Is ethical veganism considered a creed under the Code?
A British Court has recently ruled that Ethical Veganism is a philosophical belief that should be protected in the workplace.
The Complainant, Jordi Casamitjana argued that his employer, the League Against Cruel Sports, unfairly terminated his employment on the basis of his belief. Mr. Casamitjana claimed that he was fired after raising concerns about his pension fund being invested in companies that performed animal testing. A determination on whether or not the Complainant’s employment was terminated on account of his beliefs has not yet been made.
In Canada, there is currently no case law determining whether or not ethical veganism would be protected by the Code on the basis of the creed. For various reasons, each instance the issue was adjudicated, the case was dismissed without a determination. As such, an employer would be required to consider the applicable factors to establish a creed based belief or practice (which are outlined in our previous blog); namely, the following:
Is the creed sincerely, freely and deeply held?
Is the creed integrally linked to a person’s identity, self-definition and fulfilment?
Does the creed have a particular and comprehensive, overarching system of belief that governs one’s conduct and practices?
Does the creed address ultimate questions of human existence, including ideas about life, purpose, death, and the existence or non-existence of a Creator and/or a higher or different order of existence?
Does the creed have some connection to an organization or community that professes a shared system of belief?
Without clarity from the Human Rights Tribunal of Ontario (“HRTO”) or other Courts, an employer will have to assess a request for accommodation of this nature on a case by case basis in consideration of the above mentioned questions.
An employer should consider the purpose and intent of the Code when making a determination. For example, as outlined in the Preamble of the Code, an employer should:
Recognize the “inherent dignity and the equal and inalienable rights of all members of the human family”;
Ensure that each person has “equal rights and opportunities without discrimination”;
Create a “climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province.”
An employer may also be faced with assessing various types of beliefs and practices that fall within the realm of ethical veganism. For example, individuals who are vegan for religious reasons or on account of religious duties and individuals who are vegan for secular, moral reasons related to animal welfare. As stated in our previous blog, “creed” may include non-religious belief systems.
If your business requires assistance assessing accommodation requests on the basis of creed, please contact us.