Human rights complaint for failure to promote dismissed; complainant was not the most qualified candidate.
The complainant, an East Indian man with extensive education and experience, alleged that the Ministry of Community and Social Services discriminated against him on the basis of race and ethnic origin by repeatedly failing to promote him over a 17-year period.
He applied for 30 promotional positions without success.
The Board of Inquiry reviewed the evidence, including expert testimony on systemic racism and employment equity, and the specific job competitions.
The Board found that the complainant was not qualified for the senior management Programme Supervisor positions.
For the Vocational Rehabilitation Supervisor positions, the Board concluded that the successful candidates were either more qualified or selected for legitimate, non-discriminatory reasons.
The complaint was dismissed.
Lasani v. Ontario (Ministry of Community and Social Services) (No. 2), 1993 CanLII 16433