Ontario doctor cleared in transgender discrimination case after making commitments to educate himself

An Ontario doctor was cleared by his college and the appeal board after making commitments to educate himself and his staff following a discrimination complaint from a transgender woman.The ruling from the Health Professionals Appeal and Review Board, which came out on Dec. 9, affirms the decision made by the Inquiries, Complaints and Reports Committee of the College of Physicians and Surgeons of Ontario to take no action against Dr. Esmat Dessouki.In this case, the complainant had been a participant of a clinical trial in February 2022 and according to her account, she was asked to put her birth gender (male) on the intake form. However, when she had gone to use the women’s washroom, she said she sensed a staff member looking at her in a way that made her feel like it was a problem for her to be using the female washroom.The complainant then spoke with Dr. Dessouki, who was a sub-investigator for the trial, and told her that she was transgender. However, the complainant said the doctor informed her that she couldn’t use the women’s washroom because she had put “male” on the intake form.“What do you mean you're transgender?” Dr. Dessouki said, according to the complainant’s account. “You don't use the female washroom, we don't have accommodation."The complainant said she said this interaction felt disrespectful and discriminatory and believes her gender identity was the reason why she was excluded from the study.According to the conclusions of the college’s committee, a nurse had expressed concern to Dr. Dessouki over the complainant using the women’s washroom because she had ticked the “male” box on the intake form. The doctor then spoke to the complainant and said she was making female staff members uncomfortable, and that the facility did not have any gender-neutral washrooms.Dr. Dessouki denied excluding the complainant from the trial and said she was actually found to be a suitable candidate, but she personally made the decision to withdraw herself because of a lack of washroom accommodation. He also maintained that he did not intend to make the complainant feel disrespected or humiliated, but expressed regret that he made her feel that way. The doctor said he was unfamiliar with how to deal with these situations and after the encounter, he said he read up on the Ontario Human Rights Commission’s policy on preventing discrimination based on gender identity and gender expression.“He is sure that should he run into a similar situation in the future, he will conduct himself differently and explain to staff that the subject is entitled to use the washroom of their choice based on their lived identity,” the committee said.The college’s committee noted the challenges that members of the LGBTQ2S+ community face when interacting with the healthcare system and said physicians “need to recognize the power imbalance in the doctor-patient relationship.” However, the committee took no further action and said it was satisfied with Dr. Dessouki reading the Ontario Human Rights Commission’s policies in an attempt to educate himself and his staff.“The committee was satisfied with the respondent’s efforts to educate himself on the issues and areas of concern identified by the applicant and accordingly, decided to take no further action on this complaint,” reads a portion of the decision. “The committee added that it encourages the respondent to continue with educational activities, recognizing that a safe practice involves life-long learning and self-reflectionThe complainant subsequently appealed to the appeals board, which upheld the committee’s decision as “transparent, intelligible and justified.”“The board’s view is that the respondent’s educational efforts, coupled with the committee’s encouragement that he continue these efforts, will guide the respondent in his future practice and thus is in the public interest,” the board wrote.

Ontario doctor cleared in transgender discrimination case after making commitments to educate himself

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