Tribunal sides with union despite complaint's claim that "Women only' is every bit as odious and illegal as 'men only'"
The Human Rights Tribunal of Ontario (HRTO) has ruled in favour of the Public Service Alliance of Canada (PSAC) in a discrimination involving about a job posting that was looking for a woman to fill a specific role.
In Horne v. Public Service Alliance of Canada, 2024 HRTO 1788, Patrick Horne, a lawyer licensed in Alberta, alleged that a 2019 job posting for a Grievance and Adjudication Officer discriminated against him based on sex as it was restricted to “women only,” in violation of Ontario’s Human Rights Code.
The job posting stated: “As a result of the PSAC Workforce and Availability Analysis and in accordance with the PSAC Employment Equity Plan, the successful candidate for this appointment will be a qualified woman.”
Horne applied for the position despite the designation, asserting that the restriction constituted a violation of his rights and dignity. During the hearing, he described the policy as discriminatory, stating: “Women only is every bit as odious and illegal as men only.”
PSAC defended the posting as part of its employment equity plan, which it said is a “special program” under section 14 of the Code. The plan aims to address the systemic underrepresentation of women in its workforce, particularly in professional and leadership positions.
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PSAC argued that its employment equity plan met the requirements of a “special program” as outlined in section 14 of the Code.
"Section 14 is a complete defence to an allegation of discrimination when the program aims to relieve hardship or economic disadvantage or promote substantive equality for disadvantaged groups," Karen Dawson, vice-chair of the Tribunal, wrote in her decision.
The Tribunal cited evidence provided by PSAC employees and committees tasked with monitoring workforce equity.
Christina McLoughlin, a PSAC representative, testified that the organisation conducts equity assessments using federal census data and employee self-identification surveys to identify gaps in representation. She said the designation of the Grievance and Adjudication Officer role for women was part of an equity-driven strategy recommended by PSAC’s Joint Employment Equity Committee.
The Tribunal found that women remain underrepresented in the workforce, particularly in leadership roles, and that the employment equity plan was designed to address this disparity.
Horne also argued that a voluntary self-identification questionnaire included in the job application process constituted discrimination. However, under cross-examination, he acknowledged that completing the questionnaire was not mandatory.
The Tribunal determined that there was no evidence of discrimination related to the questionnaire.
Dawson said that Horne had failed to establish discrimination on a balance of probabilities. She dismissed the complaint in its entirety.
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