Howard Levitt: Employers should be vigilant against biased terminations

Employers must keep their workplaces free of racism, overt or covert, right through the termination process. Photo by Getty Images/iStockphoto

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South Asians — those who trace their descent to the Indian subcontinent — have been woven into Canada’s fabric for well over a century. They first arrived in the 1890s to work in British Columbia’s lumber mills. Over time, South-Asian Canadians have established themselves in every corner of society: on farms and factory floors, in boardrooms, legislatures and tech hubs — spanning from the working class to some of this country’s wealthiest families. South Asians are one of the highest earning groups of Canadians.

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Recently, the Abbotsford Canucks captured the American Hockey League’s Calder Cup, an achievement made sweeter by the fact that both the head coach and assistant coach, two players and several staff members (including the Zamboni driver) are of South-Asian descent — a first in North-American professional sports and a proud moment for Canadians everywhere.

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Yet, for many South Asians, the celebration was somewhat overshadowed by an uglier reality. On June 12, within hours of the Air India Flight 171 crash in Ahmedabad, social-media comment sections were flooded with vile remarks. It was a stark reminder of the extent of racist attitudes toward South Asians — which are not relegated to anonymous online platforms. Even the legal profession is not immune: during a recent examination, opposing counsel mocked our client’s Indian accent on the record.

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Statistics Canada has reported a 227 per cent increase in hate crimes against South Asians. Further, in the last year, there have been two Human Rights Tribunal of Ontario (HRTO) decisions where discrimination against South Asians was established — both cases had schools or crown corporations as the employers.

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As companies across Canada trim payrolls to steady a slowing economy, racialized employees often fear they will be the first to go. A recent KPMG study found that 80 per cent of Black employees believe they will be targeted first when staffing cuts loom.

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South-Asian workers echo that anxiety, and our own office has seen a noticeable spike in consultations from Indo-Canadian employees who have just been let go. Many jobs are also being outsourced to India — a shift that can breed resentment.

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Bias can surface in the workplace despite the best intentions. Accented English is too easily dismissed as poor communication. “Not a culture fit” becomes coded language for “you’re not like us.” The common “last in, first out” layoff policy can disproportionately hit racialized staff because newer hires — often younger and more diverse — have the least seniority. We’re hearing the lament, “I was the only one let go from my team of ten” far too often, and most of those callers are racialized employees.

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Employers must keep their workplaces free of racism, overt or covert, right through the termination process. Beyond basic decency, such vigilance helps avoid expensive human-rights claims. Practical steps are straightforward: larger employers should track who gets terminated and look for patterns tied to particular managers or teams. Racist jokes or memes — whether shared over Slack or in a hallway — must be shut down immediately; silence is legally tantamount to approval. A disproportionate number of dismissals from any racialized group is a signal to a court or human rights tribunal of discrimination.