SETTLEMENT EXAMPLES FOR 2004
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, Colour, National or Ethnic Origin, and Religion
Sex, Marital Status and Family Status
Age
Sexual Orientation
Pardoned Conviction
Disability
Area: Employment
Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that his employer dismissed him shortly after he returned from sick leave.
Settlement: Financial compensation for six weeks’ wages.
Professional career transition or training services.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffered a knee injury that left him unable to hold his position. The employer later terminated his employment.
Settlement: Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from scoliosis. He alleged that his needs were not properly accommodated, resulting in health problems. The complainant ended up resigning.
Settlement: Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from neck and arm pain. She alleged that her employer refused to follow her physician’s recommendations for her functional limitations and that he did not take her medical problems into account when the work was distributed. She also argued that her employer did not provide a harassment free workplace and that he dismissed her because of her disability.
Settlement: Severance pay.
Financial compensation for pain and suffering.
Financial compensation for incurred expenses.
Contribution to employees’ pension fund.
Financial compensation for legal fees.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from depression. He alleged that his employer’s
short-term disability protection program discriminated against employees suffering from temporary disabilities because it did not take into account the recommendations made by the treating physicians.
Settlement: Financial compensation for pain and suffering.
Modifications to the short-term disability program based on the recommendations of the Commission’s Policy Branch.
Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that he was refused a job because he is an insulin-dependent diabetic. His diabetes is fully controlled, and he believed he could carry out all the duties of the position without restriction.
Settlement: Re-evaluation of the complainant’s health with a view to possibly hiring him, depending on the results of the evaluation.
Financial compensation for lost wages plus interest, and for pain and suffering.
Letter of regret.
Ground(s): Disability and Age
Area: Employment
Allegation: The complainant alleged that her manager tried to have her demoted. She became depressed and went on short-term disability leave. While she was on disability leave, her position was eliminated.
Settlement: Acknowledgment that there had been a misunderstanding and that the complainant was still an employee.
Letter of apology.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffered from panic disorder and depression. She alleged that her employer failed to accommodate her after she returned to work from sick leave. She was interviewed for other positions, as required by the company’s policy, but was not offered one.
Settlement: Financial compensation for pain and suffering.
Financial compensation for expenses related to the complaint.
Agreement that the complainant would retire on medical grounds.
Forgiveness of an outstanding debt for unearned sick or vacation credits the complainant had used.
Ground(s): Disability
Area: Employment
Allegation: The complainant had an accident due to a blackout while driving. He alleged that he was not allowed to return to work until he was examined and judged to be medically fit. Subsequently, his employment was terminated because of his accident and extended absence from work.
Settlement: Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant injured her knee at work. She alleged that her employer refused to accommodate her.
Settlement: Financial compensation for general damages.
Ground(s): Disability
Area: Employment
Allegation: The complainant worked as a truck driver. After being diagnosed with diabetes, he was no longer permitted to do cross-border runs to the United States. He alleged that his employer refused to accommodate him by providing driving runs in Canada.
Settlement: Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant was off work for several weeks following an injury to her arm. She alleged that her employer took over one year to find her a suitable job when she returned to work and that this amounted to a failure to accommodate her.
Settlement: Financial compensation for pain and suffering.
Letter of regret.
Ground(s): Disability
Area: Employment
Allegation: The complainant, a term employee, alleged that her employer discriminated against her by failing to accommodate her disability. She alleged that her employment was extended monthly after her term expired because she had taken leave for medical reasons. Eventually, her employment was terminated.
Settlement: Financial compensation for pain and suffering.
Review of the respondent’s procedures for self-identification of persons with disabilities.
Ground(s): Disability and marital status
Area: Employment
Allegation: The complainant, a term employee, alleged that she was treated differently at work due to her hearing disability and was not given a proper workstation. When she complained about the situation, her contract was terminated. She alleged that she was not treated in the same way as her colleagues during a job competition, and that managers questioned her performance when they learned that she had been a victim of family violence.
Settlement: Letter of reference and verbal references upon request.
Removal of two appraisal reports from the complainant’s file.
Financial compensation for pain and suffering.
Agreement from the complainant not to pursue a grievance on these issues.
Ground(s): Disability
Area: Employment
Allegation: The complainant injured her back at work. She alleged that her employer refused to accommodate her by modifying her work schedule according to her doctor’s recommendations. The respondent also denied her an expected pay raise. Subsequently, the complainant began to suffer from depression and work-related anxiety.
