Overview

Resolving Disputes

Settlement Examples

SETTLEMENT EXAMPLES FOR 2003

The settlement summaries are organized under the prohibited grounds of discrimination in the Canadian Human Rights Act.  Each summary indicates whether the complaint deals with an employment situation or arose in the provision of service.

It should be noted that the allegations in the summaries have not been substantiated. Settlements are entered into by the parties without prejudice, and without any admission of liability or wrongdoing.

Grounds of Discrimination

Disability
Race - color - national or ethnic origin
Sex
Marital status - Family Status
Age

Disability

Area:  Employment 
Area:  Delivery of services

Employment

Ground(s):  Disability
Area:  Employment 
Allegation:  
The complainant alleged that the respondent failed to accommodate her disability (transverse myelitis). Her duties required prolonged standing, which increased her fatigue. She made numerous requests for accommodation but her requests were denied.
Settlement: 
Accommodation by provision of alternate duties.
Credit for sick time.
Withdrawal of related grievances.

Ground(s): Disability
Area:  Employment
Allegation: 
The complainant alleged that his supervisor made fun of his disability and made demeaning comments. He said that his supervisor did not want him on his team and excluded him from certain activities because of his disability. The complainant alleged that he was passed over for a staffing opportunity, that his performance was not evaluated properly and that he was not adequately paid.
Settlement: 
Union/management training.
Reinstatement of sick leave credits and annual credits.
Reimbursement of expenses related to professional and medical services.
Financial compensation for lost health benefits.
Financial compensation for pain and suffering.
Withdrawal of grievances.

Ground(s): Disability
Area:  Employment
Allegation: 
The complainant claimed he was subjected to differential treatment by his employer because it perceived him to be alcohol and drug dependent. The respondent had an alcohol and drug testing policy that permitted random drug testing. The complainant tested positive for drugs and was suspended by the respondent, but was reinstated when he tested negative on a subsequent test. However, the complainant was not allowed to work for one of the respondent’s clients. This restriction, he believed, might negatively influence his income.
Settlement: 
Financial compensation for lost wages.
Modifications of the respondent’s alcohol and drug testing policy to reflect the Canadian Human Rights Commission’s policy.

Ground(s):  Disability
Area:  Employment 
Allegation:  
The complainant began to suffer from depression after being assigned to a new supervisor. His performance deteriorated as a result, and his employment was eventually terminated. His employer knew of his depression and failed to accommodate him as an alternative to termination.
Settlement: 
Letter of apology.
Review of dispute resolution procedures.
Annotation of personnel file with an explanatory memo.

Ground(s): Disability
Area:  Employment
Allegation:  
The complainant has a disability and requires special equipment to perform her work. The complainant alleged that she did not receive this equipment and that her employment was terminated.
Settlement: 
Letter of regret.
Commitment to designate a person to help employees with disabilities obtain proper accommodation.
Financial compensation for pain and suffering.

Ground(s): Disability
Area:  Employment
Allegation:  
The complainant alleged that the respondent had a policy that banned all individuals with schizophrenia from safety critical positions. He alleged that his seniority was not recognized in his accommodated position and that he was “bumped” from his position by an employee with less seniority. The employer then offered him another position at a lower salary in another city.
Settlement:  
Accommodation in the complainant’s city.
Return to work schedule.
Advancement of vacation days.
Financial compensation for pain and suffering.
Implementation of communication and feedback mechanisms for future concerns.
 
Ground(s): Disability
Area:  Employment
Allegation: 
The complainant alleged that, upon her return to work, she was criticized for the sick leave she had taken. She was presented with a new job description and placed in a stressful work environment. She felt that her employer was setting her up for failure. Consequently, she had to go back on sick leave. During her absence, the respondent advertised a position identical to hers. Upon her return to work, she was placed in a new position in which there was insufficient work, and her employment was later terminated. The person hired while the complainant was on sick leave was not affected.
Settlement: 
Financial compensation in lieu of notice of termination.
Financial compensation for retraining costs.
Letter of reference.
Reimbursement of legal fees.
 
Ground(s):  Disability
Area:  Employment
Allegation:  
The complainant suffered from back problems stemming from a car accident. He alleged that his employment was terminated because of absences related to his back problems.  
Settlement:  
Financial compensation for pain and suffering.
Outplacement services to help the complainant secure alternate employment.
Consideration for future employment after qualification upgrading.

Ground(s): Disability
Area:  Employment
Allegation:  
The complainant alleged that he received a layoff notice because he had medical restrictions and was performing light duties. He alleged that he and others with medical restrictions were laid off while less senior employees with no restrictions were not.
Settlement: 
Immediate reinstatement.
Clarification of duties and work to be done by the complainant consistent with his medical restrictions.

