A law firm specializing in workplace human rights, harassment investigations and diversity training is being sued by a former lawyer at the firm who alleges she was bullied out of her job through racism and failure to accommodate a medical crisis.
Lavinia Latham, 37, is a Brampton lawyer and a Black woman who started work in November 2023 as an associate lawyer at Bernardi Human Resource Law LLP, a Mississauga-based firm providing legal and human resource services.
“Over the next year, (Latham) suffered in an extremely toxic work environment where she experienced anti-Black racism and flagrant failures to accommodate her medical issues, including a life-threatening miscarriage, blood transfusion, and IVF procedures,” according to her statement of claim filed in court. Latham’s employment at the firm ended in December 2024.
Lauren Bernardi, managing partner and owner of Bernardi Human Resource Law LLP, said the firm would be defending against the lawsuit but declined to provide National Post an itemized response to each allegation, citing it is a matter before the court.
“We do intend to file a vigorous defence to all the allegations and any further comments will be made directly to the court,” Bernardi said.
Kathryn Marshall, who represents Latham, said the claim is rare but important, especially for the legal community.
“We don’t really see a lot of litigation by lawyers suing their law firm, but as we know there is a lot of abuse. It takes a lot of bravery to do this.
“We need to improve the legal industry, especially with firms that are advising clients on human rights law and the importance of having healthy, safe work environments. If those firms aren’t practicing what they preach it is a huge problem.”
Latham’s statement of claim says she was a high performer who received accolades after she was recruited to the firm from a job as an equity and human rights advisor with the Toronto Catholic District School Board.
Her base pay was $141,000.
According to her claim, she informed the law firm of her in vitro fertilization (IVF) treatments to assist with becoming pregnant and received verbal support and promises of accommodation from Bernardi.
“However, once Lavinia signed her employment contract and indicated her start date, the accommodation and respect disappeared,” her claim alleges.
She pins “most, if not all,” of the alleged mistreatment on two women at the firm: Bernardi, and the company’s “Chief Talent Officer,” Lisa Watson.
Bernardi “continuously spoke poorly of prominent, racialized lawyers and former employees,” Latham’s claim alleges. Latham was forced to make coffee and was treated like “the Help,” she claims. Watson “enjoyed questioning Lavinia about the validity of Black women’s hairstyles and choices,” her claim alleges.
“In July 2024, Lavinia suffered a miscarriage that almost took her life, and she needed a week and a half to recover from her emergency surgery, including a blood transfusion, before returning to work. The same week that Lavinia returned, Lisa began haranguing Lavinia about her billable hours without any concern or consideration of her medical circumstances,” the claim says.
Latham claims she was also told allowable sick leave for the next year would not be pre-approved because of the time she took off after her miscarriage; financial promises also went unfilled, including inclusion in the firm’s profit share bonus program.
Latham then quit, calling it a constructive dismissal and a decision necessary “for the sake of protecting her health and well-being,” her claim says. “The trust required in the employment relationship had deteriorated beyond repair.” When she gave a four-week notice, she claims clients and staff were falsely told she was fired and was walked out of the office.
Latham claims damages for wrongful dismissal and human rights violations, saying her termination was due, at least in part, to her medical disability, sex and race.
She seeks damages of $155,100 for lost wages and benefits and $750,000 for alleged breaches of the Ontario Human Rights Code, breach of contractual duty, moral damages, and punitive damages.
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