Settlement: Financial compensation for general damages.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from anxiety. When he advised his employer that he would have to reduce his hours on the advice of his family doctor, his employer asked him to see the company doctor. The company doctor felt the complainant could return to work immediately. The complainant alleged that the employer’s policy was discriminatory to persons with mental disabilities, as he was required to attend meetings that he found stressful, and the employer did not listen to his concerns or his own doctor’s opinion.
Settlement: Agreement on a return-to-work program.
Removal of attendance letters from the complainant’s file.
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant has a learning disability. She applied for a position that required successful completion of a training program. At the job interview, she asked if the training would involve writing, as her disability makes this difficult. Eventually, she failed a written test, and her employment was terminated. She believed she would have passed the test had she been given more time to complete it.
Settlement: Financial compensation for pain and suffering.
Letter of regret.
Review of the information given to job applicants regarding the demands of the position and expectations during training.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffered from post-traumatic stress disorder as the result of a work-related incident. He alleged that his employer did not accommodate him.
Settlement: Agreement by the complainant to retire for medical reasons.
Reimbursement of sick leave credits.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from severe allergies. For several years, his employer allowed him to work from home. Eventually, however, this telework program was phased out, leaving the complainant without employment.
Settlement: Severance package.
Retraining allowance to allow the complainant to change careers.
Permission to keep some of the specialized equipment the company had provided to him during his employment.
Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that his employer did not accommodate his disability. He alleged that he was asked to perform tasks that conflicted with his doctor’s recommendations.
Settlement: Respondent to provide for the complainant’s return to school.
Complainant to resign at the end of the agreed-upon schooling period.
Ground(s): Disability and sex
Area: Employment
Allegation: The complainant suffers from bilateral tendinitis. She was hired as a casual employee to operate a forklift, a position that suited her medical condition. However, she was assigned general labour duties that aggravated her condition. She alleged that, when she asked to work exclusively on the forklift, her request was denied, and she was told that “the guys” were better forklift operators. Eventually, her employment contract was terminated.
Settlement: Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation:
The complainant has a mental disability (Asperger’s syndrome). He alleged that his employer did not renew his term employment and refused to place his name on the re-call list for future employment because of his disability.
Settlement:
Verbal expression of regret.
Financial compensation for pain and suffering.
Letter of confirmation of employment.
Removal of documents from his personnel file.
Ground (s): Disability
Area: Employment
Allegation:
The complainant suffers from back problems. He alleged that his employer refused to offer him lighter work when he found himself in a situation where he was unable to perform his regular duties.
Settlement:
Medical assessment to define the complainant’s functional limitations.
Financial compensation for pain and suffering.
Sick leave credits.
Ground(s): Disability
Area: Employment
Allegation:
The complainant is allergic to certain scents. He alleged that his disability was not accommodated, and that he was denied a job opportunity. He claimed that his employer agreed to let him work from home to accommodate his disability but later refused to let him do so.
Settlement:
Financial compensation for general damages.
Severance package.
Ground(s): Disability and age
Area: Employment
Allegation:
The complainant, who was 61, alleged that she injured herself at work. Her doctor identified ergonomic modifications to accommodate her on the job. She was told to take time off while the modifications were made, but during this time another person was hired, and the complainant’s employment was eventually terminated.
Settlement:
Financial compensation for pain and suffering.
Compensation for legal fees, special damages and interest.
Retirement allowance.
Ground(s): Disability
Area: Employment
Allegation:
The complainant suffered from muscle spasms in her shoulder and neck. She alleged that her employer terminated her employment because of her disability.
Settlement:
Retirement allowance.
Financial compensation for pain and suffering and for legal fees.
Letter of apology.
Ground(s): Disability
Area: Employment
Allegation:
The complainant has a psychological disability. He alleged that his employer refused to give him positions that accommodated his functional limitations. He also alleged that his employer removed him from his position after he filed his complaint with the Commission.
Settlement:
Medical assessment to define the functional limitations.
Permanent employment.
Financial compensation for pain and suffering.
Sick leave and vacation leave credits.
Ground(s): Disability
Area: Employment
Allegation:
The complainant was injured at work. He alleged that he was placed on sick leave and advised that he was a health and safety risk. He was forced to stay at home even though his doctor cleared him to return to work.
