discrimination
Almost illegal termination
<p>From another website: A is autistic but has always done a good job. The company gets a new manager M who hates autistic people. M fires A for some made-up reason. By coincidence the owner of the company finds out, A is reinstated, and M gets fired.</p>
<p>A doesn’t want to sue the company, but is obviously unhappy about what M did. Is there anything that she could sue M personally for successfully? If not for the coincidence that the company owner found out just at the right time, A would have lost their job through illegal discrimination, so this would have been an attempt at illegal discrimination.</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="canada-container">canada</a></p>
<p>I know you have asked about whether A can &quot;personally sue M.&quot; I present another alternative: a complaint to a human rights commission or tribunal.</p>
<p>In Canada and its provinces there are human rights commissions/tribunals established to vindicate the rights granted under <a href="https://laws-lois.justice.gc.ca/eng/acts/h-6/FullText.html" rel="nofollow noreferrer">Canada's Human Rights Act</a> and similar provincial human rights statutes. M's actions appear to be prohibited discrimination under all of these statutes, even though A ultimately did not lose her job. M's actions are not merely an attempt at prohibited discrimination; they <em>are</em> prohibted discrimination. Whether M's actions and a connection to a &quot;prohibited ground of discrimination&quot; can be proven is a separate issue.</p>
<p>For example, under the Canadian Human Rights Act, it is a &quot;discriminatory practice&quot; to &quot;harass an individual on a prohibited ground of discrimination&quot; &quot;in matters related to employment.&quot; Under the Ontario Human Rights Code, &quot;Every person who is an employee has a right to freedom from harassment in the workplace... because of ... disability.&quot;</p>
<p>The <a href="https://www.chrt-tcdp.gc.ca/resources/guide-to-understanding-the-chrt-en.html" rel="nofollow noreferrer">Canadian Human Rights Tribunal</a> says (and I've highlighted a couple of the remedies that seem particuarly relevant to your hypothetical):</p>
<blockquote>
<p>If the Tribunal finds that a complaint of discrimination is eatablished, it can make an order against the person who engaged in the discriminatory practice. This order can include the following terms:</p>
<ul>
<li><strong>cease the discriminatory practice and take measures to prevent the practice from occurring in the future</strong> (see s. 53(2)(a) of the Act);</li>
<li>make available to the victim the rights, opportunities or privileges that were denied (see s. 53(2)(b) of the Act);</li>
<li>compensate the victim for any lost wages as a result of the discrimination (see s. 53(2)(c) of the Act);</li>
<li>compensate the victim for the additional costs of obtaining alternative goods, services, facilities or accommodation as a result of the discrimination (see s. 53(2)(d) of the Act);</li>
<li>compensate the victim up to $20,000 for any pain and suffering that the victim experienced as a result of the discrimination (see s. 53(2)(e) of the Act);</li>
<li><strong>compensate the victim up to $20,000 if the discrimination was wilful or reckless</strong> (see s. 53(3) of the Act); and,</li>
<li>award interest on an order to pay financial compensation (see s. 53(4) of the Act).</li>
</ul>
</blockquote>
<p>Similar remedies are available in <a href="http://www.bchrt.bc.ca/human-rights-duties/remedies/index.htm" rel="nofollow noreferrer">British Columbia</a>.</p>
