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Know Your RightsResearch scientist wins longstanding discrimination complaint against NRCIn one of the longest running cases of racial discrimination in the public service, Chander Grover, an internationally recognized optics scientist, won his 5-year discrimination battle against the NRC. Dr Grover, who is a member of the RO/RCO Group alleged that because of his race, colour and national origin, he was denied managerial, promotional and research opportunities. His case illustrates one of the seamiest incidences of abuse of managerial authority used intentionally to diminish Dr. Grover’s career stature and frustrate his career development. Furthermore, it shows the subtle methods that employers use to discriminate against their employees and paints a vivid picture of systemic discrimination in action. Chander Grover joined the NRC in 1981 as Associate Research Professor in the Physics section and quickly became one of NRC’s leading scientists in the field of optics. For the next five years, he received superior recommendations and his career progressed rapidly. All this changed in 1986 when Dr. Laubitz was appointed Director of the Physics Division and became Dr. Grover’s boss. From that point on, his research activities and position within the Division of Physics were severely restricted and his role was left completely undefined. By 1987, it was apparent that Dr. Laubitz had reduced his research activities, dismantled his research team, put his budget on hold and left his future with the NRC in a position of distressing uncertainty. Dr. Grover went to see senior management over the case of his treatment at the hands of Dr. Laubitz. He was advised to take a medical leave of absence for a few weeks. When he came back from leave, he met with senior management again and told them that he was still being discriminated against by Dr. Laubitz. Nothing was done. Dr. Grover met with the NRC’s Human Rights Advisor to discuss his discrimination complaints. She gave her assurances that their discussions would be strictly confidential. She also stated beyond suspending Dr. Laubitz, there was very little the NRC could do to compensate Dr. Grover. After this discouraging piece of advice Dr. Grover chose not to proceed further using the internal route. He approached the Canadian Human Rights Commission and filed a complaint. The subsequent Human Rights Commission investigation of Grover’s complaint sheds lights on the unethical conduct of the NRC. The same Human Rights Advisor who had received, in confidence, Dr. Grover’s entire story about his treatment by Dr. Laubitz and others, then turned around and became the NRC’s representative throughout the investigation and subsequent hearing. A blatant conflict of interest! In early March of 1989, Dr. Grover learned that his activities had again been cut back through budgetary restrictions. By March of 1989, Dr. Grover’s funded research activity had been restricted to sensitometry which represented approximately 10% of his research work. The research restrictions in turn, impeded his ability to publish research papers. The effect on Grover’s career was devastating. In the latter part of 1989 and early1990, the NRC went through yet another reorganization and several scientists were laid off. BY the summer of 1990, President Pierre Perron informed staff that the reorganization was finished and there would be no further lay-offs. Then just 3 weeks later, Dr. Grover received a termination letter. In it, he was given an ultimatum: put together a suitable proposal or face lay-off. Dr. Grover put together such a proposal; however, it was turned down. Evidence before the Human Rights Tribunal showed that the NRC planned to terminate Dr. Grover from the outset. The process of allowing Dr. Grover to submit proposals only to have them rejected, was simply used to give the appearance of fairness in the procedure. In fact, he was the only employee to receive such a notice and to receive such an ultimatum. On November 7, 1990, he was fired from the NRC. He filed a grievance based on unjust lay-off. The grievance was subsequently settled in his favor once it reached the Public Service Staff Relations Board. Dr. Grover was reinstated on May 28, 1991. During this time, the Human Rights Commission investigation and hearings were taking place. In August 1992, after 2 years of Human Rights Tribunal hearings, and five years after he filed his initial complaint, Grover won his case. The Tribunal found that the treatment of Dr. Grover by NRC management was “calculated to diminish his status as a scientist and reduce his research activities, impede his promotion progression and reduce his ability to develop his scientific career.” In making their observations, the Tribunal pointed out that...racial discrimination more often than not, is subtle and convert. In weighing evidence, one often has to assess circumstantial evidence, in order to identify the subtle scent of discrimination.” In its precedent-setting award, the Tribunal ordered the NRC to publish a written apology, to cease its discriminatory actions and to reinstate Dr. Grover and appoint him to a position of section head or group leader. It also ordered compensation for lost wages and loss of salary due to denial of promotional opportunities and the payment of $5,000 for hurt feelings, the maximum amount allowed by the Canadian Human Rights Act. Despite the clear-cut findings of the Tribunal, NRC management is unremitting in its persecution of Dr. Grover. The Institute continues to assist him in his battle for justice. COMMUNICATIONS - VOL. 18, No. 4 / OCTOBER-NOVEMBER 1992 Publish Date: 13-MAR-2007 12:12 PM |
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