Settlement:
Medical assessment of the complainant’s condition.
Restoration of overdrawn vacation and sick leave credits.
Ground(s): Disability, race and national or ethnic origin, and age
Area: Employment
Allegation:
The complainant, a 52-year-old Lebanese woman, suffered from depression and various physical ailments. She alleged that her supervisor treated her differently and subjected her to discipline and excessive monitoring. After she went on sick leave, her employment was terminated.
Settlement:
Financial compensation for general damages.
Resignation with a separation allowance.
Ground(s): Sex and disability
Area: Employment
Allegation:
The complainant was alcohol and drug dependent, and suffered from post- traumatic stress disorder and depression. She alleged that her employer terminated her employment because of her sex and disability.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation:
The complainant was diagnosed with bi-polar affective disorder. He alleged that the respondent put him on unpaid leave, required him to provide medical information and terminated his employment because his behaviour was considered unstable.
Settlement:
Settlement between the parties, for undisclosed terms.
Ground(s): Disability
Area: Employment
Allegation:
The complainant suffers from glaucoma and injuries sustained in a car accident. He alleged that his employer refused to accommodate his disabilities and terminated his employment.
Settlement:
Settlement between the parties, for undisclosed terms.
Ground(s): Disability and family status
Area: Employment
Allegation:
The complainant, who suffers from Guillain-Barré syndrome, is the father of two young children. He alleged that his employer did not offer reasonable accommodation when he found himself unable to perform his regular duties.
Settlement:
Participation in a career transition program.
Laptop computer to make the job search easier.
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged that his application for employment was rejected, despite the fact that he passed the aptitude test, because he suffers from a minor hearing loss.
Settlement:
Financial compensation for pain and suffering.
Review of the employer’s hiring policies, in consultation with the Commission.
Ground(s): Disability
Area: Employment
Allegation:
The complainant worked as a transport truck driver. He alleged that he was not accommodated by his employer following a work-related accident.
Settlement:
Financial compensation for pain and suffering.
Letter of recommendation.
Complainant’s resignation after he finds employment in another field.
Ground(s): Disability
Area: Employment
Allegation:
The complainant suffers from sleep apnea. He alleged that his employer cancelled his medical plan and insurance after he informed his supervisor that he would be taking time off because of his disability.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation:
The complainant injured his back at work. After receiving vocational training, he was ready to return to work several years later. He alleged that his employer refused to allow him to return to work because it still considered him disabled.
Settlement:
Offer of a position contingent upon the results of a medical examination.
Regular assessment of the complainant’s progress at work.
Ground(s): Disability
Area: Employment
Allegation:
The complainant suffered a work-related injury. His employment was terminated but he was reinstated following arbitration of a grievance. He alleged that his employer then failed to accommodate him with a return-to-work program.
Settlement:
Financial compensation for general damages.
The right to return to work, as determined by an assessment of his capacity.
Agreement to respect performance and attendance standards.
Technical training on new systems.
Ground(s): Disability
Area: Employment
Allegation:
The complainant had moved to another part of Canada for a job with the respondent. She became ill and missed a significant amount of work. When she returned from sick leave, she was told there was no longer any work for her. She was paid to work from home while seeking other employment.
Settlement:
Reimbursement of moving expenses.
Ground(s): Disability
Area: Employment
Allegation:
The complainant suffered from depression and anxiety. He alleged that, after he took time off work on his doctor’s advice, his employment was terminated.
Settlement:
Financial compensation for pain and suffering.
Reinstatement of vacation credits.
Withdrawal of a related complaint.
Ground(s): Disability and family status
Area: Employment
Allegation:
The complainant missed work because of illness and family matters. She alleged that her employment was terminated because she had taken time off.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability and sex
Area: Employment
Allegation:
The complainant alleged that her supervisor made sexual advances. When she complained, she was given a poor performance appraisal. The stress caused her to suffer an anxiety attack and her doctor recommended a transfer to another work unit. She was told that there was no other work available and that she had to return to her job.
Settlement:
Agreement to terminate employment.
Financial compensation for general damages.
Letter of employment.
Ground(s): Disability
Area: Employment
Allegation:
The complainant injured his back and was off work for a period of time. When he was declared fit to return to work, his employment was terminated.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability and family status
Area: Employment
Allegation:
The complainant had a family member who suffered from a mental disability. He alleged that his employer refused to give him the time off he needed to care for this person.