Ground(s):  Disability
Area:  Employment 
Allegation:  
The complainant, who is deaf, alleged that she had not received a pay increase or career advancement for several years. She alleged that her performance reviews and those of other deaf employees were consistently poor compared to performance reviews of hearing employees. She alleged that this discrepancy was caused by unclear communication during evaluations, due to a lack of accommodation. Additionally, she complained that deaf employees were not full participants in workplace communications because communication was often done through word of mouth, or through methods that are difficult for the deaf to understand.
Settlement: 
Sensitivity training for employees.
Job advancement opportunities.
Accommodation to facilitate current and future communication between parties.
Commitment to enhance communication methods.
Continuing commitment to diversity.

Ground(s):  Disability
Area:  Employment
Allegation:  
The complainant was injured by a heavy object that was thrown at him during the course of his duties. Subsequently, the complainant suffered from post-traumatic stress disorder that interfered with the completion of his duties. The respondent resisted accommodating the employee on the basis of medical information.
Settlement: 
Financial compensation for moving expenses.
Referral to disability priority entitlement or graduated return to work based on a fitness-to-work evaluation.
Accommodation and harassment training for all managers.
Submission of anti-harassment policy to CHRC for comment.
Reinstatement of 25 days of sick leave credits.
   
Ground(s): Disability
Area:   Employment
Allegation:   
The complainant was on disability leave when she was advised that her employment had been terminated due to organizational changes. The complainant alleged that someone took over her position and that that person subsequently hired another person to do similar work.
Settlement:  
Withdrawal of a related complaint.
Financial compensation as severance pay.
Reimbursement of medical expenses.
Financial compensation for general damages.

Ground(s):  Disability
Area:   Employment 
Allegation:  
The complainant requested a specific type of lighting at the work site and alleged that the respondent did not accommodate her request. She failed two tests for promotion as a result.
Settlement:
Transfer of the complainant to a different job, as requested.
Opportunity to retake the two tests.

Ground(s): Disability 
Area:  Employment
Allegation:  
The complainant alleged that he experienced differential treatment and his employment was terminated because of his past dependence on alcohol.
Settlement: 
Reimbursement of legal fees.

Ground(s):  Disability
Area:  Employment
Allegation:  
The complainant went on disability leave because of illness and rashes that developed whenever she entered the workplace. She alleged that she asked for retraining for another position with the respondent but nothing was offered. She was told to return to her former position or resign.
Settlement: 
Financial compensation for pain and suffering.
Financial compensation in lieu of severance pay and retraining benefits.

Ground(s): Disability
Area:  Employment 
Allegation:  
The complainant injured her back and was off work. Upon her return to work, she alleged that she was not provided an ergonomic workstation and that her injury was not fully accommodated. Subsequently, she was informed that her position had become redundant and that her employment had been terminated for business reasons.
Settlement:  
Severance package.
Financial compensation for pain and suffering.

Ground(s): Disability
Area:  Employment
Allegation:  
The complainant alleged that he was denied employment because he failed a language proficiency test. He alleged that the testing did not take his dyslexia into account.
Settlement:  
Consultation between the respondent and the complainant’s psychologist to establish an appropriate test to determine the complainant’s language proficiency.
Opportunity to take the test three times.

Ground(s): Disability
Area:  Employment
Allegation:  
The complainant alleged that she was offered a position with the respondent through a temporary employment agency. An interpreter was to be provided to assist in her training. However, the interpreter was unavailable on the day of her training. The complainant alleged that the respondent later advised her that it had decided not to employ her because it was unable to provide one-on-one training.
Settlement: 
Financial compensation for loss of assignment.
Financial compensation for pain and suffering.
Withdrawal of a related complaint with the provincial human rights commission.
Future offers of temporary employment.

Ground(s):  Disability
Area:  Employment
Allegation:  
The complainant worked for the respondent in many capacities for 18 years. She alleged that the respondent failed to accommodate her disability and that some of her co-workers harassed her, causing a relapse in her medical condition.
Settlement:  
Financial arrangements to assist the complainant as she seeks treatment for her disability.
Agreement to terminate the employment relationship.
Financial compensation for pain and suffering.
Letter of apology.
      
Ground(s):  Disability
Area:  Employment  
Allegation:  
The complainant began training as a driver with the respondent. During his training period, he suffered an exacerbation of his condition (spinal stenosis) and left work early to seek medical attention. When he contacted his employer to report that he needed to take time off, he was told that he could not return, as he had abandoned his position by leaving early. The complainant believed that his employment was terminated so that the respondent would not need to accommodate his back problems. 
Settlement: 
Financial compensation for pain and suffering.
Commitment to review communication procedures with medical assessors, employees and applicants.

Ground(s):  Disability   
Area:  Employment
Allegation:  
The complainant alleged that the respondent failed to give him work after his heart bypass operation and a medical incident he experienced while driving. He alleged that he was forced to quit and find gainful employment elsewhere.
Settlement: 
Financial compensation for pain and suffering.

