Human rights tribunal hearing ordered for Indigenous nurse who received workplace threats
Warning: This story contains disturbing language
An Indigenous nurse says she is relieved there will be a human rights tribunal hearing into her allegations that Alberta Health Services did not act on racist abuse from her co-workers, and placed her on leave and reassigned her rather than address a toxic work environment.
Last month, the chief of the Alberta Human Rights Commission overturned a previous decision to dismiss Eileen Ledger's complaint. Michael Gottheil rejected the finding there was no connection between the action taken by Alberta Health Services (AHS) and Ledger's race.
"This cannot be correct," Gottheil wrote in his April 23 decision. "It is akin to finding that, for example, if a female employee is removed from a workplace because she is the victim of sexual harassment, the act of the employer in sending her home is unconnected to gender discrimination."
In an interview, Ledger said she is "overjoyed" by the decision.
"I said, 'Somebody believes me,'" the 65-year-old said. "I have been telling my story since February 2018 and nobody believed me."
Ledger was a nurse at the Edmonton Remand Centre. In February 2018, she attended a protest rally about the acquittal of Saskatchewan farmer Gerald Stanley in the death of Indigenous man Colten Boushie. Ledger, an Anishinaabe residential school survivor, held a sign that read, "White People Scare Me."
An image of Ledger with the sign circulated within the remand centre. In her complaint, Ledger said a few days later, a colleague told her a correctional manager said Ledger should "watch out because the white officers will not protect her or guarantee her safety."
AHS and Alberta Justice, which operates the remand centre, believed the threats were real. The next day, Ledger's supervisor sent her home for safety reasons, then placed her on paid leave for several weeks. Ledger alleged the supervisor said that would give correctional officers "time to simmer down."
AHS developed a plan to safely return her to work but only in the women's health clinic. Gottheil said Alberta Justice concluded there was no safety risk but AHS acknowledged there could be "verbal and non-verbal harassment or retaliation."
Ledger said she was told she should not interact with other employees and would have to eat lunch in a boardroom.
"I did not feel safe," she wrote in her complaint. "The month I was off, there [were so many] hate speeches made by officers and AHS staff directed at me."
She said co-workers called and sent texts about comments staff made, including that "if [Ledger] was an inmate, she'd be dead."
'Ample' grounds for hearing
Ledger said she became anxious and depressed. On her doctor's advice, she remained off work. She did not return to the remand.
She told the commission about alleged incidents in which remand staff referred to her or others as "f--king Indians," "f--king savages," and "f--king squaw." She said she complained to supervisors about two incidents where correctional officers ridiculed Indigenous inmates but AHS did nothing.
AHS and the justice ministry argued the threats and harassment Ledger received, and her leave and reassignment, were not connected to her race.
Both said they responded properly to the abuse. Commission director Nancy Henderson agreed, finding no evidence of racial discrimination.
But Gottheil found Henderson and the respondents took an "overly narrow and technical view" of the law and there were "ample" grounds for a hearing.
He noted Alberta Justice did not say what, if anything, it did to investigate the abuse and stop the perpetrators.
AHS and Alberta Justice said they are considering their next steps.
"It was like I was a burden, coming to them," Ledger said. "They just swept it under the rug."
Warning: This video contains disturbing language.
If you have information for this story, or another story, contact us in confidence at cbcinvestigates@cbc.ca.
ABOUT THE AUTHOR