Settlement:
Financial compensation for lost wages and vacation pay.
Letter of reference.
Agreement to terminate employment and provide out-placement services.
Ground(s): Disability, race, colour, national or ethnic origin, and age
Area: Employment
Allegation:
The complainant alleged that his employer refused to promote him into a permanent position for a range of discriminatory reasons.
Settlement:
Agreement to hire the complainant for the next temporary position for which he qualifies.
Letter of reference.
Ground(s): Disability
Area: Employment
Allegation:
The complainant, who is visually impaired, worked in a warehouse. He alleged that his employer made having a forklift operator’s licence a requirement for promotion, effectively denying him a chance to advance.
Settlement:
Agreement on new working hours.
Letter of regret.
Ground(s): Disability and age
Area: Employment
Allegation:
The complainant alleged that his supervisor made a number of comments about his age and physical condition before terminating his employment. Therefore, he thought that his employer laid him off because of his age and because he was perceived as having a disability.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Race, Colour, National or Ethnic Origin, and Religion
Area: Employment
Ground(s): Religion and sex
Area: Employment
Allegation:
The complainant is a Mennonite. He alleged that a female co-worker pinched, slapped and taunted him because of his religious beliefs, and that his employer did nothing to prevent the harassment. Eventually, he resigned.
Settlement:
Agreement to re-hire the complainant.
Letter of apology from employer.
Verbal apology from co-worker.
Anti-harassment training for employees.
Financial compensation for general damages.
Ground(s): Race, national or ethnic origin, and colour
Area: Employment
Allegation:
The complainant is black. He alleged that his employer denied him a transfer to another position, although it transferred white employees.
Settlement:
Agreement to give the complainant a choice of available positions.
Ground(s): National or ethnic origin
Area: Employment
Allegation:
The complainant is Egyptian. He alleged that he was harassed during his initial training course because of his ethnic origin. He failed the course because of the harassment.
Settlement:
Reimbursement of lost wages.
Financial compensation for pain and suffering.
Ground(s): Race, national or ethnic origin, age and disability
Area: Employment
Allegation:
The complainant, a 52-year-old Lebanese woman, suffered from depression and various physical ailments. She alleged that her supervisor treated her differently and subjected her to discipline and excessive monitoring. After she went on sick leave, her employment was terminated.
Settlement:
Financial compensation for general damages.
Resignation with a separation allowance.
Ground(s): Race, and national or ethnic origin
Area: Employment
Allegation:
The complainant is Aboriginal. She alleged that her employer treated her differently than it treated non-Aboriginal employees by refusing to give her more hours or offering her full-time employment. She said that her supervisor reprimanded her unfairly, and that her co-workers were also reprimanded when they tried to help.
Settlement:
Financial compensation for pain and suffering.
Letter of confirmation of employment.
Ground(s): National or ethnic origin, race and colour
Area: Employment
Allegation:
The complainant identified himself as Aboriginal in his résumé. He alleged that, when he applied for employment, he was told that his résumé would be kept with the intention of hiring him in the future. He maintained regular contact with the company but was never offered a job. Later, he learned that six new employees had been hired, none of whom was Aboriginal.
Settlement:
Opportunity to apply for a vacant position.
Ground(s): National or ethnic origin
Area: Employment
Allegation:
The complainant is from North Africa. He alleged that he had applied for a position in informatics. When he was notified of the competition results, he was told, on the one hand, that the position had been abolished for budget reasons, and, on the other, that the position had been filled. He alleged that the respondent refused to give him the position because of his national or ethnic origin.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Race, colour, national or ethnic origin, age and disability
Area: Employment
Allegation:
The complainant alleged that his employer refused to promote him into a permanent position for a range of discriminatory reasons.
Settlement:
Agreement to hire the complainant for the next temporary position for which he qualifies.
Letter of reference.
Ground(s): National or ethnic origin
Area: Employment
Allegation:
The complainant, who is Métis, alleged that he was treated more harshly than his co-workers. He also alleged that his co-workers made derogatory comments related to his national or ethnic origin.
Settlement:
Financial compensation for general damages.
Letter of apology.
Confirmation that the employer had updated its harassment policy and regularly provides related training to all employees.
Ground(s): Race
Area: Employment
Allegation:
The complainant, who is black, had been employed for many years when he requested a transfer to another part of the country. He alleged that his request was denied in retaliation for his having filed a human rights complaint several years ago.
