VANCOUVER 鈥� A non-binary transgender restaurant employee in Gibsons who was fired after complaining to the owners about being called 鈥渟he鈥� and 鈥渟weetheart鈥� by the bar manager has been awarded $30,000 by the sa国际传媒 Human Rights Tribunal, which upheld a discrimination complaint.
The decision was the first involving a complaint by a non-binary transgender employee who uses gender-neutral (they/them) pronouns.
The 鈥渉efty鈥� award is a 鈥渟ignal to employers,鈥� said the complainant鈥檚 lawyer, Adrienne Smith. 鈥淚t should be a signal that employers need to be respectful. Correct pronouns for individuals are not optional. Employers are not free to address people by the pronouns they choose to.鈥�
Smith added, however, that 鈥渢he employee didn鈥檛 get $30,000 because they were called by the wrong pronouns. They got the $30,000 because they were fired for being transgender.鈥�
There has been a trend over the past five or six years that has seen human rights tribunals start to award higher amounts in cases involving 鈥渋njuries to the dignity鈥� of transgender people, Smith said.
Jessie Nelson worked for Buono Osteria for about four weeks in spring 2019. When Nelson started, they told the owners 鈥渉ow important it was to be properly gendered in the workplace.鈥�
Bar manager Brian Gobelle used she/her pronouns with Nelson and called Nelson gendered nicknames, like 鈥渟weetheart, honey and pinky,鈥� according to the decision. Nelson asked him to stop 鈥渁nd he did not.鈥�
鈥淛essie Nelson felt that [the bar manager] was deliberately trying to hurt them,鈥� tribunal member Devyn Cousineau said in the 42-page decision.
Tension escalated between the two and on Nelson鈥檚 last shift, Nelson wanted to confront Gobelle about his repeated inability to use their preferred pronouns. The tribunal heard conflicting versions of whether management advised Nelson not to speak with Gobelle, with management saying they told Nelson not to and promised to have a meeting all together to discuss the conflict.
But Cousineau accepted that Nelson wasn鈥檛 told not to speak with Gobelle directly. What happened after that confrontation, during which they discussed pronouns and language, also differed. Nelson said they put their hand on Gobelle鈥檚 shoulder in a 鈥済entle touch鈥� and said something 鈥渃ondescending and sarcastic to Mr. Gobelle.鈥�
Gobelle said it was a 鈥渧iolent, physical assault,鈥� which shocked him. Two other managers told the tribunal Gobelle was angry and swearing shortly after Nelson spoke with him about the pronoun issue and they then saw Nelson soon after slap him on the back and say, condescendingly, 鈥渟ee ya later, sweetie.鈥�
Four days later, owner Ryan Kingsberry called Nelson to tell them they were being fired because they came on 鈥渢oo strong, too fast鈥� and were too 鈥渕ilitant.鈥� And Nelson was told, 鈥減art of the problem is making sure you vibe with the team鈥� and they weren鈥檛 鈥渁 good fit.鈥�
The restaurant told the tribunal Nelson was fired for insubordination, for speaking to Gobelle the night of their last shift, and because they 鈥渁ssaulted鈥� Gobelle.
Cousineau, in her decision, said she was 鈥渟atisfied Mr. Gobelle鈥檚 conduct toward Jessie Nelson amounted to discrimination鈥� because he persisted in using feminine pronouns and gendered nicknames.
