Twelve Jewish teachers have taken legal action by filing human rights complaints against several Ontario school boards and teachers’ unions, claiming they have faced discrimination in their workplaces due to incidents of antisemitism.
The educators, who submitted their complaints to the Human Rights Tribunal of Ontario, argue that the institutions responsible for their environments not only failed to take action but often penalized them when they reported instances of discrimination.
Kathryn Marshall, a lawyer specializing in employment and human rights and a founding partner at Marshall Law, a law firm based in Toronto, stated on Friday that the aim of these complaints is to initiate change. She mentioned that the teachers encounter daily acts of hate.
“All of these teachers all went to their unions for support and the boards for support and help and they were ignored, which is why they’re having to sue,” Marshall said.
“We are asking the school boards and demanding that they protect the human rights of these teachers.”
The complaints target the Toronto District School Board (TDSB), York Region District School Board (YRDSB), Simcoe County District School Board (SCDSB), Ottawa-Carleton District School Board (OCDSB), Elementary Teachers’ Federation of Ontario (ETFO), Ontario Secondary School Teachers’ Federation (OSSTF) and Ottawa-Carleton Elementary Teachers’ Federation (OCETFO).
‘No response has been given,’ lawyer states
The educators are seeking damages amounting to $150,000 each for harm done to their dignity and self-respect, along with compensation for psychological counseling.
One teacher claims that the TDSB failed to investigate or adequately address an incident where a swastika was drawn on a desk in her classroom despite her complaint being filed.
Another teacher reported witnessing students playing a game centered around Hitler during recess, while another stated that a student played the Nazi anthem during class time.
A third educator said she faced hostility and was publicly reprimanded after attempting to speak out about workplace antisemitism during a union meeting in Toronto.
A fourth teacher expressed concern over repeated removal of the Star of David from the school’s anti-hate bulletin board without any actions taken.
“The common thing that a lot of these teachers have experienced is they’ve gone to their school boards to make complaints and there haven’t been sanctions, there haven’t been investigations, there hasn’t been action,” Marshall said.
“And in some cases, the teachers who made the complaints actually ended up being suspended or they ended up being put on leave or they even ended up being investigated and told: ‘Actually, you’re just being discriminatory.'”
Kathryn Marshall, an employment and human rights lawyer, says: ‘All of these teachers all went to their unions for support and the boards for support and help and they were ignored, which is why they’re having to sue.’ (Olivia Bowden/CBC)
Teachers requesting financial restitution alongside policy changes
In addition to monetary compensation, the educators want the tribunal to mandate that within six months both boards and unions create clear policies aimed at addressing antisemitism in schools with input from Jewish community members.
While each teacher has filed individual applications with the tribunal, they intend to request that their cases be heard collectively.
Marshall emphasized that while discussing opinions about conflicts in Israel or criticizing its government does not equate to antisemitism; it’s about making sure Jewish teachers feel safe at work.
“That is absolutely not what this case is about whatsoever. This case is about teachers who are scared to go to work because they are being subjected to hate because they’re Jewish,” she said.
TDSB affirms no tolerance for antisemitism
CBC Toronto contacted various school boards and unions for statements regarding this matter.
Ryan Bird, spokesperson for TDSB stated that while it doesn’t comment on ongoing legal matters or issues related specifically to individual employees it will address specific allegations through tribunal proceedings as necessary.
“All allegations of antisemitism and other forms of hate brought to the Board’s attention are thoroughly investigated and addressed,” Bird said.
“Antisemitism has no place in our communities or schools. The Board has worked with community groups and agencies previously as well as continues efforts combatting antisemitism while fostering inclusive environments where both students staff can feel safe.”
Christina Choo-Hum representing YRDSB noted limitations on commenting regarding ongoing complaints “to preserve integrity” within process management.
She indicated commitment towards sustaining welcoming inclusive spaces conducive learning among students staff alike.”
Boards expected respond through tribunal processes
Sarah Kekewich from SCDSB echoed similar sentiments expressing unwillingness share details surrounding specific individuals due pending litigation however assured adherence towards fostering safety inclusivity throughout educational settings offered by district wide initiatives implemented across campuses”
Diane Pernari representing OCDSB declined provide insights concerning claims affirming diligence exercised ensuring thorough examination concluded upon receiving reports pertaining issues raised aforementioned contexts associated discriminatory practices existing accordingly leading resolutions thereafter carried forth consistently observed policies enacted over time encompassing compliance guidelines instituted actively maintained between stakeholders involved across system platforms utilized collaboratively attained goals achievement identified through measures undertaken successfully managed outcomes presented universally executed strategies applied across respective areas governed within operational domains envisioned henceforth projected future objectives contemplated achieving results aligned direction anticipated progressions pursued overall”
Carla Pereira speaking behalf ETFO remarked: “We do not comment on legal matters including those before Ontario Human Rights Tribunal.”
The OSSTF OCETFO chose not respond inquiries seeking further clarification elaborated upon recent developments reported earlier
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