Settlement:
Financial compensation for pain and suffering.
Compensation for legal fees.
Letter of apology.
Ground(s): Race and colour
Area: Employment
Allegation:
The complainant, who is black, worked for a digital television service. She alleged that she was treated differently and demoted because of her race and colour. She eventually handed in her resignation.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Letter of reference.
Ground(s): Religion
Area: Employment
Allegation:
The complainant is Jewish. He alleged that the respondent refused to accommodate his request for time off to satisfy his religious obligations.
Settlement:
Financial compensation for pain and suffering.
Reimbursement of leave.
Commitment to accommodate the complainant in the future.
Ground(s): National or ethnic origin, and disability
Area: Employment
Allegation:
The complainant is Caucasian. She successfully competed for a position with an organization in which most employees are Aboriginal. She alleged that she was subjected to derogatory comments and treated differently because of her national or ethnic origin. This caused her stress, for which her employer would not grant sick leave.
Settlement:
Financial compensation for general damages.
Letter of regret.
Letter of reference.
Ground(s): National or ethnic origin, and sex
Area: Employment
Allegation:
The complainant alleged that her co-workers harassed her over many years, sabotaged her work and refused to work with her because she is Métis. She was also singled out for harsher discipline over incidents at work. When the company she worked for was sold, the new owner refused to hire her because of her work history.
Settlement:
Verbal expression of regret to the complainant.
Financial compensation for pain and suffering.
Ground(s): Disability and colour
Area: Employment
Allegation:
The complainant, who is black, suffers from depression. She alleged that her supervisor pressured her constantly to work faster, despite her disability and medical restrictions. She complained to senior management, but nothing was done. Eventually, she was transferred to another position. Subsequently, a Caucasian employee with less seniority and experience was promoted over the complainant.
Settlement:
Financial compensation for pain and suffering.
Appointment to a permanent position.
Ground(s): Disability and race
Area: Employment
Allegation:
The complainant, who is Chinese, was injured at work. He alleged that his disability was not accommodated and that he was harassed by his supervisor and co-workers. He requested a transfer to another location, but the transfer was delayed for several months without explanation.
Settlement:
Letter of apology.
Commitment to accommodate the complainant and ensure a harassment-free workplace.
Ground(s): Race, national or ethnic origin, and religion
Area: Employment
Allegation:
The complainant, a Muslim from North Africa, alleged that a co-worker consistently made derogatory comments about immigrants, Arabs and Muslims. He complained to management, but his employer failed to take any action.
Settlement:
Financial compensation for pain and suffering.
Training for the co-worker on diversity and harassment in the workplace.
Ground(s): Disability and national or ethnic origin
Area: Employment
Allegation:
The complainant is dyslexic and suffers from depression. She alleged that, during the course of her employment, she was subjected to harassment and criticism more frequently than her colleagues of other ethnic groups, and that other employees were given full-time jobs ahead of her. The situation aggravated her depression. When she requested sick leave, she was forced to resign.
Settlement:
Agreement to provide new employees with information on internal support and grievance procedures.
Reaffirmation of commitment to the duty to accommodate.
Financial compensation for lost wages, and for pain and suffering.
Ground(s): National or ethnic origin, and age
Area: Employment
Allegation:
The complainant, a woman in her sixties, worked as a health professional for a First Nation. She alleged that her employment was terminated because of her age and because she is not Aboriginal.
Settlement:
Financial compensation for general damages.
Ground(s): Age, family status and religion
Area: Employment
Allegation:
The complainant, a 50-year-old teacher who practises Native spirituality, took leave for religious reasons. She alleged that, when she returned to work, her supervisor made disparaging comments about her taking leave and her pay was docked.
Settlement:
Settlement between the parties, for undisclosed terms.
Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation:
The complainant alleged that he was subjected to discriminatory treatment and harassment by his supervisor. He alleged that his supervisor made racially derogatory comments and assigned him a larger workload than that of his co-workers.
Settlement:
Financial compensation for pain and suffering.
Transfer to another work unit.
Training opportunities and preference for supervisory-level jobs on an acting basis.
Letter of apology.
Removal of certain documents from the complainant’s personnel file.
