Canadian Employment Law Today

Canadian HR Reporter, 2019 The need for creed Does veganism require accommodation? Recent human rights complaint and expanding definition of creed are putting more expectations on employers BY LAURA WILLIAMS E very one of us has a personal iden- tity shaped by a set of beliefs and values that defines who we are as individuals. For some, that might include their religion. For others, it could be a particular practice that guides their daily routines, career and lifestyle choices. For an increasing number of Canadians, those beliefs and values might include di- etary preferences such as ethical veganism — a vegetarian diet that excludes dairy and eggs, based on the premise that the practi- tioner will not consume food (or any prod- ucts, for that matter) derived from animals. For those who adhere to this belief system, dietary decisions are a daily and fundamen- tal part of their lives, in some cases shaping everything from their choice of restaurants to the clothes they wear. Some staunch adherents might deem ethical veganism a fundamental aspect of their personal "creed." Others would argue that food preferences are merely a lifestyle choice. at debate has gained import in the wake of a 2016 decision to update and ex - pand the definition of creed, which is a protected ground under Ontario's Human Rights Code. As you may know, the other grounds include: • Age • Ancestry • Citizenship • Colour • Disability • Ethnic origin • Family status • Gender Identity/Expression • Marital Status (married, single, widowed, divorced, separated or living in a conjugal relationship outside of marriage, whether in a same-sex or opposite-sex relation - ship) • Place of Origin • Race • Receipt of public assistance (in housing only) • Record of offences (in employment only) • Sex (including sexual harassment, preg - nancy and breastfeeding) • Sexual orientation While employers have always been re- quired to acknowledge and accommodate a worker's self-professed creed — even if they find it objectionable, believe the prac- tice causes them inconvenience, or impacts workplace morale — with its broadened definition, the Ontario Human Rights Com- mission (OHRC) explained that: "Creed may also include non-religious be- lief systems that, like religion, substantially influence a person's identity, worldview and way of life. e following characteristics are relevant when considering if a belief system is a creed under the code. A creed: • Is sincerely, freely and deeply held • Is integrally linked to a person's identity, self-definition and fulfilment • Is a particular and comprehensive, over - arching system of belief that governs one's conduct and practices • Addresses ultimate questions of human existence, including ideas about life, pur - pose, death, and the existence or non- existence of a Creator and/or a higher or different order of existence • Has some "nexus" or connection to an or - ganization or community that professes a shared system of belief. is a very broad definition that opens the door to wide-ranging interpretation. For employers, the expanded notion of a creed — which seems to include a much wider grouping of spiritual and ethical be - liefs — has created widespread uncertainty as to the extent of accommodations that may be required in the workplace, and their implications, should an employee push the boundaries of that definition. What, em - ployers wonder, are the outer limits of what a personal creed might be? We're about to find out. Vegan firefighter filed complaint In May 2019, Ontario firefighter Adam Knauff filed a human rights complaint against his employer, the Ministry of Natural Resources and Forestry, for not accommodating his requests for vegan food while fighting a forest fire in British Columbia in 2017. "e Ontario Ministry of Natural Re- sources and Forestry discriminated against me and failed to accommodate my sincerely held ethical beliefs (creed) when it failed to provide me with food that accommodated my personal commitment to ethical vegan - ism, and then disciplined me and suspend- ed me because I attempted to assert my right to accommodation of that sincerely held ethical belief," he claimed. According to Knauff, he made repeated requests for vegan fare, and he was prom - ised nutritionally adequate food, only to be disappointed at meal times. After getting into verbal confrontations with the camp chef — in one instance for handling beef and vegan burger patties with the same un - washed hands — and, later, his supervisor, Knauff was suspended and eventually sent home to Ontario. e Ministry countered that it did work to meet Knauff 's nutritional needs and, at any rate, ethical veganism does not meet the legal definition of a creed. But what does? As the OHRC's expanded definition un - derscores, the potential for varying inter- pretations of a creed has opened a veritable Pandora's box that could give business own- ers, managers and HR practitioners head- aches for years to come. at's at a time when many organizations are already strug- gling to meet their ever-widening human rights compliance obligations. Most genu- inely work to comply, but they don't know where to begin or become mired in the rela- tive complexity of understanding case law and addressing legislative requirements. If the OHRC were to rule in Knauff 's fa- vour in the precedent-setting case, it's not inconceivable that employers would be re- THERE ARE several grounds for discrimination that are protected under human rights legislation. Most people are familiar with several of them and what they mean. "Creed" is one that doesn't come up as much, but it is protected and employers can't legally discriminate against an employee's creed — or set of beliefs and values. But what qualifies as someone's creed to the extent that those beliefs are protected against discrimination? How far do employers have to go to respect those beliefs? 4 CASE IN POINT: ACCOMMODATION BACKGROUND For an increasing number of Canadians, beliefs and values include dietary preferences such as ethical veganism.

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