1. I commenced my employment with the T. Eaton Company on October 20, 1971. I have been an investigator 2/Investigations from November 1982 to the present. I was transferred to the Scarborough Town Centre Store, on company order, on the 15th July 1991, in the capacity of Investigator 2.
2. On August 1991, Michelle Antone, Investigator 1, approached me regarding a male she accused of stealing a can of pop from the company. I advised her that I cannot arrest the person since I did not witness this occurrence. Ms. Lynda Dunbar questioned my judgement and I was subsequently penalized for this.
3. On December 20, 1991, I was given an employee review by Ms. Dunbar. In retaliation for the incident in August, which I listed in particular #2. she rated my judgement, attitude towards co-workers and my initiative to be standard.
4. On January 16th 1992, my co-workers arrested a pregnant black woman and was assaulting her without provocation. I ordered them to stop assaulting this woman, and I intervened directly and stopped this action. Ms. Dunbar called me into her office and castigated me for the actions I took, again, she questioned my judgement and my decision making abilities.
5. From January 1992-July 1993, there have been staff meetings held by Lynda Dunbar, once or twice per month, on all occasions I was not told about these meetings nor was I asked to attend. On several occasions I happened to walk in on these meetings, and in front of all the Loss Prevention Staff, Ms. Dunbar promptly closed the door as I attempted to enter the meeting. I felt very humiliated and unequal in the workplace by the treatment from my supervisor in the presence of our subordinates.
6. Between June 3-June 15, 1992, I had to seek medical help because of the anxiety which I was suffering brought on by work related stress because of the racial harassment that I suffered at the hands of Ms. Dunbar and others.
7. On April 15, 1993, I applied for a transfer to other Investigator 2 positions that were vacant at Shoppers World and the Toronto Eaton Centre store. At Shoppers World, Mr. Craig McNeil a white male with considerably less service and experience than myself got the position. At the Toronto Eaton Centre, Lucy a white female with considerably less experience than myself got the position. There were several vacancies for Supervisors and all these positions were given to employees with far less experience than myself. Mr. Roy Cox, who I hired is now the Supervisor of the Don Mills Store, Mrs. Delia Francis is a Supervisor of the Promenade Store, Mr. Martin Murchie is a Supervisor of the Bramlea store. Mr. Michael Bydnarchyk was promoted from an investigator 1 to a supervisor. I believe that I was discriminated in promotion because of my race.
8. June 10, 1993, Ms. Dunbar accused me of locking three employees in the store after store closing. I denied that this incident occurred. I then asked her to bring the three employees in front of me to make the allegations in my face or to substantiate her claims. I have not heard back from her since this date with respect to this false allegation. I believe that this is another in a pattern of harassment perpetuated against me.
9. June 19, 1993, Ms. Dunbar falsely accused me of failing to respond to a company alarm. In fact this alarm did not occur at all-since there were cleaners working in the store with the security department authorization.
10. From June 19, 1993 to June 28, 1993, Ms. Dunbar was on vacation. Within the company structure, I as the Investigator 2 was responsible for the department in Ms. Dunbar's absence. The numerous memos from Ms. Dunbar will prove this, since she delegated all the work assignments to me, including training of the Investigator 1's and the Clerks. Ms. Dunbar did not inform me that she was going on vacation. She wrote a memo to Mr. Thomas Stephens and Mr. Ron Congram assigning Mr. Zoran Cvetkovski, an Investigator 1 to assume responsibility for the department while she was away.
11. On June 29th, 1993, I approached Ms. Dunbar and asked her for an explanation as to why I was not informed that she was going on vacation and why she handed over responsibilities during the period to Zoran Cvetkovski an Investigator 1, instead of myself. Ms. Dunbar informed me that based on previous incidents, she has recommended to Mr. Stephens that I be demoted to the position of Security Attendant. Ms. Dunbar then informed me that she is training Zoran to assume my position as an Investigator 2. She then told me that a word of advice she will offer is "this job is 80% politics and 20% work."
12. On July 06, 1993, Mr. Stephens, General Manager and Mr. Rick Dray Manager contacted me by telephone and informed me that they have decided to transfer me to the Toronto Eaton Centre store.
13. On July 14th, 1993, Mr. Dray provided me with the job description. This represents a significant demotion, since I will be reporting to an Investigator 2-A position which I held until this complaint was lodged.
14. On July 15, 1993, I called Mr. Dray and told him that I am not prepared to accept the Security Attendant position. He then advised me to report to the Toronto Eaton Centre on Wednesday August 4th, 1993, to assume my new position since "you will no longer be on the staff at Scarborough."
15. I have written numerous correspondence to the senior management of the company including Mr. Tom Reid, Mr. Marc Newman, Mr. Simmonds, Mr. Jim Henry, Mr. Anderson, Mr. Rick Dray, Ms. Pat Logan, and Mr. Ian Forrester, in addition to writing letters complaining about the harassment that I was experiencing on the job. I placed telephone calls to their offices, however, my calls were not returned. These managers refused to address the racial discrimination that occurred against me within the T. Eaton Company.
I believe that the incidents that I have related to the Ontario Human Rights Commission is a pattern of harassment perpetuated against me in the workplace because of my race. Further, I was denied promotions over the years, all white applicants that I have hired were promoted over me, even though I have passed the Company's Management Trainee Program, and I have taken other company sponsored courses including, People's Management Skills, First Aid, C.P.R. and Combat Shooting. I was also acting Loss Prevention Manager, for the Toronto Eaton Centre store on numerous occasions. My employment record for the past 22 years with the company have been exemplary, thus I can only conclude that I am not being promoted to positions that I am qualified to assume because of my race. The racial discrimination that I have experienced have created a poisonous work environment that is becoming unbearable for me.
I am also aware that (other African-Canadian employees filed complaints with the commission alleging racial discrimination and the violation of the Human Rights Code by Eaton's).
I am an African-Canadian person and I believe that my right to equal treatment with respect to employment without discrimination because of my race and color have been infringed by the above named respondents contrary to section5(1), 5(2) and 9 of the Ontario Human Rights Code, R.S.O. 1990, C.H. 19.
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