Sex, Marital Status and Family Status
Area: Employment
Area : Provision of Services
Employment
Ground(s): Family Status
Area: Employment
Allegation:
The complainant applied for a job and alleged that she wasn’t hired, even though she was successful in the screening process, because she had been married to a man who had served time in jail.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Family Status
Area: Employment
Allegation:
The complainant is a single parent. She alleged that her employer refused to accommodate her request to start work a bit later in the morning.
Settlement:
Financial compensation for pain and suffering.
Financial compensation for lost wages.
Adjustment to the complainant’s hours of work.
Ground(s): Religion and sex
Area: Employment
Allegation:
The complainant is a Mennonite. He alleged that a female co-worker pinched, slapped and taunted him because of his religious beliefs, and that his employer did nothing to prevent the harassment. Eventually, he resigned.
Settlement:
Agreement to re-hire the complainant.
Letter of apology from employer.
Verbal apology from co-worker.
Anti-harassment training for employees.
Financial compensation for general damages.
Ground(s): Sex
Area: Employment
Allegation:
The complainant was hired by a trucking company. She alleged that she was not properly trained because the person responsible for training believed women belong in the home. This person also treated her rudely and aggressively. She told her supervisors, but nothing was done. After she filed a complaint with the Commission, her employment was terminated.
Settlement:
Financial compensation for general damages.
Anti-harassment training for the person named in the complaint.
Training on employee relations for supervisors.
Ground(s): Sex and disability
Area: Employment
Allegation:
The complainant was alcohol and drug dependent, and suffered from post- traumatic stress disorder and depression. She alleged that her employer terminated her employment because of her sex and disability.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability and Family Status
Area: Employment
Allegation:
The complainant, who suffers from Guillain-Barré syndrome, is the father of two young children. He alleged that his employer did not offer reasonable accommodation when he found himself unable to perform his regular duties.
Settlement:
Participation in a career transition program.
Laptop computer to make the job search easier.
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that a co-worker made sexual advances, touched her and tried to kiss her. She complained to her managers but did not feel the matter was properly addressed.
Settlement:
Agreement to separate the complainant from the co-worker.
Restoration of sick leave credits.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that her employer failed to accommodate her during her pregnancy, by denying her sick leave when she had bouts of nausea. The employer also required a doctor’s note each time she could not work and insisted that she make up any time missed. These incidents caused her so much stress she was forced to take sick leave.
Settlement:
Financial compensation for pain and suffering.
Compensation for damages and legal fees.
Letter of confirmation of employment.
Ground(s): Family Status
Area: Employment
Allegation:
The complainant asked to be allowed to work from home to facilitate childcare arrangements. She alleged that her employer did not respond to her request for several months. Eventually, she could no longer come to work because of her childcare responsibilities.
Settlement:
Restoration of leave credits.
Permission to work from home.
Compensation for time on leave without pay.
Training for managers on accommodation.
Withdrawal of a grievance.
Letter of apology.
Ground(s): Disability and family status
Area: Employment
Allegation:
The complainant missed work because of illness and family matters. She alleged that her employment was terminated because she had taken time off.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex and disability
Area: Employment
Allegation:
The complainant alleged that her supervisor made sexual advances. When she complained, she was given a poor performance appraisal. The stress caused her to suffer an anxiety attack and her doctor recommended a transfer to another work unit. She was told that there was no other work available and that she had to return to her job.
Settlement:
Agreement to terminate employment.
Financial compensation for general damages.
Letter of employment.
Ground(s): Family status and disability
Area: Employment
Allegation:
The complainant had a family member who suffered from a mental disability. He alleged that his employer refused to give him the time off he needed to care for this person.
Settlement:
Financial compensation for lost wages and vacation pay.
Letter of reference.
Agreement to terminate employment and provide out-placement services.
Ground(s): Sex
Area: Employment
Allegation:
The complainant worked for a trucking company. She alleged that she was subjected to sexual harassment in the form of sexual jokes and comments, and inappropriate touching by three of her male colleagues.
Settlement:
Financial compensation for pain and suffering.
Harassment training for managers.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that her supervisor began sexually harassing her as soon as she started with the company. He would flirt with her, make comments about her appearance, describe sexual fantasies and invite her to join him at strip clubs. She complained to management and an investigation was carried out in her absence. Although the investigation confirmed her allegations, she was not transferred to a different job, as she requested. She began to suffer from anxiety and eventually went on sick leave.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.
Extension of health benefits.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that a co-worker had posted a pornographic picture at work. She reported it to management, but nothing was done to correct the situation.
