Every once in a while an article captures my attention, but on this day, two articles, both with front page headlines, grabbed my attention. And being that the articles were written on the anniversary of the proclamation of the Charter or Rights and Freedoms, I had to write about these three things converging.

The Globe and Mail headline of “Racial taunts cost Mounties $500,000” tells the story of Mr. Ali Tahmourpour’s failed attempt, in 1999, to become an RCMP officer. In fact, we (taxpayers) may be on the hook for more like $650,000 if Tahmourpour’s lawyer is correct, due to all the calculations yet to be worked out.

The other Globe headline of “Majority believes Canada coddles minorities” tells of a survey in which 61% of Canadians agree with the statement, “We make too many accommodations to visible minorities in Canada.”

With the 2006 census telling us 21% of Canada’s population is foreign born, and that in the previous 5 years 84% of immigrants came from non-European countries, I think we better put 2 and 2 together to come up with an equation to find a way of accommodating certain differences and to make sure people like Mr. Tahmourpour are free from discrimination.

Most people think you have to keep up with the latest in human rights and employment law to handle these problems. Others think they have to have their corporate lawyer on speed dial, just in case something new comes from a judge or adjudicator.

I say, just get back to basics, and in the case of the RCMP and Mr. Tahmourpour, it’s getting back to basics…training.

There is always a concern when writing about a case because it may be overturned on appeal. But the final result of this case isn’t as important as the unfortunate information written in the details. The federal human rights adjudicator gives us many examples where one or more officers, with authority, treated Tahmourpour and others differently, and negatively, due to their race, ethnicity or gender.

One instructor even testified that he spoke to the officer in charge of the training depot, saying they might find themselves receiving a harassment or discrimination complaint if the head instructor didn’t change his ways.

Because of the ruling, Mr. Tahmourpour will be given a second chance to prove his worth as an RCMP officer. He may make it, or he may not. In fact evidence from a very credible corporal indicates she had grave doubts about the skills of Tahmourpour and this explained why he didn’t make it. But here’s what the adjudicator had to say to that:

“The problem with this explanation, however, is that in a training environment where derogatory comments about race are condoned and directed at people like Mr. Tahmourpour, where evaluations are inaccurate and improper, and where instructors take pride in being "politically incorrect", it is difficult for someone like Mr. Tahmourpour to develop and demonstrate his skills in these areas. I find it reasonable to infer that such conditions erode one's confidence and ability to perform well. Therefore, the Respondent's explanation that Mr. Tahmourpour's performance at Depot was weak is not satisfactory. Mr. Tahmourpour's performance was more likely than not affected by the discrimination to which he was exposed.”

I will not pick on any workplace, and I certainly don’t want to pick on the RCMP, but it’s not every day an award comes from a human rights decision where the amount competes with lottery winnings. And in December 2006, British Columbia’s highest court upheld an award of $950,000 (plus interest and costs) in a civil suit for an RCMP officer in Merritt, whose career was ruined by the harassment of her Sergeant.

If the case with Mr. Tahmourpour stands, the RCMP will not only have to fork out a lot of cash for lost wages and special damages, they will have three months to come up with a plan to ensure all candidates and officers are welcomed and free of discrimination. That’s a huge task, but one that really didn’t need any special measures or knowledge of the law.

Whether it’s the RCMP, or your workplace, you’ll never have to worry about big or small liabilities if you just get back to the basics. Here are three:

Put a stop to harassment
This seems so easy and yet harassment is alive and unwell in Canada at many workplaces every day. Some is done intentionally, while some is not. But talking about harassment, what it means, and how to address it, won’t cost you a penny. Seriously. Have a chat every month or so with employees and then address anything that smacks of harassment.

Stop trying to be an angel
You’re not and I’m not. Ok, we know we're not perfect, but who wants to think of themselves as racist? Or sexist? Or homophobic? But we are – me included. I don’t want to be, but there are elements of my upbringing and the things that pop into my head which, if acted on, I’d be accused of being a bigot. So, I no longer worry about the stereotypes that I’ve been brought up with, and I no longer worry about the things that appear in my head.

The best I can do is ensure I don’t act on these things in any way. And if someone says I’m treating them differently due to their gender, or religion, or their colour of skin, I don’t invoke the old “…but all of my best friends are…” Instead I listen to what I’m being told and we can figure out if intentionally, or not, I’m doing something that may be some form of discrimination. It’s sometimes hard to hear, but you don’t need any new law to try to deal with it.

Be accommodating
Sure, for more complex issues, this may involve knowing a thing or two about the law (is this where I should plug my book, Managing Human Rights at Work??), but for most accommodations, you don’t have to have taken even a grade 12 Law 101 course. Be open to accommodating differences due to religion, culture, family status, or disability, for examples, and you’ll find the people asking for the accommodations will do what they can to be flexible. Despite the recent survey, most Canadians would be surprised how little accommodation is in fact needed in most workplaces.

I’m guessing there’s going to be more cases, more headlines and more problems to solve as our country heads down the path we're going. It’s not always going to be easy, but the alternatives we see in other parts of the world,

Get back to basics and you’ll never have to worry about me, or anyone else writing about you and your workplace. Oh, and happy anniversary Charter or Rights and Freedoms.

Stephen

You are encouraged to forward or reprint the contents of this copyrighted article with the following notation attached:

Stephen Hammond, B.A, LL.B, CSP, is a speaker, trainer and author working in the field of workplace human rights. Articles, tips and his books Managing Human Rights At Work: 101 Practical Tips to Prevent Human Rights Disasters and Steps in the Rights Direction: 365 human rights celebrations and tragedies that inspired Canada and the world are available on his website www.stephenhammond.ca. Contact Stephen at 866-685-8338 or stephen@stephenhammond.ca