Defence Department discrimination complaint tossed

A Manitoba veteran who accused the Department of National Defence of sexual discrimination has lost a human rights complaint.

Paul Marchand argued DND unfairly chose women over men when it filled several internal janitorial positions at Canadian Forces Base Shilo in Manitoba.

Marchand spent most of his Armed Forces career at Shilo and since his retirement in 1990 has worked at the base on and off as a cleaner for companies under contract with the Defence Department.

But he has failed to be chosen for the internal positions he applied for, according to a written decision on his complaint released to the public on the weekend.

'Mr. Marchand's sex was not a factor.' — Tribunal member Athanasios Hadjis

Marchand told a tribunal of the Canadian Human Rights Commission he believed there was "favouritism" in the hiring process. He said he essentially gave up trying over the years but applied again when two positions were advertised in 2007.

Although Marchand was placed in a pool of qualified people, the jobs were eventually filled by women, the tribunal heard.

"To Mr. Marchand's knowledge, all but one of the 10 cleaners employed on an indeterminate basis by DND are women, and the sole man is nearing retirement," tribunal member Athanasios Hadjis wrote in his 24-page decision.

The only men Marchand has seen employed over the years didn't work directly for DND but instead on contract for another entity, Hadjis said.

Hadjis ruled that on the face of things, Marchand established DND's refusal to employ him was discriminatory, but ultimately dismissed his complaint after hearing the department's explanations for how the positions were filled.

Application policy changed

DND officials told the tribunal Marchand failed to qualify for one position because his online application was not filled out properly. He was eventually allowed to file a paper resumé, but by that time, the position had been filled.

With respect to another position, Marchand was placed in a pool of prospective candidates. He was passed over for a female applicant — not because of gender, DND said, but because "the results of her assessment were outstanding." A panel overseeing hiring for the job determined she would be the "right fit" for it.

"I find that Mr. Marchand's sex was not a factor in DND's decision not to appoint him to one of the … positions," Hadjis said. "DND has provided a complete and reasonable explanation for the circumstances that gave rise to the women's appointments to the cleaner positions."

The tribunal's decision reveals Marchand's case did have some impact on Defence Department hiring practices.

Because of how Marchand's 2007 online application was handled, people applying for jobs are also allowed to submit paper applications.