Settlement:
Letter of regret.
Steps to ensure that all employees are made aware of the anti-harassment policy.
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that a manager sexually harassed and physically assaulted her. She became fearful and began suffering from stress-related illness. She complained to management, but nothing was done to address the problem.
Settlement:
Financial compensation for pain and suffering.
Restoration of vacation and sick leave.
Training for all managers.
Agreement to post notices on how to contact the Canadian Human Rights Commission.
Ground(s): Sex
Area: Employment
Allegation:
The complainant worked as a driver. She alleged that her supervisor treated her differently than her male co-workers, and that he spoke to her in an insulting and demeaning way. She was disciplined more harshly than her co-workers, and her employment was eventually terminated.
Settlement:
Financial compensation for expenses.
Financial compensation for pain and suffering.
Letter of reference.
Training in harassment prevention for all employees.
Strict adherence to zero-tolerance policy.
Ground(s): Sex
Area: Employment
Allegation:
The complainant suffers from depression. She alleged that her condition was exacerbated by the sexual bantering in the office.
Settlement:
Financial compensation for pain and suffering.
Reimbursement of sick leave credits.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that a co-worker made inappropriate sexual comments and touched her. After advising her manager, she and the alleged harasser were suspended without pay. She alleged that management knew about the harassment but did nothing to stop it. Both parties were subsequently reinstated, but the complainant chose not to return to work.
Settlement:
Financial compensation for lost wages.
Implementation of an anti-harassment policy.
Training for all staff within six months.
Letter of regret.
Ground(s): Sex, and national or ethnic origin
Area: Employment
Allegation:
The complainant alleged that her co-workers harassed her over many years, sabotaged her work and refused to work with her because she is Métis. She was also singled out for harsher discipline over incidents at work. When the company she worked for was sold, the new owner refused to hire her because of her work history.
Settlement:
Verbal expression of regret to the complainant.
Financial compensation for pain and suffering.
Ground(s): Sex and family status
Area: Employment
Allegation:
The complainant was scheduled to return to work after giving birth. She alleged that, a few days before her return, she was informed that her position no longer existed and that her employment was being terminated.
Settlement:
Settlement between the parties, for undisclosed terms.
Ground(s): Sex
Area: Employment
Allegation:
The complainant worked as a manager. During the course of her employment, she became pregnant. She alleged that comments were made to the effect that, next time, a man would be hired so that the employer could avoid dealing with maternity leave. When she was about to return to work, she was informed that she was no longer needed and given one month’s notice without explanation.
Settlement:
Financial compensation for wages and other expenses.
Ground(s): Sex and disability
Area: Employment
Allegation:
The complainant was declared surplus to requirements and was not considered for other positions with the respondent. She alleged that her employment was terminated because she had missed work for medical reasons. She was also pregnant at the time of her release.
Settlement:
Financial compensation for general damages.
Ground(s): Age, family status and religion
Area: Employment
Allegation:
The complainant, a 50-year-old teacher who practises Native spirituality, took leave for religious reasons. She alleged that, when she returned to work, her supervisor made disparaging comments about her taking leave and her pay was docked.
Settlement:
Settlement between the parties, for undisclosed terms.
Ground(s): Sex, family status and disability
Area: Employment
Allegation:
The complainant worked as a delivery truck driver for about three months. She alleged that a manager offered to train her for an upgraded licence for work that required heavy lifting. Later, however, she was told that the company did not upgrade women’s licences because of the heavy lifting involved. The complainant also alleged that the company had concerns about her ability to handle heavy equipment because she had recently suffered a back injury, and about her ability to work night shifts because she was a single parent.
Settlement:
Letter of regret.
Financial compensation for pain and suffering.
Circulation of a memo to all employees and managers reinforcing the company’s policies and its commitment to ensuring an inclusive workforce.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that a coworker sexually harassed her and that her employer failed to deal with the situation properly. She filed two complaints with the Commission: one against the coworker and one against her employer. She was subsequently transferred to another work location.
Settlement:
Financial compensation for pain and suffering.
Reinstatement of annual leave.
Training in harassment issues for managers.
Ground(s) : Sex
Area: Employment
Allegation:
The complainant alleged that her manager sexually harassed her by making inappropriate comments and gestures.
Settlement:
Financial compensation for pain and suffering.
