Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.
Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. On October 31, 2008 the applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination based on race. The respondents, Knoll, denied the allegations.