The B.C. Human Rights Tribunal says a Vancouver juice bar manager discriminated against his 13-year-old Black employee when he accused her of stealing from their cash register, without any evidence.
The young teen, identified as 91裸聊视频淎B91裸聊视频� in a decision released last Friday, was awarded $27,862 for injury to her dignity, lost wages and fees associated with filing the human rights complaint.
AB was a new employee at Heirloom juice bar and restaurant, just off South Granville Street, in September of 2019. It was her first job and she had recently moved from dish washing in back to serving customers and running the juice bar cash register up front.
During a shift on Sept. 14, AB testified she was suddenly confronted by her manager Nicholas Stone, who accused her of stealing cash, called her 91裸聊视频渦ntrustworthy91裸聊视频� and said 91裸聊视频淲e can91裸聊视频檛 have thieves working for the company.91裸聊视频� Stone disputed saying such things, but agreed he spoke to AB about cash going missing during her shifts.
AB said she was scared and uncomfortable and began to cry. She called her mother, who set up a meeting the following day with AB, Stone and Heirloom91裸聊视频檚 owner and president William Greer.
Greer testified to the Human Rights Tribunal that he expressed during that meeting that cash shortages were usually just mistakes on the behalf of young or inexperienced workers.
91裸聊视频淭he last thing we think is theft, usually there91裸聊视频檚 a plausible explanation,91裸聊视频� he told the tribunal, saying new employees sometimes enter a menu item or gift card incorrectly.
Tribunal Member Amber Prince wrote in her decision she found it odd then that Stone had apparently made such a big deal out of it. Prince also noted that there were always one to four other employees on shift with AB, but Stone didn91裸聊视频檛 question any of them about the missing cash.
He also didn91裸聊视频檛 investigate any other explanations for why there may be a cash error before or after confronting AB, Prince found. And Stone didn91裸聊视频檛 make an effort to apologize to AB or smooth over their relationship after the meeting.
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Instead, AB said in the days following she felt Stone was watching her especially closely. AB said Stone wouldn91裸聊视频檛 let her work the cash register anymore, instead assigning her to tasks in the back of the store. She said the apparent demotion left her feeling humiliated.
Stone disagreed with AB91裸聊视频檚 testimony and said she was the one that chose not to work the cash register anymore, but Prince found it was more likely AB was telling the truth.
During that period, Stone also refused to provide AB with a reference letter when she requested one. He said she had forgotten to wear her work shirt and was setting a bad example for newer employees.
On Sept. 25, AB handed in her letter of resignation, which read in part: 91裸聊视频�91裸聊视频nfortunately I cannot continue to work there because I don91裸聊视频檛 feel safe, welcomed or comfortable because it91裸聊视频檚 impossible for me to work in an environment where my manager doesn91裸聊视频檛 trust me91裸聊视频�91裸聊视频�
In her ruling, Prince wrote, 91裸聊视频淎B91裸聊视频檚 loss of employment directly flowed from her poisoned relationship with her direct manager, Mr. Stone.91裸聊视频�
Prince then went on to examine existing human rights law on the biases Black women and girls often face.
91裸聊视频淏lack people (are) singled out for criticism at work disproportionate to actual work performance; Black women and girls (are) unfairly characterized as 91裸聊视频渁ngry91裸聊视频�, rude, or having a bad attitude; women and girls (are) unfairly expected to smile and appear pleasing at work; Black people, especially Black girls, (are) unfairly expected to be docile and compliant; and Black children (are) treated more like adults,91裸聊视频� she wrote.
She said while Stone may not have intentionally discriminated against AB, her race and sex 91裸聊视频渨ere at least factors in Mr. Stone91裸聊视频檚 treatment of her.91裸聊视频�
91裸聊视频淣one of us are immune from operating on unconscious stereotypes, given that such stereotypes continue to seep into our collective psyche91裸聊视频�,91裸聊视频� Prince wrote.
She said Heirloom, as the employer legally responsible for providing AB with a safe and healthy work environment, also discriminated against her.
Heirloom and Stone were ordered to pay AB $27,862 and to never discriminate against an employee again.
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