Saskatoon judge orders human rights commission hear Starbucks language complaint

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A Saskatoon Court of King’s Bench judge is ordering the Saskatchewan Human Rights Commission to reconsider a complaint brought by a woman who says she was denied service in her preferred language at the Royal University Hospital Starbucks.

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Vanessa Casila filed a complaint with the SHRC after a Starbucks employee told her that staff were only permitted to serve customers in English, as per Saskatchewan Health Authority (SHA) policy.

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Casila, who is originally from the Philippines, had tried to place an order in Tagalog, which is her first language. According to the decision, “a number of employees at the RUH Starbucks are also Tagalog-speaking Filipinos.”

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In a decision handed down last month, Justice Shawn Smith quashed the commission’s original dismissal and ordered the complaint be reconsidered.

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The commission dismissed Casila’s complaint without investigation or a hearing. In its decision, the SHRC said Casila didn’t provide sufficient evidence showing she was discriminated against on grounds prohibited by law.

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The commission argued the Saskatchewan Human Rights Code does not provide language rights protections in regards to “transactional means of communication.”

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Casila claimed she was told the SHA, which operates the RUH Starbucks, required transactions take place in English. A worker told Casila they could be reprimanded by management if they didn’t follow the policy.

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The SHA policy was not outlined in Smith’s decision.

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“While SHA has now provided me with the relevant portions of its policy, I do not see how I can consider it. The policy was not before the Commission – it chose not to investigate Ms. Casila’s complaint,” he wrote.

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“In sum, according to Ms. Casila, the policy prohibits employees from communicating with each other or the public in any language other than English or French, without exception.”

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The complaint

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Casila’s complaint alleges the policy is a form of discrimination specifically against Filipinos, as they constitute a large amount of the workforce at the RUH Starbucks.

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“She also contended that, in characterizing non-English languages as disrespectful, the policy implicitly labelled Tagalog speakers, i.e., Filipino customers, as rude,” the decision noted.

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“Ms. Casila also alleged that the policy was based in part on customer complaints about having to hear Starbucks employees speak non-English languages.”

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As evidence, she provided an email from December 2022, sent to the SHA from a member of the public, which asked for an English-only policy for its Starbucks employees. In his court decision, Smith said the email contained “uncouth” and “intolerant” commentary.

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SHA language policy

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In an emailed statement, the SHA said in order to provide safe, equitable and consistent care, it has clear, evidence-based policies governing interactions between patients and providers.