation.
If you have been unfairly terminated, contact Bune Law. Our wrongful dismissal lawyer in Toronto has the experience, dedication and reputation to guide clients through their wrongful termination claim and fight for the justice they deserve. We will help you obtain the compensation and severance pay you are entitled to under your employment contract or Ontario’s statutory wrongful dismissal legislation. Wrongful dismissal claims can be complex and our team is here to guide you through every step of the process.