In many workplaces, employers, to ensure employee health and safety and compliance with applicable laws, require their employees to wear a safety helmet. However, some employees may refuse to wear a helmet because of their religious beliefs or for some other reason. What is the best way to react in such a situation, and just how far does the duty to accommodate go? This difficult issue has been faced by many employers in recent years, and a recent Superior Court of Québec decision (2016 QCCS 4521) provides a possible solution.

The plaintiffs in the case were members of the Sikh religion who worked as truck drivers for various transport companies involved in delivering containers to several Port of Montreal terminals. Because of a policy (Policy) making safety helmets mandatory in the terminals, the truck drivers claimed that they were being prevented from accessing the terminals because of their religious beliefs, which prohibited them from wearing a safety helmet over their turban.

Management at one of the terminals actually had established an accommodation procedure for Sikh truck drivers who refused to wear a helmet over their turban. This accommodation measure involved substantial changes designed to ensure that the drivers remained inside their vehicles at all times during container loading procedures. Importantly, all Sikh truck drivers had accepted this accommodation except the three plaintiffs.

In view of the facts, the court determined that the Policy infringed the plaintiffs’ right to freedom of religion, both under Quebec’s Charter of Human Rights and Freedoms and under the Canadian Human Rights Act. The court found, however, that the infringement was completely justified given the primary objective of the Policy – to ensure worker safety – and the convincing evidence that the Policy was necessary.

In light of this decision, it appears that an employer sincerely concerned about the health and safety of the employees at its facilities may institute preventive measures even if those measures infringe the fundamental rights of some employees. It is important to note, however, that the circumstances surrounding the adoption and implementation of such measures could affect a decision maker’s perception of their validity. You should therefore act in good faith and make sure the measures you adopt have a clear objective and are necessary to attain that objective.

Caroline Jodoin
Philippe Bélisle CRHA