B.C. man who was fired by text message after disclosing Hepatitis C diagnosis wins human rights case

A B.C. Human Rights Tribunal hearing room is shown in this file image from March 29, 2010. (THE CANADIAN PRESS/Darryl Dyck)

A construction worker who was fired via text message the day after disclosing that he had Hepatitis C has been awarded more than $65,000 by the BC Human Rights Tribunal.

The complaint dates back to 2018 and a hearing was held last month, according to the decision posted online Monday.

Mr. D, as he is referred to in the documents, alleged that his employer Path General Contractors Ltd. and its owner Dennis Donovan discriminated against him based on disability when terminating his employment.

The tribunal decision notes that no one representing the company filed a response to the complaint, no one "participated in the dispute resolution process" and no one appeared at the April 3 hearing.

It was conducted without them after the tribunal member determined the respondents had been "given a full opportunity to attend."

THE FIRING

Mr. D told the tribunal that he was injured on the job roughly two weeks after he started working for the company. He needed to get first aid from the construction safety officer on site and told that person about his diagnosis with Hepatitis C.

"After treating Mr. D, the CSO ran across the job site to the site supervisor and yelled, 'Holy shit, did you know [Mr. D] has hepatitis!' He said he wanted Mr. D gone. These comments were audible to other employees," the decision says, summarizing Mr. D's recollection of the incident.

The next morning, Mr. D arrived at work and received a text message from Donavan telling him he was fired because he had "not disclosed his Hepatitis C diagnosis," according to the ruling. In addition, a colleague testified that people on the job site after the firing openly discussed that it was due to Mr. D.'s diagnosis.

Tribunal member Edward Takayanagi found that Mr. D.'s Hepatitis C was "likely the sole factor" behind the firing. The decision to terminate Mr. D was judged to be discriminatory because it was done on the basis of a disability and because of the significant "adverse impact" on Mr. D.

"Hepatitis C remains a largely stigmatized disease. Fears about transmission, fueled by misinformation about HCV, combined with moral judgment about how someone may have been infected, leads to devaluing a person based on their disease," Takayanagi wrote.

"Mr. D provided evidence that the conduct complained of had devastating negative impact on his self-worth. He said he did not understand (why) he was being judged unfairly and believed himself unworthy of integrating into society. Mr. D’s colleague testified that after the firing, he overheard other employees making derogatory comments and expressing disgust about Hepatitis C."

THE IMPACT

Mr. D. was awarded $18,500 for injury to his dignity, feelings and self-respect, with the tribunal noting that the loss of a job is the most serious consequence of workplace discrimination.

Takayanagi also said the discrimination itself was compounded by the employer's conduct. The derogatory, public comments by coworkers and the abrupt firing by text message were both described as "callous."

However, the main consideration when calculating these damages was the "severe" impact on Mr. D, which was described in testimony from him, his wife, and his former colleague.

"Mr. D described the effects of the firing as an emotional implosion. He feared judgment, stigma and disdain and stopped going out in public or interacting with friends. He felt dehumanized and worthless. He spoke about his days being filled with despair and feeling unable to integrate into society," the decision said.

"Most notably, Mr. D, who has been living with HCV and managing flare-ups of symptoms, was made to feel that his diagnosis was 'a disease burdening him.' Instead of feeling that his disability was manageable, he felt it made him a lesser person, unworthy of friendship, work or participating normally in society."

The other witnesses said Mr. D, became withdrawn, worried, depressed, anxious and afraid, describing him as “a turtle hiding in a shell," according to the decision.

In addition to the award for the injury to dignity, feelings, and self-respect, the tribunal ordered that Mr. D be compensated $48,672 for lost wages.