Ground(s):  Disability
Area:  Employment
Allegation:  
The complainant alleged that he was appointed on a temporary basis to a more responsible position, with a decision on his permanence to be made after six months. Three months later, he was informed he was being transferred to his previous position because he was asking too many questions and not learning fast enough. The complainant attributes his difficulties to a change in supervisory personnel, to his hearing impairment and to the fact that he has attention deficit disorder. He asked his co-workers and supervisors to accommodate him by speaking more loudly, but they did not comply.
Settlement: 
Financial compensation for pain and suffering.
Letter of regret.
Review of the general terms of the grievance process.
Commitment to undertake general discussions with the union regarding human rights complaints.
Removal of a document from the complainant’s personnel records.
Provision of contact information and an invitation to join an advisory group for persons with disabilities.

Ground(s):  Disability
Area:  Employment 
Allegation:  
The complainant alleged that she was discriminated against because she took time off work due to depression. A letter was placed in her personnel file recommending her dismissal. After an absence from work, the complainant returned to a hostile supervisor and work environment, and was not accommodated.
Settlement:  
Removal of certain documents from the complainant’s employment files.
Permission to share a portion of the settlement details with co-workers to allow healing.
Withdrawal of related work grievances.
Opportunity for a mediation session between the complainant and her supervisor.
Team-building sessions with co-workers.

Ground(s): Disability 
Area:  Employment 
Allegation:  
The complainant was employed as a full-time casual cleaner. She alleged that, following a back injury, she was unable to work for several months. When she was fit to return to work, she tried to contact her managers to make arrangements; however, her phone calls were not returned. She subsequently learned that her name had been removed from the list of cleaning staff and that another person had been offered her position.
Settlement:
Reinstatement of the complainant to her position.

Ground(s):  Disability
Area:  Employment
Allegation:  
The complainant alleged that the respondent failed to accommodate his disability (degenerative disc disease) by failing to provide full-time permanent employment. After being deemed unfit to work, the complainant was required to use his sick leave and to apply for disability benefits and retraining. He was forced to relocate and to incur other expenses as a result of his employer’s failure to provide accommodation.
Settlement: 
Full-time permanent employment that accommodates the complainant’s disability.
Financial compensation for pain and suffering.
Reimbursement of expenses incurred.
Letter of regret.

Ground(s):  Disability
Area:  Employment 
Allegation:  
The complainant alleged that his term of employment was terminated because he is an amputee with serious heart problems, and because he was undergoing cancer treatment.
Settlement: 
Reinstatement of the complainant to his position.
Financial compensation for pain and suffering.
Consideration of the two-month gap in employment as “leave without pay” to prevent break in employment.
Letter of regret.

Ground(s): Disability
Area:  Employment  
Allegation:  
The complainant has Tourette’s syndrome and a learning disability. When he was hired as a bus driver, he was required to participate in a training program. Although he believes he performed well during the training sessions, the respondent terminated his employment. One of the reasons provided for termination was that the complainant lacked confidence.
Settlement: 
Financial compensation for general damages.
 
Ground(s): Disability and sex
Area:  Employment
Allegation:  
The complainant alleged that during her employment she was sexually harassed by several co-workers, which resulted in her becoming depressed. When she complained about the harassment, the respondent did not take appropriate action and subsequently terminated her employment.
Settlement: 
Financial compensation for pain and suffering.

Ground(s): Disability and colour
Area:  Employment 
Allegation:  
The complainant alleged that he experienced difficulties with some of his co-workers. He complained to his supervisor, but nothing was done. Instead, the supervisor asked the complainant to apologize to his co-workers. The complainant’s employment was subsequently terminated.  
Settlement: 
Financial compensation for pain and suffering.

Ground(s): Disability, colour and age 
Area:  Employment   
Allegation:  
The complainant alleged that approximately one year after she began employment with the respondent, she began experiencing difficulties with one of her co-workers, whom the complainant believes holds negative views about Black people. She complained to her manager about the co-worker, but the manager chose to believe the co-worker’s version of events. In addition, at a meeting with some of her managers, she was told that she had an “attitude towards management” and that her co-workers did not want to work with her. Following this meeting, the complainant became depressed and had to go on disability leave.
Settlement: 
Financial compensation for general damages.
Letter of reference.
Removal of certain documents from the complainant’s personnel file.
Permission to remain on disability leave until her doctor states she is ready to return to work or until her benefits expire.

Ground(s): Disability
Area:  Employment  
Allegation: 
A customer said that he smelled alcohol on the complainant’s breath. The supervisor and manager demanded that the complainant take a Breathalyzer test. The complainant contends that the alcohol reading registered on the Breathalyzer was from the night before. However, because of a “zero tolerance” policy, the complainant’s employment was terminated. The complainant alleged that the company knew that he had a disability, and that accommodation was not properly explored or offered.
Settlement: 
Financial compensation for pain and suffering.
Development of a drug and alcohol policy for review by the Canadian Human Rights Commission.
Agreement to provide employment references.

Ground(s):  Disability
Area:  Employment 
Allegation:  
The complainant alleged that she was denied a position as a receptionist, for which she was qualified, because she had lost her right arm in a work-related accident.
Settlement:  
Letter of regret.
Opportunity to fill the next available temporary position for which she is qualified.
Consideration for future permanent positions for which she is qualified.
Financial compensation for pain and suffering.

