• First Reference
  • About us
  • Contact us
  • Blog Signup 📨

First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies
You are here: Home / Employee Relations / The “G” word: Brooks v. Total Credit Recovery Limited

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read May 24, 2017

The “G” word: Brooks v. Total Credit Recovery Limited

BrooksBrooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.

Background

On September 7, 2010, the applicant filed an Application with the Human Rights Tribunal of Ontario alleging discrimination based on race, colour, ancestry, and ethnic origin.

The applicant alleged that a co-worker used the word or term “ghetto” to describe the manner in which the applicant was dressed.

On the morning of April 30, 2010, the applicant arrived at work on a casual work clothes day wearing black pants and a soccer jersey. Allegedly, a co–worker remarked that the worker looked “ghetto”, to which the applicant took offence. The applicant confronted the co-worker who repeated the same or a similar comment. The applicant indicated that once the word had been used, it was then repeated by his co–workers as they taunted him, and that it resulted in him becoming more and more isolated.

Respondent testimony

The question before the Tribunal was whether or not the use of the word “ghetto” in this context was discriminatory and giving rise to a poisoned work environment. The personal respondent, who admitted to using the word more than once, explained that in his experience, the word “ghetto” was now openly bandied about. He cited examples such as his teenage children who referred to “ghetto clothing” or “ghetto clothes” and looking “ghetto”. The respondent went so far as to introduce evidence from the Internet where such words described apparel. The respondent, who self-identified as Black, submitted that such comments had nothing to do with the applicant’s race or colour but were confined to his clothing.[i]

Expert testimony

An expert witness teaching Multilingual Education testified on behalf of the respondent. The witness explained the etymology of the word “ghetto” and the meaning of the usage of terms such as “ghetto clothing”. During her testimony she addressed the word suggesting that its original meaning had changed and that it was now an acceptable word used in everyday language as evidenced by its present day usage. The expert witness cited such terms such as “ghetto clothing” “ghetto chic” “ghetto fabulous” which seemed to suggest a particular kind of urban style now seen as trendy or positive.[ii]

Analysis

When these words, their meaning and context, were applied to “the Code” and this situation, the Tribunal came to a different conclusion than that of the expert. The Tribunal found that although the respondent’s initial comment may have been made inadvertently, intent is not needed in regard to discrimination. The matter was compounded by the fact that when the co–worker was confronted in regard to his behaviour, he repeated the same comment, or a comment similar in nature. Clearly the comment, regardless of intent, was unwelcome by the applicant. The Tribunal stated the following:

“In my view and based on the evidence before me, there is a strong association between the usage of the term “ghetto” and the Black community, which has its origins in the usually impoverished inner city areas of major American cities that are populated by African Americans…this usage of the term “ghetto” is negative and derogatory and is used to denote a place that is run-down, undesirable or shabby.”[iii]

The Tribunal also stated that the fact that the personal respondent himself is a member of a racialzed group, does not insulate him from potential liability under the Code.[iv]

Decision

The Tribunal found in favour of the applicant, awarding $2,500.00 as compensation for injury to dignity, feelings and self–respect.

The takeaway

While some may look at this matter as simply another form of political correctness, one must remember that words, all words, have a meaning and a stigma that some have forgotten about, or to which some have become desensitized. The takeaway in this matter is a simple one, as language and human rights legislation continue to evolve so must human rights training in each and every organization.

[i] Brooks v. Total Credit Recovery Limited 2012 HRTO 1232, para. 22

[ii] Ibid., para. 27

[iii] Ibid., para. 30

[iv] Ibid., para. 32

  • About
  • Latest Posts
Follow me
Kevin Sambrano, Sambrano Legal Services
Paralegal at Sambrano Legal Services
Kevin Sambrano, B.A.A. is a paralegal who is passionate about law. Kevin has the distinction of being the first paralegal candidate to participate in the Community Legal Aid Services Programme at Osgoode Hall Law School. Sambrano Legal offers legal representation in human rights, landlord and tenant, employment, and Small Claims Court matters within the GTA. Kevin has been a regular contributor to First Reference Talks since 2014 with over 44 published articles relating to human rights and employment law.
Follow me
Latest posts by Kevin Sambrano, Sambrano Legal Services (see all)
  • Discrimination based on sex (pregnancy) revisited - June 16, 2020
  • Is “accent” protected under the Ontario Human Rights Code? - December 18, 2019
  • Recent case assessment direction and “creed” - September 25, 2019

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights / ancestry, Brooks, Brooks v. Total Credit Recovery Limited, discrimination, ethnic origin, expert testimony, ghetto, human rights code, human rights training, Human Rights Tribunal of Ontario, Kevin Sambrano, poisoned work environment, race, the Code, workplace harassment

Share with a friend or colleague

Get the Latest Posts in your Inbox for Free!

Electronic monitoring

About Kevin Sambrano, Sambrano Legal Services

Kevin Sambrano, B.A.A. is a paralegal who is passionate about law. Kevin has the distinction of being the first paralegal candidate to participate in the Community Legal Aid Services Programme at Osgoode Hall Law School. Sambrano Legal offers legal representation in human rights, landlord and tenant, employment, and Small Claims Court matters within the GTA. Kevin has been a regular contributor to First Reference Talks since 2014 with over 44 published articles relating to human rights and employment law.

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2023 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy