Jewish employee files psychological harassment and wrongful termination lawsuit against Lightspeed Commerce

The Lawfare Project announced today that it is supporting Amanda Rafael, a Jewish former employee of Lightspeed Commerce Inc., in her psychological harassment and wrongful termination lawsuit filed with Québec's Administrative Labour Tribunal (TAT). Lightspeed is a publicly traded software company with offices across North America, Europe, and Asia-Pacific.

The proceeding follows an investigation by Québec's labor standards authority, CNESST, which concluded that the statutory criteria for psychological harassment were met, accepted Ms. Rafael's depression as a compensable workplace injury, and rejected the employer's request for review. Ms. Rafael is represented by Michael Hollander, Partner at Choueke Hollander LLP in Montréal.

Ms. Rafael alleges that following the October 7 attacks on Israel, she was immediately subjected to sustained anti-Jewish hostility by colleagues and that Lightspeed failed to take adequate steps to protect her or enable a safe return to work. Among other things, she alleges that coworkers referred to her as a "f*cking Zionist"; that colleagues circulated social media posts referencing "kill all Zionists" and a meme depicting Hitler stating "Jews are not people; they are animals"; that she was directed to remove an Israeli flag from her Slack profile—which she had displayed in solidarity with Jewish colleagues after October 7—while colleagues displaying Palestinian flags were not asked to do the same; and that, when she raised concerns about her safety in the office, her manager told her to "imagine how the Palestinians feel." She further alleges that the same manager told her that colleagues felt unsafe or uncomfortable in her presence, while nonetheless requiring Ms. Rafael to continue working from the office.

Ms. Rafael further alleges that, while on medically required sick leave, she requested a transfer away from the colleagues involved so that she could return to work safely, but that request was denied. She also alleges that, during this period, colleagues told clients and coworkers that she was no longer employed at Lightspeed, and that when she later sought clarity from management regarding her employment status, she received dismissive responses rather than meaningful support.

Under Article 2087 of the Civil Code of Québec, an employer must take measures consistent with the nature of the work to protect the health, safety, and dignity of the employee. Ms. Rafael's allegations raise serious questions as to whether Lightspeed met those obligations. Given the company's international footprint, the matter also raises broader concerns about how Jewish employees are treated in the workplace.

The matter is currently awaiting a date for a hearing on the merits.

"What Amanda alleges is not ordinary workplace friction or a mere political disagreement. It is targeted discrimination against a Jewish employee, coupled with an alleged failure by the employer to protect her dignity and safety," said Benjamin Ryberg, an attorney and Chief Operating Officer of The Lawfare Project. "Lightspeed is a global public company. Amanda's experience raises serious questions not only about what occurred in one office, but about the company's practices more broadly."

"What happened to me affected my health, my livelihood, and my sense of security," said Amanda Rafael. "I am pursuing this case because no one should be subjected to this kind of treatment at work for being Jewish. I also hope it helps deter similar conduct against other Jewish employees."

"This matter is now properly before the TAT," said Michael Hollander, Partner at Choueke Hollander LLP. "Our client’s allegations are serious, and we intend to present the evidence and pursue the remedies available to her under Quebec law."