The complainant, a Sikh security guard who wears a turban, was assigned to a Home Depot construction site.
The assistant store manager ordered him to wear a hard hat and, when the complainant refused due to his religious beliefs, ordered him to leave the premises.
The Tribunal found that the hard hat rule was selectively enforced against the complainant, as other workers were permitted in the same areas without hard hats.
The Tribunal also found that the assistant store manager subjected the complainant to discriminatory harassment by goading him to remove his turban and taunting him with termination.
The hearing was bifurcated, with the duty to accommodate and occupational health and safety issues deferred to a second stage.