Question

After months of searching for a weekend job, Danté, who is Black, finally got an interview with the owner of a busy car wash and gas station. The owner seemed reluctant to hire him, but Danté managed to win him over. The owner gave him the job, saying that he would be working on a weekend shift with seven other young men, all students from the local area. The shift manager would train him on the car wash equipment.

On Danté's first day, the shift manager gave him only a few minutes of instruction on the equipment. Dante watched what the other men were doing, but when he asked questions, they were not very helpful.

Over the next few weekends, Danté concentrated on his work but because of certain events, he increasingly began to stay by himself. A few co-workers invited him to join their little group for lunch or breaks, but others consistently cracked ethnic and racial jokes, often within hearing of the shift manager. One day Danté overheard the manager say that Black people were responsible for increased violence in the community. This statement encouraged some co-workers, who had previously eaten lunch with Danté, to tell a couple of jokes about Black people. When they glanced at him as they told their jokes, he got up and walked away.

One busy Saturday afternoon, a whole section of the car wash equipment broke down because someone had allowed the system to become overheated. Danté had worked on that section until his break, when a co-worker took over. The system had broken down at some point after that.

The shift manager was furious and accused Danté of negligence. Danté replied that he believed the system was fine when he left for his break. Although Danté insisted that the equipment failure was not his fault, the shift manager fired him. Danté believed he was discriminated against because he is Black, while his co-workers and managers are White.

1. Did the shift manager have good reason for firing Danté? Why?

2. What factors would a human rights tribunal take into consideration?

Answer 1

Did the shift manager have good reason for firing Dante?

No, he probably didn't. It would be difficult for the manager to show that it was Danté who caused the equipment failure, as he had already left for his break. It was not clear if the other employee had partial or total responsibility for the problem.

Dante believed he was fired because he is a Black person.

What additional factors would be taken into consideration in a human rights tribunal hearing?

The owner promised Dante he would be trained on the equipment by the shift manager. Yet the manager only gave him a few minutes of instruction.

Why?

Is it possible that the manager did not want to work with him? Is that why the owner was reluctant to hire Danté in the first place?

The shift manager was overheard to say that Black people were responsible for increased violence in the community. The shift manager also contributed to the harassment and poisoned environment by sharing racist jokes with Dantes co-workers.

Furthermore, some co-workers ignored and isolated Danté, possibly contributing to the harassment. This and the poisoned environment constituted discrimination.