Bento v. Manito’s Rotisserie & Sandwich 2018 HRTO 203
Ms. Bento worked in a restaurant where she was harassed by her co-worker, the kitchen manager, who would often criticize her body, tell her she should lose weight, and comment that it was no wonder that her husband left her. The kitchen manager would also comment on the sexual attractiveness of other women in the restaurant and make racist remarks about other employees.
When she was hired, Ms. Bento was told that she would eventually get a raise, but her employer said she would have to go out with him to discuss it. She did not go out with him, and never received a raise. When she spoke to her employer about the manager’s discriminatory comments, her employer replied that she had ‘attitude.’ After the woman and her employer argued about this, she left the restaurant and was told she could not return to work.
The Tribunal found:
- that “the continued harassing comments and behaviours affected the applicant as a woman and created a difficult workplace environment;” and
- “this recurring treatment created a poisonous work environment, an environment where she knew to expect that in carrying out her job duties she must endure discriminatory conduct and comments.”
The Tribunal ordered:
- the employer to pay $20,000 to Ms. Bento in general damages plus lost wages for the discrimination she experienced; and
- the co-worker who made the sexualized and racist comments was ordered to take human rights training.
To read the full decision, visit Canlii.