Quebec gives the industry a $5-billion boost

Question was unnecessary given details of position, human rights tribunal rules

Lingerie and swimsuit retailer La Vie en Rose has been ordered by Quebec’s Human Rights Tribunal to pay a would-be employee $5,000 after he was asked, “What is the origin of your name?” at the end of a job interview.

Salim Kerdougli, who is of Algerian origin, was applying for a job as a logistics co-ordinator for the company ’s international division.

He landed a telephone interview, then a face-to-face interview along with six other candidates and, finally, a second interview along with just one other candidate.

As this final interview, which lasted from 45 to 60 minutes, was winding up, the conversation dealt with La Vie en Rose’s international partners, one of which is located in Algeria, and it was at this point the interviewer asked Kerdougli the origin of his name.

Kerdougli told the tribunal that he was “shaken and destabilized by the question,” saying he had been insulted and his dignity and selfesteem reduced by its being asked.

However, two company representatives told the tribunal that while the question had indeed been asked, no change in Kerdougli’s manner was noticed during the interview and he seemed unperturbed by the question.

In the end, the other candidate got the job.

The tribunal found that the question was not necessary given the requirements of the job, that no other question concerning any links Kerdougli may have had with his country of origin were posed and that the question was not asked to the other candidate for the job.

In its ruling, the tribunal said it found sufficient evidence to establish that Kerdougli’s right to maintain his dignity and not to be discriminated against based on his country of origin had been violated.

Kerdougli had been seeking $50,000 in moral damages and $25,000 in punitive damages.

However the tribunal limited the award to $5,000 in moral damages, saying it had found nothing to suggest La Vie en Rose had sought deliberately to violate the Quebec Charter of Rights.