Parrack ruled that there was no evidence about whether Datt could function at McDonald’s if she washed her hands less often. Parrack was up and away, socking it to the big, evil corporation on behalf of a poor working woman. She ordered McDonald’s to pay Datt $23,000 for “lost income” and an additional $25,000 for her “dignity and self-respect.” The tribunal found no evidence that McDonald’s treated Datt disrespectfully other than the alleged violation of her right not to wash her hands as often as McDonald’s required. But that, apparently, was beside the point.
According to the B.C. Human Rights Tribunal, a kitchen worker’s self-respect trumps a company’s commitment to cleanliness. They violated her human rights. So McDonald’s was ordered to pay $50,000 plus interest. Parrack ruled that McDonald’s just didn’t do enough to accommodate their long-time employee. McDonald’s answer was simple: there was no job in the restaurant, including the manager, who wasn’t expected to handle food from time to time. There just wasn’t any reasonable way to keep on an employee who couldn’t or wouldn’t wash her hands as often as required. That wasn’t good enough for Parrack. So fifty grand it was.
But from the company’s perspective, even that outrageous penalty—plus two years of disability payments, plus three years of legal fees—wasn’t the worst of it. Nor was the tribunal’s invention of a standard for McDonald’s that was less stringent than McDonald’s required. No, it was the BCHRT order that McDonald’s “cease the discriminatory conduct or any similar conduct and refrain from committing the same or similar contravention.” Beena Datt and her unwashed hands no longer toil under the Golden Arches. But since the order applies to any future case similar to Datt’s, dozens of other fry jockeys could be emboldened to pass up soap and water under cover of human rights.
What would happen if, heaven forbid, someone contracted a disease from McDonald’s food because of this insane order? Could the victim sue the restaurant for failing to live up to its legal public health requirements, even though McDonald’s wanted to do so? Could the BCHRT itself be sued? What if it wasn’t just one customer who got an upset stomach, but a dozen people dying from E. coli? And why do we have to play such a risky game in any case, when the science behind food hygiene is settled?
Excerpted from Shakedown by Ezra Levant. Published by McClelland & Stewart Ltd. Reprinted by permission of the publisher.
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