Former Hamilton Catholic Children’s Aid Society lawyer files human rights complaint
A lawyer who worked for the Catholic Children's Aid Society of Hamilton has filed a human rights complaint alleging he faced discrimination after disclosing he is gay.
The former in-house lawyer, who The Spectator is not naming at this time because he says he fears reprisals in his career, worked for the Hamilton child welfare agency for seven years. In an application filed recently with the Human Rights Tribunal of Ontario, he says he felt he had to resign and give up a career he loved because of the discrimination.
The application names the former executive director of Hamilton CCAS, senior legal counsel and the board chair. He is seeking $150,000, which includes the amount of his annual salary and $34,000 in damages.
However, in an interview with The Spectator, the lawyer said the real purpose of his application is about accountability and really shedding light on an issue for communities that don't have a voice ... that have an oppressed voice."
In an emailed statement to The Spectator, the Catholic Children's Aid Society of Hamilton said it was both surprised and saddened" by the application.
We firmly dispute and will vigorously defend these allegations, which do not accurately depict the Catholic Children's Aid Society of Hamilton (CCASH), our practices, or our values. The CCASH is confident in a successful outcome for the agency."
CCASH said it has demonstrated a commitment to an equitable, inclusive and diverse workplace.
The child welfare agency said it intends to respond formally to the HRTO application by Sept. 19. It is early in the tribunal process and not yet clear if the case will progress to a hearing.
None of the allegations have been proven.
According to the application, the lawyer worked for the child welfare agency for seven years and was well respected. He frequently spoke at conferences and was actively involved in the community.
In early 2021, a friend encouraged the lawyer to join the LGBTQ2S+ Working Group at the Ontario Association of Children's Aid Societies (OACAS) - the association that oversees all CAS agencies in Ontario.
According to the HRTO application, the lawyer spoke to the CCAS executive director, who told him he needed come out" to his supervisor and seek her permission. The lawyer said in the past his supervisor had taken issue with him joining a committee without telling her, so he felt he needed to talk to her before joining the working group. But when he approached the supervisor, the lawyer claims she immediately interrupted and said, I'm not comfortable with this" and then said do whatever you want," before ending the call.
Two working days later the lawyer was called to a meeting where the supervisor allegedly said there had been several complaints about the lawyer being disrespectful. According to the application, she provided two examples that were months old and had not been raised before, including during his performance review. He believed the timing was due to his coming out.
Then followed a series of emails, including where the supervisor allegedly wrote:
When you told me that you wanted to discuss your sexuality and that this was not really about work, I told you this felt awkward but invited you to go ahead. You then advised me of your sexual orientation and that you wanted to join an OACAS group for LGBTQ2S staff, and I expressed agreement. The awkwardness I expressed was in response to receiving personal information about you not related to work." She wrote that she supported his request to join the working group.
This led to meetings and mediation. But the lawyer alleges microaggressions continued, including alleged comments about the organization not being the right fit for the lawyer and that he would never become senior legal counsel.
As a result of ongoing turmoil, harassment, bullying and intimidation ... (he) resigned from the CCAS effective Oct. 29, 2021," the application says. He is now working in a different area of law.
The lawyer also noted that he took part in an equity audit at the CCAS, but the findings were never shared.
In the application, he alleges the discrimination damaged his reputation in the child welfare sector and legal community, significantly impacted" his mental health and forced him to disclose his sexual orientation to many colleagues when he did not want to.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com