Ground(s): Disability
Area:  Employment 
Allegation:  
The complainant alleges that the respondent did not accommodate her severe allergy, forcing her to resign. The complainant eventually found other employment.
Settlement: 
Financial compensation for pain and suffering.
Provision of accommodation training to managers.
   
Ground(s):  Disability
Area:   Employment   
Allegation:  
The complainant alleges that, when he returned from sick leave, some of his colleagues made offensive comments about him and his supervisor had mistreated him because of his illness.
Settlement: 
Financial compensation for pain and suffering.
Letter of regret.
Mediation between the complainant and his supervisor.
 
Ground(s):  Disability
Area:   Employment
Allegation:  
The complainant alleges that she did not have the opportunity to obtain a sought-after position because the respondent judged her to be incapable of performing due to her disability. The complainant alleges that this was not a proper assessment.  
Settlement: 
Letter of regret.
Protection of employment during training.
Promise of employment upon successful completion of training.

Ground(s):  Disability
Area:   Employment    
Allegation:  
The complainant alleges that, when she returned from sick leave, she was not properly accommodated to allow her to reintegrate into the workplace successfully. This caused a relapse, forcing the complainant to take unpaid leave, sick leave nd vacation leave.
Settlement: 
Letter of regret.
Reinstatement of sick leave and vacation leave credits.
ormalizing of reporting relationship
Update of training plan.
Amendment of employee’s file.
Financial compensation for lost wages.
Financial compensation for pain and suffering.

Ground(s):  Disability and sex
Area:  Employment
Allegation:  
The complainant alleged that his employer dismissed him because he is a man and because he has multiple sclerosis.
Settlement: 
Financial compensation for general damages.
Letter of reference.
Letter of regret.

Ground(s):  Disability
Area:   Employment 
Allegation:  
The complainant was dismissed on suspicion of fraud. Her employer made her take a lie detector test, which she failed. However, the complainant submits that she failed the test because of a disability.
Settlement:  
Compensation for pain and suffering.
Severance pay.

Ground(s):  Disability
Area:   Employment   
Allegation:  
The complainant had a work-related accident and had to be absent for an extended period of time. The respondent terminated the complainant’s employment because of his extended absence.
Settlement: 
Reintegration into the workplace.
Reinstatement of years of continuous service.
  
Ground(s): Disability
Area:   Employment
Allegation:  
The complainant had to take extended sick leave due to tennis elbow. A few months after she returned to work, her employer informed her that there were no positions available that would accommodate her functional limitations. The complainant applied for various full-time positions on many occasions, but was always told that her functional limitations prevented her from occupying these positions or that she did not have the necessary seniority.
Settlement: 
Assignment of the complainant to a full-time position accommodating her functional limitations.
Financial compensation for pain and suffering.
  
Ground(s): Disability
Area:   Employment   
Allegation: 
The complainant, who is colour blind, alleged that he was excluded from a selection process because he did not meet the colour vision standards. He alleged that the standards did not measure his ability to meet the functional requirements of the position and that the respondent should have made him take a practical test to determine whether he could perform the duties of the position in question.
Settlement: 
Financial compensation for pain and suffering.
Undertaking by the respondent to review the policy by consulting with various parties involved, including the Commission Policy Branch.
 
Ground(s):  Disability
Area:   Employment
Allegation:  
While she was away from work because of depression and while her employer was looking for an appropriate way to accommodate her for her gradual return, the complainant found out she was pregnant. The complainant alleges that, after being informed of this, her employer did not want to reintegrate her into the workplace prior to delivery and that the employer did not then reintegrate her into her position within a reasonable timeframe.
Settlement:   
Allocation of special leave.
Financial compensation for pain and suffering.
Reimbursement of tuition fees.

Ground(s): Disability
Area:   Employment
Allegation:   
The complainant alleges that he was dismissed following a drug test, without an offer of accommodation.
Settlement:  
Changes to the drug test policy.
Complainant referred to a drug treatment centre, paid for by the respondent.
Complainant to be rehired if he is successfully treated.

Ground(s):  Disability
Area:   Employment
Allegation:  
The complainant developed a disability related to the physical work environment. She believes that her employer, by not complying with her doctor’s recommendations as to the required accommodation, did not take her disability seriously .
Settlement: 
Reinstatement of sick leave credits.
Financial compensation for pain and suffering.
Information sharing to improve understanding of the complainant’s disability.

Delivery of services

Ground(s):  Disability
Area:   Delivery of services
Allegation:  
The complainant states that she requested specific seating arrangements on a plane because of her fused knee. She alleged that the respondent denied the request and that she had to make arrangements with another service provider at a higher cost.
Settlement: 
Expression of regret.
Review of procedures for gathering information needed for accommodation.
Provision to the complainant of a copy of the recommendation to clarify accommodation policies.
Provision of sensitivity training for staff.
Provision of a voucher for services in kind as compensation for pain and suffering.

