Background

In a series of public livestreams on Instagram Live, a player for the National Basketball Association’s (“NBA”) Chicago Bulls, Jaden Ivey, criticized the NBA’s celebration of Pride Month, claiming that it celebrated “unrighteousness”, amongst other comments.

Shortly following his remarks, the Bulls waived him (released from the team) on March 30, 2026, for conduct detrimental to the organization. The incident quickly elicited commentary about freedom of speech and whether an employer should be allowed to discipline an employee for what they say outside of work.

While the incident unfolded south of the border and in the context of professional sports, the underlying issues are far from foreign to Ontario employers and raises questions regarding the considerations that an employer should be aware of when facing a similar situation.

Legal Considerations Regarding Off‑Duty Conduct in Ontario

While employers in Ontario generally do not have the right to monitor or control employees’ lives outside of work, it is well established that off‑duty conduct may still result in discipline where it negatively affects the employer’s business.

The Ontario Court of Appeal’s decision in Metrolinx v Amalgamated Transit Union, Local 1587, confirmed that an employee’s off-duty, online conduct can be justification for dismissal when five employees were found to have made sexist comments in a private group chat about female coworkers that came to the employer’s attention.

Based on the circumstances identified in Re Millhaven Fibres Ltd. and OCAW, Local 9-670, employers may be justified in disciplining an employee for off-duty conduct, including where an employee’s conduct:

• harms the employer’s reputation or product;
• renders the employee unable to perform their duties satisfactorily;
• leads other employees to refuse or be reluctant to work with them;
• constitutes a serious violation of the Criminal Code, resulting in injury to the general reputation of the employer and its employees; and
• makes it difficult for the employer to manage its work and effectively direct its workforce.

Applying these concepts to the comments made by Jaden Ivey, the nexus between his comments and potential workplace concerns are easy to identify. The comments were made publicly on social media and widely circulated, a fact amplified by Ivey’s public profile as a professional basketball player. Given that visibility and the nature of the comments, his comments could reasonably be seen to cause reputational harm to the NBA and cause other employees to feel uncomfortable or reluctant to work with an individual openly expressing anti-LGBTQ+ sentiments.

Freedom of Expression Is Not Freedom From Consequence

While freedom of speech in Canada does not exist as a standalone constitutional right, the Charter of Rights and Freedoms does include the freedom of expression, which encapsulates the ability for individuals to express their opinions freely. However, the scope and operation of that protection are often misunderstood, particularly in the employment context.

Freedom of expression protects individuals from government interference with their expression. It does not create an unfettered right for individuals to say anything without consequence. Most importantly, freedom of expression does not apply to an individual’s private employment relationships with their employer. As a result, employees cannot rely on freedom of expression to shield themselves from workplace discipline or other employment consequences imposed by a private employer.

In imposing discipline, employers must still assess whether any corrective action is reasonable and proportionate in the circumstances. Employers should be able to clearly connect their decision to a breach of established workplace standards or policies governing employee conduct.

Additional Employer Statutory Obligations

Ontario employers should also be aware that they have statutory obligations to maintain workplaces that are free from harassment and discrimination. Under the Ontario Occupational Health and Safety Act, employers must take reasonable steps to prevent workplace harassment where conduct creates a risk to employee safety. The Ontario Human Rights Code similarly requires employers to provide a work environment free from discrimination and harassment, including on the basis of sexual orientation.

These obligations are not limited to conduct that occurs during work hours or on workplace systems. Where off‑duty conduct such as social media activity has a real impact on the work environment, it may engage an employer’s legal responsibilities to investigate or take other steps to maintain a respectful work environment free from harassment or discrimination. 

Key Takeaways For Employers

The recent public attention surrounding the Jaden Ivey incident underscores a broader and increasingly familiar issue for employers: the risks arising from employees’ off‑duty social media conduct. Employers seeking to manage these risks effectively would be well advised to ensure they are adopting the following strategies:

• Set Clear Standards Through Policies: Ensure workplace policies are in place to address harassment, discrimination and social media use. The policies should also clearly address expectations around permissible workplace conduct and acknowledge that off‑duty or public conduct may have potential workplace consequences. Clear policies provide both guidance to employees and a framework for managing these situations when they arise.
• Clarify Behavioural Expectations: Employers should regularly communicate the standards that are set out in policies to employees and outline expectations around appropriate off-duty conduct, particularly with respect to conduct that could affect the employer’s reputation. Communicating the standards ensures that employees are made aware of company expectations, and understand the potential consequences for contravening these standards.
• Be Mindful of Statutory Obligations:
  Employers should remain aware that there are statutory duties which impose positive duties to maintain workplaces free from harassment and discrimination. Where public or off‑duty conduct has a real impact on the work environment, those statutory obligations may be engaged, regardless of whether a formal complaint has been made.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.