Refusing to use someone’s correct pronouns and firing them when they speak up about it amounts to a human rights violation.
That’s according to a ruling issued by the British Columbia Human Rights Tribunal this week in favour of a non-binary restaurant worker who was fired after asking for their pronouns to be used correctly in their workplace.
In the decision, the tribunal’s Devyn Cousineau wrote that Jessie Nelson, a non-binary, gender fluid transgender person was unjustly fired from a restaurant in Gibsons, B.C. after speaking up about their pronouns. Cousineau also concluded that one of Nelson’s co-workers’ repeated and intentional use of incorrect pronouns and gendered nicknames also amounted to discrimination.
The case
Nelson explained that they use they/them pronouns upon their hiring, but their co-worker, bar manager Brian Gobelle, repeatedly refused to respect them and called Nelson gendered nicknames throughout their tenure at Buono Osteria, a restaurant on B.C.’s Sunshine Coast.
According to the report, Gobelle consistently referred to Nelson using she/her pronouns and gendered nicknames like “sweetheart,” “honey” and “pinky.” Nelson repeatedly asked Gobelle to stop and he did not.
After repeated individual conversations, Nelson asked management to intervene with Gobelle and was told to wait. Eventually, a heated confrontation between Gobelle and Nelson on the issue led to Nelson being fired four days later.
The restaurant’s owner explained to Nelson that they were being fired for coming on “too strong too fast” and being too “militant.”
During their testimony, Nelson said they brought their case forward to the Human Rights Tribunal in order to enshrine the rights of trans people going forward.
“I am here today in bringing this forward because it is important for me, as a trans person, to have my existence respected. I’m a human being, with a beating heart and a desire to be seen and valued and heard in the world,” they said. “And I’m also here for every other current and future trans or queer person working in a service or customer-facing setting so that hopefully this doesn’t happen anymore. Because it’s a lot. It’s very draining. And we deserve to live, and have joy, and be respected for who we are.”
In the tribunal’s decision, Cousineau wrote that both Gobelle’s repeated refusal to recognize Nelson’s pronouns and Nelson’s firing amounted to discrimination under Canada’s Human Rights Code.
“[Gobelle’s] use of female pronouns and gendered nicknames demeaned them and undermined [Nelson’s] dignity at work. His resentment towards their feedback about inclusion led him to directly undermine their performance by being uncommunicative and uncooperative,” Cousineau wrote. “All of this was connected directly to Jessie Nelson’s gender identity and expression, and constitutes a violation of the [Human Rights] Code.”
How does Bill C-16 factor into this?
This is among the first cases to make use of new amendments to Canada’s Human Rights Code introduced through Bill C-16 in June 2017.
That bill amended the Code to included “gender identity or expression” in three places related to discrimination and hate crimes. In the tribunal’s decision, Cousineau echoed that discriminating against someone on the basis of gender identity or expression—in this case, gender-neutral pronouns—amounts to a human rights violation.
“Using correct pronouns communicates that we see and respect a person for who they are. Especially for trans, non-binary, or other non-cisgender people, using the correct pronouns validates and affirms they are a person equally deserving of respect and dignity,” he wrote.
What happens next?
As a result, Nelson was awarded $30,000 in damages from the restaurant and Gobelle.
The staff and managers of Buono Osteria are required to undergo mandatory human rights law training, and the restaurant is required to implement a pronoun policy.
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