Twelve Jewish teachers have filed human rights complaints against a group of Ontario school boards and teachers’ unions, alleging they have experienced discrimination at their workplaces due to incidents of antisemitism.
The teachers, who have filed complaints with the Human Rights Tribunal of Ontario, say institutions responsible for their workplaces not only failed to act, but in many cases penalized them when they did report discrimination.
Kathryn Marshall, an employment and human rights lawyer and founding partner of Marshall Law, a Toronto law firm, said Friday that the point of the complaints is to bring about change. She said the teachers face daily occurrences 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 name 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), the Ontario Secondary School Teachers’ Federation (OSSTF) and Ottawa-Carleton Elementary Teachers’ Federation (OCETFO).
‘There hasn’t been action,’ lawyer says
The teachers are seeking damages of $150,000 each for injury to their dignity and self-respect, as well as compensation for psychological counselling.
One teacher alleges the TDSB did not investigate or meaningfully address an incident in which a swastika was drawn on a desk in her classroom even though she made a complaint.
Another teacher said they witnessed students playing a game about Hitler in the schoolyard, while still another said a student played the Nazi anthem in class.
A third teacher said she was met with hostility and publicly reprimanded after she tried at a union meeting in Toronto to speak out about antisemitism at work.
A fourth teacher complained about the Star of David being removed repeatedly from the school’s anti-hate bulletin board and said nothing was done.
“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.'”
Teachers seeking financial compensation, policy changes
Along with monetary compensation, the teachers want the tribunal to order the boards and unions, within six months, to develop transparent, enforceable policies and processes to combat antisemitism in schools, with input from the Jewish community.
Although the teachers have filed applications to the tribunal individually, they will ask the tribunal to hear the complaints together.
Marshall said the teachers are not saying that having a view on the conflict in the Middle East, criticizing the Israeli government or supporting human rights in Gaza, is antisemitism.
“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.
Antisemitism has ‘no place’ in schools, TDSB says
CBC Toronto reached out to the school boards and unions for comment.
Ryan Bird, spokesperson for the TDSB, said the board doesn’t comment on legal proceedings or matters involving individual employees but said it would respond to specific allegations during the tribunal process.
“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 and will continue to work with community groups and agencies to combat antisemitism and to foster inclusive schools and workplaces where students and staff feel safe and welcome.”
Christina Choo-Hum, spokesperson for the YRDSB, said the board is unable to comment on the complaints to “preserve the integrity” of the process.
She said the board is “committed to creating and sustaining safe, welcoming and inclusive learning and working spaces for all students and staff.”
Boards to respond to allegations through tribunal
Sarah Kekewich, spokesperson for SCDSB, said the board also doesn’t comment on legal proceedings or matters involving individual employees but it will respond to specific allegations through the tribunal process.
She said the board “remains committed to creating safe and inclusive working and learning environments for all staff and students.”
Diane Pernari, spokesperson for the OCDSB, also declined to comment on the allegations, saying “all allegations of antisemitism and other forms of hate brought to the Board’s attention are thoroughly investigated and addressed.”
Carla Pereira, spokesperson for the ETFO, said: “We do not comment on legal matters, including those that are before the Ontario Human Rights Tribunal.”
The OSSTF and OCETFO did not respond to a request for comment on Friday.
