School board liable for reprisal in hiring process; second competition process tainted by place of origin discrimination.
The complainant alleged discrimination on the basis of race, ethnic origin, and place of origin, as well as reprisal, after being denied two positions as Assistant Superintendent for a new French-language school board.
The Board of Inquiry found that in the first competition run by the Metro Board, the complainant was denied the position as a reprisal for having filed a previous human rights complaint.
In the second competition run by CÉFCUT, the Board found that the selection process was tainted by discrimination on the basis of place of origin, as some committee members were predisposed against the complainant because he was not a Franco-Ontarian.
However, the ultimate selection decision in the second competition was not discriminatory, as the successful candidate was chosen based on superior experiential qualifications.
The complaint was upheld in part.
Abouchar v. Toronto (Metro) School Board (No. 3), 1998 CanLII 29892
