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Ex-CJLO employee files labour complaint

Former employee claims CJLO as a sexist work environment

A former employee of CJLO, Concordia University’s campus radio station, recently filed a labour complaint under the Canadian Labour Code, claiming the station’s executive team created a hostile work environment for women. The former employee also claims she was fired without just cause.

Ellen Smallwood, who served as the station’s director of promotions, fundraising and sponsorship from January 2015 to November 2016, filed the complaint on Tuesday, March 28. Smallwood will be represented by the Centre for Research-Action on Race Relations (CRARR), a Montreal-based civil rights organization.

Smallwood claims tensions began between her and the station’s executive board and management team in June 2016. At the time, a group of employees, including Smallwood, suggested putting up posters around the radio station’s office to promote it as a safe space. The posters would have condemned sexism, racism, transphobia and other forms of bigotry. According to Smallwood, certain employees opposed the poster because they felt it interfered with their freedom of speech, as well as freedom of the press. She claims this was an indirect form of oppression against minorities.

According to Smallwood, in the weeks that followed, the pro-poster employees created multiple designs for the poster with various anti-oppression messages, but all of them were taken down or opposed. She said the station manager, Michal Langiewicz, eventually decided to hold an online vote for the station’s volunteers and staff on whether they approved of the poster. While Smallwood claims the staff overwhelmingly voted in favour of displaying the poster, she claims Langiewicz still refused to put it up.

Also speaking out is another female former employee, who wished to remain anonymous. The anonymous employee corroborated some of Smallwood’s claims regarding the work environment and tension created following the safe space poster debate.

“The problem is not only that the safe space poster has not been put up,” the anonymous employee said. “Proudly stating that racism, sexism, homophobia, transphobia, ableism and, in general, any abusive language or actions will not be tolerated at the station should never even have been up for debate.”

Smallwood claims, after the poster debate, tensions grew and the workplace environment became increasingly hostile towards female employees.

Smallwood did not name any particular board executive when outlining her complaint, although she did describe Langiewicz’s leadership as being “paternalistic and sexist.”

Smallwood said the official reason she was let go was because the executive board believed a non-student would be able to commit more hours to the station. Smallwood added she was not informed in-person, and she received no advanced notice or warnings regarding her performance or behaviour.

“I was told I didn’t have to go back to the station after that,” Smallwood said. “I was told that they had everything taken care of, and I was never able to go back after that.”

Smallwood also claims an employee told her she was not fired in-person or given advanced notice because she would have “cried like a baby.” It is a statement Smallwood said she feels exemplifies the sexism she faced in her position. She did not disclose the name of the person who made this comment.

In addition, Smallwood was allegedly presented with a written document by Langiewicz full of “legal jargon” that offered her minimal compensation if she agreed not to discuss being fired.

“This is the first labour complaint in 17 years we are dealing with,” Langiewicz said. “We cannot comment on any details at this point for reasons of confidentiality, except to say that we are seriously disputing the allegations.”

Fo Niemi, the executive director and civil rights defender representing Smallwood said that the purpose of the complaint was not only to correct past actions, but to protect future employees from the same conditions Smallwood faced.

“[CJLO] treated an adult woman like a young, fragile girl, and created a toxic environment for women… this is not only corrective, this is preventative. It’s making sure these things won’t happen to other workers,” Niemi said.

Despite the complaint, Smallwood spoke positively about the majority of the station’s staff, and specified that she is speaking out not to attack the radio station as a whole, but to protect its current and future employees from facing similar circumstances.

“The volunteer community at CJLO is diverse, talented and does amazing work—they deserve better than the board’s toxic and dehumanizing processes, negligence and groupthink … They deserve to know the truth of why certain employees are no longer there,” Smallwood said.

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Task force mandate on the horizon

Agreement and collaboration ensues after CRARR’s mention of lawsuit to ASFA

The Centre for Research-Action on Race Relations (CRARR) issued a press release on Oct. 3 asking the Arts and Science Federation of Associations (ASFA) to revise their current mandate for a student-led task force. If ASFA fails to accommodate the conditions of the settlement, CRARR is permitted to seek legal action from the provincial Superior Court.

The task force is a settlement requirement of the Mei Ling case—in which allegations of sexual and racial discrimination by the former ASFA president and an ASFA executive were made by Mei Ling, a pseudonym for a former Concordia University student and ASFA executive. She filed a complaint with the Quebec Human Rights Commission against ASFA under the pretences of discrimination and harassment in February 2015, with CRARR as her representative.

As the Nov. 19 anniversary of Mei Ling’s settlement approaches, CRARR wants to ensure that ASFA has not forgotten about  the mandate or the need to assemble the task force, said CRARR executive director, Fo Niemi. He said the purpose of the press release is not to threaten ASFA. “We’re right now in October, and if things aren’t done by November, people are starting to then gear up for exams and likely people will wait for January,” said Niemi, adding that the winter semester can go by very fast.

He said CRARR is seeking to have a mechanism in place to ensure no problem is ignored and no one is left behind in cases of discrimination, racism, sexual assault and harassment. “My main concern is the way the task force was set up in May,” said Niemi. “It focused more on … sexual assault. You didn’t see racism as a stand alone issue.”

CRARR’s ultimatum was meant to motivate ASFA to make the necessary adjustments to the original task force mandate. Niemi said the focus of their current mandate focuses mainly on sexual assault, when the agreement talks about racism, sexism, discrimination and sexual violence.

Niemi said on August 30 he met with ASFA’s lawyer Michael Simkin, ASFA general coordinator, Andrea Krasznai, Sarah Oleil, councillor and social events coordinator for the Women’s Studies Student Association and another ASFA executive in the ASFA office and they were very receptive of CRARR’s demands.

However, Niemi referenced an article in The Concordian written on the last task force meeting. He said the meeting covered in the September 2016 article gives the impression that people are not set on or have understood that addressing racism must be part of the task force mandate. Niemi said since May, CRARR has been concerned with the fact that ASFA has not yet altered the mandate to comply with the spirit of the settlement.

Just hours after the Oct. 3 press release was published, Krasznai and Agunik Mamikonyan, community outreach and sustainability coordinator began working on an updated mandate to meet CRARR’s request. On Oct. 7, the revised mandate was sent by ASFA’s lawyer to CRARR for revision.

Mamikonyan said the mandate was re-written to not only provide solid steps on how they would take action, but they included the aspect of general discrimination.

Krasznai said once both the lawyer and the ASFA council approve this new mandate, the implementation process will begin. This includes an assessment of services to be provided for the task force, how ASFA decides who will be involved in the task force.

“Most likely I would assume that council will be more or less okay with the [mandate] because it’s things that were already in progress,” Mamikonyan said.

Niemi said CRARR is using a one-year mark to assess whether progress has been made and whether legal action needs to be taken.

“I don’t think that we will get to the point where they will have to sue us to a higher level or anything, because we’re really trying,” said Mamikonyan. “We think we can find a mutually agreeable solution.”

Approval of the revised mandate will be decided by ASFA council on Wednesday Oct. 12 at 6:30 p.m. in room H-767 of the Hall building on Concordia’s S.G.W. campus.

Graphic by Florence Yee

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