Compensation board told to pay gay DND firefighter harassed on the job
A workers’ compensation board has been ordered to assess financial benefits for a gay Department of National Defence firefighter who was harassed and received death threats because of his sexual orientation.
At one point, the man who worked at Canadian Forces Base Halifax was physically threatened. Another time, his fire-fighting oxygen mask was tampered with.
The ruling overturns a 2012 decision by the Nova Scotia Workers’ Compensation Board, which rejected the firefighter’s claim, saying he did not qualify for injury benefits.
The appeal board found that not only did such harassment qualify, the psychological injuries the man suffered from the abuse were well documented.
“The worker is suffering a psychological disorder caused by his experiences at the workplace,” noted the ruling by K. Andrew MacNeil, an appeal commissioner.
“It is remarkable that the worker remained in the workplace as long as he did, and more remarkable that the treatment to which he was subjected was allowed to continue through to the worker’s departure from the workplace.”
The treatment of the firefighter was “scandalous,” he added.
“I have identified at least three instances where the worker would perceive actual or threatened death or serious injury to himself or others, or perceive a threat to his physical integrity.”
The unnamed employee produced doctors’ reports and evidence found in his workplace to back up his claims. No evidence was produced by anyone to counter the allegations. The appeal commissioner also found the firefighter’s testimony credible.
The man, who had served in the Canadian Forces also as a firefighter, told his DND co-workers early on that he was homosexual.
The harassment, he told the appeal commissioner, was linked to his homosexuality and the fact he did not hide his ambition for a promotion.
The worker’s roommates moved out of the common dorm room to which he had been assigned. Gay porn and other related materials were distributed anonymously around the shared quarters and workspace. The man was directly insulted directly by fellow workers, who later took the harassment outside the workplace.
On at least one occasion, he was threatened directly with physical assault. On another, he was assaulted when a metal-skinned door was thrown at him, the ruling noted.
“On a third occasion, the worker discovered that his breathing apparatus, part of his personal protective equipment, had been tampered with so as to allow outside air, gases and smoke to enter his face mask directly in the event of a fire,” the ruling said.
“Did the worker suffer an acute, psychological (stress) reaction to one or more of these threats? Yes,” stated the appeal ruling.
Medical files showed that after these incidents the employee became depressed. To deal with the situation, he left front-line firefighting duties and accepted an office job, but the harassment continued.
The appeal commissioner ordered the workers’ compensation board to assess the benefits payable in relation to the claim.
A Canadian Forces spokesman couldn’t comment about the specific case. But he noted the Canadian Forces and DND have a zero tolerance towards harassment.