Ground(s):  Disability
Area:   Delivery of services
Allegation:  
The complainant, who is deaf, has been a customer of the respondent for 15 years. He alleged that the respondent`s TTY services were not accessible during the same hours as telephone services for hearing customers. He alleged that the TTY was not printed on many of the respondent’s forms, statements and other documents.
Settlement: 
Expansion of the respondent’s services to accommodate deaf and hard of hearing individuals.
Apology to the complainant.
Donation to the Society for the Deaf and Hard of Hearing.
Financial compensation for personal expenses.

Ground(s):  Disability
Area:   Delivery of services
Allegation:  
The complainant alleged that the respondent applied eligibility criteria for a benefit in a manner that failed to recognize the severity of his disability. As a result, he was denied the benefit.
Settlement:
Granting of eligibility with new information provided.

Race, Colour, and National or Ethnic Origin

Area:  Employment 
Area:  Delivery of services

Employment

Ground(s): National or ethnic origin
Area:   Employment
Allegation: 
The complainant claimed that while participating in a training program, he was the victim of racial comments. He went to his supervisor to report the comments and was informed that his employment would be terminated at the end of the training period.
Settlement: 
Financial compensation for lost wages.

Ground(s): National or ethnic origin, and age
Area:   Employment 
Allegation: 
The complainant worked as a trainer. She claimed that she was harassed by trainees employed by the respondent. They made comments related to her age and inappropriate comments related to her province of birth.
Settlement: 
Financial compensation for pain and suffering.
Letter of regret.

Ground(s): Race, colour, and national or ethnic origin
Area:   Employment 
Allegation:  
Two Black employees in a common-law relationship had their employment terminated on the same day for improper behaviour. They alleged that other employees behaved in the same way but were not disciplined.
Settlement: 
Financial compensation for pain and suffering.
Financial compensation for lost wages.
Reimbursement of legal fees.
Withdrawal of civil suit and complaint under the Canada Labour Code.

Ground(s):  Race
Area:   Employment 
Allegation:  
The complainant alleged that he was shouted at and called derogatory names by co-workers. He complained to his managers but believed that nothing was done to address the situation.
Settlement: 
Financial compensation for pain and suffering.
Provision of training to the complainant to help him understand the organization’s new harassment and racism policies. 
Development of a joint case study for use in delivering anti-harassment training within the organization.

Ground(s):  National or ethnic origin
Area:   Employment  
Allegation:  
The complainant alleged that other employees with less seniority were referred to jobs before he was. He believed the employer and union did this deliberately because of his national or ethnic origin.
Settlement: 
Withdrawal of the complaint after the parties had the opportunity to discuss the matter in mediation.

Ground(s): Race, and national or ethnic origin 
Area:   Employment 
Allegation:  
The complainant, who is of Pakistani national origin, alleged that he was denied the opportunity to work with colleagues, was not interviewed for a position for which he was qualified and was subjected to derogatory comments about his appearance. He states that his employment was terminated even though his work performance was excellent.
Settlement: 
Financial compensation for general damages.

Ground(s):  Race, and national or ethnic origin
Area:   Employment  
Allegation:  
The complainant had worked at the same company for about 10 years without incident. She alleged that when she was promoted and relocated, the manager in the new location harassed her by mimicking her speech, sometimes in front of colleagues.
Settlement: 
Expression of regret.
Corrective action taken against the manager.
Lateral transfer to a different location.
Financial compensation for pain and suffering.
Financial compensation for lost wages.
Letter of apology.

Ground(s): National or ethnic origin 
Area:   Employment  
Allegation:  
The complainant alleged that during his employment, he was harassed by co-workers because of his Venezuelan ethnic origin. He alleged that his employer failed to provide him with a work environment that was free of harassment.
Settlement: 
Financial compensation for general damages.

Ground(s): Race, colour, and national or ethnic origin
Area:   Employment 
Allegation:  
The complainant alleged that a disgruntled customer used a distasteful tone and made racial slurs. She alleged that the respondent asked her to deal with the situation by hiding whenever the customer entered her area. Her employment was subsequently terminated for poor performance.
Settlement: 
Letter of reference.
Financial compensation for general damages.
Financial compensation for pain and suffering.
Reimbursement of legal fees.
Assistance with job search.
   
Ground(s): National or ethnic origin
Area:   Employment   
Allegation:  
The complainant alleged that he was treated differently than his colleagues by his supervisor, and that a colleague made jokes and unwelcome comments about his nationality. He attempted to apply for other positions at the end of his contract, but his supervisor refused to comment on his performance on internal applications.
Settlement:  
Letter of reference.
Financial contribution for career counselling to help the complainant secure employment.

Ground(s):  National or ethnic origin
Area:   Employment 
Allegation:  
The complainant alleged that he was asked an inappropriate question about his ethnic background during a job interview. The complainant was not the successful candidate.
Settlement: 
Withdrawal of complainant after the parties had the opportunity to discuss the matter in mediation.

Ground(s): Race, national or ethnic origin, and age
Area:   Employment 
Allegation: 
The complainant alleged that he was the most experienced employee in his section, but that he was passed over for acting assignments and removed from his main portfolio. This resulted in several months at work when he had little to do.
Settlement: 
Financial compensation for lost wages.
Financial compensation for general damages. 
Financial compensation for expenses.
Letter of regret.
Agreement that the complainant will retire.

Ground(s): Colour and disability
Area:   Employment 
Allegation:  
The complainant alleged that he experienced difficulties with some of his co-workers of a different ethnic background. He complained to his supervisor, but nothing was done. Instead, the supervisor asked the complainant to apologize to his co-workers. The complainant’s employment was subsequently terminated.
Settlement: 
Financial compensation for pain and suffering.

Ground(s): Colour, age and disability 
Area:   Employment
Allegation:  
The complainant alleged that approximately one year after she began employment with the respondent, she began experiencing difficulties with one of her co-workers, whom the complainant believes holds negative views about Black people. She complained to her manager about the co-worker, but the manager chose to believe the co-worker’s version of events. In addition, at a meeting with some of her managers, she was told that she had an “attitude towards management” and that her co-workers did not want to work with her. Following this meeting, the complainant became depressed and had to go on disability leave.
Settlement: 
Financial compensation for general damages.
Letter of reference.
Removal of certain documents from the complainant’s personnel file.
Permission to remain on disability leave until her doctor states she is ready to return to work or until her benefits expire.

Ground(s): Race, national or ethnic origin
Area:   Employment 
Allegation:  
The complainant alleged that her supervisor was critical of her English-language skills and incited a co-worker to comment negatively on her communication skills. She alleged that she was treated differently in training matters, that her supervisor limited opportunities for positive feedback and that her supervisor terminated her employment in a humiliating manner.
Settlement: 
Reinstatement.
Financial compensation for lost benefits (medical costs and dental).
  Reimbursement of the complainant’s retraining costs.

Ground(s): Race, colour, and national or ethnic origin
Area:   Employment 
Allegation: 
The complainant applied for two positions and was told that the employer was still interviewing for these positions. The day after her application, she was informed by the employer that there were no vacant positions.
Settlement: 
Letter of regret.

Ground(s): Race, colour, marital status and family status
Area:   Employment  
Allegation: 
The complainant occupied a part-time position. She alleged that she was not allowed to eat with her co-workers, had to perform work outside of her duties, was laughed at and overheard racial comments. Her shifts were changed without her approval, creating problems for her as a single mother.  
Settlement: 
Financial compensation for lost wages.
Financial compensation for pain and suffering.
Letter of regret.
Letter of reference.

Ground(s): Race, colour, marital status and family status
Area:   Employment 
Allegation: 
The complainant occupied a casual position. She applied for a part-time position but was not successful at the interview. She believed that she answered the interview questions correctly. However, during the reference check, a board member asked questions directly related to her conduct in the workplace. The complainant believes that these questions were not part of the normal reference check procedure.
Settlement: 
Financial compensation for pain and suffering.
Letter of regret.
Letter of reference.

Ground(s):  Race, colour and ethnic or national origin
Area:   Employment  
Allegation:  
The complainant alleged that his supervisor used a rude tone of voice with him, ridiculed his accent and criticized his work in front of other people. The complainant eventually lost his job.
Settlement: 
Financial compensation for pain and suffering.
Financial compensation for expenses incurred.
 

Ground(s): Race     
Area:   Delivery of service 
Allegation: 
The complainant was ejected from a federally regulated mode of transportation. He alleged that the decision to eject him was motivated by his race.
Settlement:
Letter of regret.
Financial compensation for pain and suffering.

Sex

Area:   Employment 

Ground(s):  Sex
Area:   Employment  
Allegation:  
The complainant alleged that a newly hired male co-worker in her department was paid more than she was. The reason provided was that he had an accounting degree, which she lacked. She requested professional training and was refused, while the new worker was sponsored to upgrade his qualifications. She alleged that she was disadvantaged in relation to her co-worker because she is a woman.
Settlement: 
Provision of a retroactive wage.
Enrollment in further training.
Involvement of the complainant as a resource person in collective bargaining.
Salary adjustment upon completion of certification to reflect added value and responsibility.

Ground(s):  Sex
Area:   Employment
Allegation:  
The complainant was hired as an administrative assistant. She alleged that on several occasions, a co-worker mocked her voice by imitating it and on one occasion he stared at her breasts. She alleged that when she complained through the internal process, she was fired. She filed against both the employer and the co-worker.
Settlement: 
Financial compensation for pain and suffering.
Letter of apology.

Ground: Sex
Area:   Employment 
Allegation:  
The complainant alleged that she was denied summer and full-time employment  because she is female. She alleged that the company advised her that there was a hiring freeze but that eight men were subsequently hired. Furthermore, in a period of 10 months, the company hired 31 men versus 3 women.
Settlement:  
Provision of formal written performance assessments from the complainant’s past supervisors, based on agreed criteria.
Placement of the performance assessments in the complainant’s personnel file.
Agreement to consider the complainant for future employment.
     
Ground(s): Sex
Area:   Employment 
Allegation: 
The complainant claimed that while working on contract with the respondent, she was promised a permanent position. After she became pregnant, her contract was extended. She believes this is why she was not given a permanent position.
Settlement: 
Permanent employment.
Letter of work history.

Ground(s): Sex
Area:   Employment
Allegation:   
The complainant stated that during her period of employment, she was sexually harassed by the owner of the company. She stated that after several months of this behaviour, she was forced to leave her job.
Settlement: 
Financial compensation for pain and suffering.
Distribution of a brochure on the Canadian Human Rights Act to all employees.

Ground(s):  Sex and disability
Area:   Employment  
Allegation:  
The complainant alleged that his employer dismissed him because he is a man and because he has multiple sclerosis.
Settlement: 
Financial compensation for general damages.
Letter of reference.
Letter of regret.

Ground:  Sex
Area:   Employment 
Allegation:  
The complainant alleged that she had been sexually harassed over a period of many years. The respondent investigated the allegations but did not agree with the complainant’s version of events, although it did take steps to provide training on sexual harassment and to set up an internal complaint process.
Settlement: 
Expression of regret.
Description of corrective action taken.
Commitment to take reasonable and proper measures to ensure future compliance with the Canadian Human Rights Act.
Financial compensation for pain and suffering.

Ground(s): Sex and disability
Area:   Employment   
Allegation:  
The complainant alleged that during her employment she was sexually harassed by several co-workers, which resulted in her becoming depressed. When she complained about the harassment, the respondent did not take appropriate action and subsequently terminated her employment.
Settlement: 
Financial compensation for pain and suffering.

Ground(s):  Sex (pregnancy)
Area:   Employment 
Allegation:  
The complainant handed in her resignation at one point because of an excessive workload, but her employer refused to accept it and she continued working. After she announced that she was pregnant two months later, she alleges that her employer suddenly decided to accept her resignation.
Settlement: 
Financial compensation for lost wages and general damages.
Letter of recommendation.

Ground(s):  Sex
Area:   Employment 
Allegation:  
The complainant alleged that an employee sexually harassed her over a period of several years, until she went on stress leave. She lodged parallel complaints against her employer and the individual respondent.
Settlement: 
Expression of regret.
Corrective action against the individual.
Reasonable and proper measures to ensure future compliance with the Canadian Human Rights Act.
Financial compensation for pain and suffering.
Reimbursement of 80 percent of the complainant’s legal fees.

Ground(s):  Sex and age
Area:   Employment   
Allegation:  
The complainant was one of the first women to work in her area of expertise for her employer. She alleged that she was not being paid the same as her male colleagues. The complainant also alleged that her employer had recently transferred her to another position because of her age.
Settlement: 
Retirement with severance pay.
Payment for accumulated vacation leave.
Reimbursement of expenses incurred.

Ground(s): Sex (pregnancy)
Area:   Employment 
Allegation:  
The complainant alleged that when she returned from sick leave related to her pregnancy, her supervisor did not provide her with the necessary assistance and training to perform her duties. Her employment was subsequently terminated due to performance issues.
Settlement:  
Financial compensation for pain and suffering.

Ground:  Sex
Area:   Employment  
Allegation:  
The complainant alleges that she began having problems at work when she announced her pregnancy in July 2001. She alleges that a co-worker treated her differently and harassed her from this date forward.
Settlement: 
Letters of regret from the employer and the co-worker.
Withdrawal of related grievances.
Financial compensation for general damages.

Ground(s):  Sex and family status
Area:   Employment   
Allegation:  
The complainant alleged that her employer denied her several career-enhancing opportunities when she returned to work from maternity leave, and that it ultimately terminated her employment on the pretext that it was downsizing and that her job no longer existed.
Settlement: 
Expression of regret to the complainant.
Financial compensation for general damages.

Ground(s): Sex (female) and marital status
Area:   Employment 
Allegation:  
The complainant and his partner filed separate complaints alleging that the respondent did not take action against a co-worker who made defamatory and harassing remarks about their personal relationship. They allege that the respondent did not provide a harassment-free work environment.
Settlement:  
Development of protocol for future instances of sexual harassment.
Joint management and union anti-harassment and human rights training.
Posting of the respondent’s human rights and employment equity policy, and relevant provisions of the collective agreement.
Financial compensation for pain and suffering.

Ground(s):  Sex
Area:   Employment  
Allegation:  
The complainant alleged that, while she was pregnant, her employer did not accommodate her as necessary given the special conditions of her pregnancy.
Settlement: 
Sick leave credits.
Financial compensation for pain and suffering.
Awareness raising in the workplace.
Review of the complainant’s file.
 
Ground(s):  Sex
Area:   Employment  
Allegation:  
The complainant alleged that her employer did not renew her contract because the fact that she was pregnant meant she would have doctor’s appointments, that made her unavailable to work.
Settlement: 
Financial compensation for pain and suffering.

Marital Status

Area:   Employment

Ground(s): Marital status and sex
Area:   Employment
Allegation:  
The complainant and his partner filed separate complaints alleging that the respondent did not take action against a co-worker who made defamatory and harassing remarks about their personal relationship. They allege that the respondent did not provide a harassment-free work environment.
Settlement:  
Development of protocol for future instances of sexual harassment.
Joint management and union anti-harassment and human rights training.
Posting of the respondent’s human rights and employment equity policy, and relevant provisions of the collective agreement.
Financial compensation for pain and suffering.

Ground(s): Marital status, family status, race and colour
Area:   Employment 
Allegation: 
The complainant occupied a part-time position. She alleged that she was not allowed to eat with her co-workers, had to perform work outside of her duties, was laughed at and overheard racial comments. Her shifts were changed without her approval, creating problems for her as a single mother.  
Settlement: 
Financial compensation for lost wages.
Financial compensation for pain and suffering.
Letter of regret.
Letter of reference.

Ground(s): Marital status, family status, race and colour
Area:   Employment 
Allegation: 
The complainant occupied a casual position. She applied for a part-time position but was not successful at the interview. She believed that she answered the interview questions correctly. However, during the reference check, a board member asked questions directly related to her conduct in the workplace. The complainant believes that these questions were not part of the normal reference check procedure.
Settlement: 
Financial compensation for pain and suffering.
Letter of regret.
Letter of reference.

Ground(s):  Family status and sex
Area:   Employment  
Allegation:  
The complainant alleged that her employer denied her several career-enhancing opportunities when she returned to work from maternity leave, and that it ultimately terminated her employment on the pretext that it was downsizing and that her job no longer existed.
Settlement: 
Expression of regret to the complainant.
Financial compensation for general damages.

Age

Area: Employment

Ground(s): Age
Area:   Employment   
Allegation:  
The complainant felt he was being pushed out of his position to make room for younger workers and that his employer frequently dealt with its older workers this way. Eventually, the complainant resigned.
Settlement: 
Expression of regret.
Financial compensation for pain and suffering.

Ground(s): Age
Area:   Employment 
Allegation:  
The complainant claimed that he was subjected to differential treatment by his employer because of his age. The complainant had worked for his employer for many years. He claimed that his employer wanted to replace him with a younger employee.
Settlement: 
Letter of regret.
Financial compensation toward legal expenses.
Eligibility for part-time employment.

Ground(s):  Age
Area:   Employment
Allegation:  
The complainant alleged that he was fired as a mechanic because of his age.
Settlement: 
Financial compensation for general damages.
Continued employment as a driver with guaranteed hours for the first summer, and a choice of route thereafter, as seniority allows.

Ground(s):  Age
Area:   Employment 
Allegation:  
The complainant alleged that the respondent reduced his working hours and subsequently terminated his employment because he had reached 65 years of age.
Settlement: 
Revision of the respondent’s mandatory retirement policy to include provision for a retiring allowance recognizing employees’ length of service.
Financial compensation in the form of a retiring allowance.

Ground(s): Age, and national or ethnic origin
Area:   Employment
Allegation: 
The complainant worked as a trainer. She claimed that she was harassed by trainees employed by the respondent. They made comments related to her age and inappropriate comments related to her province of birth.
Settlement: 
Financial compensation for pain and suffering.
Letter of regret.

Ground(s): Age, race, and national or ethnic origin
Area:   Employment  
Allegation: 
The complainant alleged that he was the most experienced employee in his section, but that he was passed over for acting assignments and removed from his main portfolio. This resulted in several months at work when he had little to do.
Settlement: 
Financial compensation for lost wages.
Financial compensation for general damages. 
Financial compensation for expenses.
Letter of regret.
Agreement that the complainant will retire.

Ground(s): Age, disability and colour 
Area:   Employment  
Allegation:  
The complainant alleged that approximately one year after she began employment with the respondent, she began experiencing difficulties with one of her co-workers, whom the complainant believes holds negative views about Black people. She complained to her manager about the co-worker, but the manager chose to believe the co-worker’s version of events. In addition, at a meeting with some of her managers, she was told that she had an “attitude towards management” and that her co-workers did not want to work with her. Following this meeting, the complainant became depressed and had to go on disability leave.
Settlement: 
Financial compensation for general damages.
Letter of reference.
Removal of certain documents from the complainant’s personnel file.
Permission to remain on disability leave until her doctor states she is ready to return to work or until her benefits expire.

Ground(s): Age
Area:   Employment
Allegation:  
The complainant alleged that his employment was terminated before his 66th birthday. He alleged that the respondent has a policy that requires all employees to retire at age 65.
Settlement: 
Financial compensation as general damages.
Pension adjustments.
Letter of reference.
Review of the respondent’s retirement policy in light of recent case law.

Ground(s):  Age and sex
Area:   Employment  
Allegation:  
The complainant was one of the first women to work in her area of expertise for her employer. She alleged that she was not being paid the same as her male colleagues. The complainant also alleged that her employer had recently transferred her to another position because of her age.
Settlement: 
Retirement with severance pay.
Payment for accumulated vacation leave.
Reimbursement of expenses incurred.