Reimbursement of expenses and legal fees.
Letter of work history.
Assurance that her complaint would not adversely affect her future employment.
Revision of the respondent’s harassment policy.
Ground(s): Sex and family status
Area: Employment
Allegation:
The complainant stated that she had been hired as a casual employee for the fourth year in a row. On the second day of employment, she advised her employer that she was pregnant and would require accommodation. She was told there was no work for her. She alleged that it took two months before she was re-instated and that the incident caused stress that resulted in complications during her pregnancy.
Settlement:
Statement of regret.
Assurance that the complaint would not adversely affect her future employment.
Financial compensation for general damages.
Ground(s): Sex
Area: Employment
Allegation:
The complainant alleged that the respondent terminated her employment after she notified the firm of her pregnancy and made inquiries about maternity leave provisions.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Allegation:
A group of complainants alleged that the respondent paid the predominantly female staff less than its male workers for work of equal value. The complainants further alleged that the job evaluation program used by the respondent was not used for all workers, giving rise to discrimination in compensation. Subsequently, the women also filed retaliation complaints in which they alleged that the employer terminated their employment because they had filed a pay equity complaint.
Settlement:
Financial compensation for pain and suffering.
Financial compensation for expenses incurred.
Letter of apology.
Commitment to ensure that the pay structure conforms to pay equity principles.
Ground(s): Disability and sex
Area: Employment
Allegation:
The complainant suffers from bilateral tendinitis. She was hired as a casual employee to operate a forklift, a position that suited her medical condition. However, she was assigned general labour duties that aggravated her condition. She alleged that, when she asked to work exclusively on the forklift, her request was denied, and she was told that “the guys” were better forklift operators. Eventually, her employment contract was terminated.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex, national or ethnic origin, and family status
Area: Employment
Allegation:
A couple who worked for the respondent as truck drivers filed two complaints. In the first complaint, the complainant alleged that a trainer sexually harassed her and that, when she complained to management, her employment was terminated. In the second complaint, the other complainant alleged that his employment was terminated because his spouse had complained of sexual harassment.
Settlement:
Financial compensation for general damages.
Ground(s): Family status
Area: Employment
Allegation:
The complainant alleged that his employer transferred him to another team to separate him from his spouse. The employer later decided not to renew his contract even though there were positions available.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability and marital status
Area: Employment
Allegation:
The complainant, a term employee, alleged that she was treated differently at work due to her hearing disability and was not given a proper workstation. When she complained about the situation, her contract was terminated. She alleged that she was not treated in the same way as her colleagues during a job competition, and that managers questioned her performance when they learned that she had been a victim of family violence.
Settlement:
Letter of reference and verbal references upon request.
Removal of two appraisal reports from the complainant’s file.
Financial compensation for pain and suffering.
Agreement from the complainant not to pursue a grievance on these issues.
Ground(s): Race and family status
Area: Employment
Allegation:
After the complainant took time off to deal with childcare problems, she lost some of her job responsibilities, and this fact became a source of tension between her and the manager. Her manager suggested that another job would be more suitable for her and would benefit her son. She complained to her employer, but nothing was done about the situation, and her employment was subsequently terminated.
Settlement:
Financial compensation for legal fees and general damages.
Provision of Services
Ground(s): Sex
Area: Provision of services
Allegation:
The complainant, a transgendered person, complained that government services employees were not addressing her in a manner consistent with her new female identity.
Settlement:
Letter of apology.
Sensitivity training for staff on transsexualism.
Ground(s): Sex
Area: Provision of services
Allegation:
The complainant was a victim of domestic violence. He alleged that government publications perpetuated the notion that only women can be victims of domestic violence.
Settlement:
Opportunity for the complainant to express his views.
Commitment to review Web site material and funding application documents.
Ground(s): Age and sex
Area: Provision of services
Allegation:
The complainant applied for a mortgage. She alleged that the mortgage was initially approved, but that she was subsequently informed that she would need a co-signer because of her age.
Settlement:
Financial compensation for general damages.
Age
Area: Employment
Employment
Grounds(s): Age
Area: Employment
Allegation:
The complainant, a casual employee, was over 50. He alleged that his employer did not renew his contract because of his age. His co-workers had heard that his age was the only reason for not renewing his contract.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Age and disability
Area: Employment
Allegation:
The complainant, who was 61, alleged that she injured herself at work. Her doctor identified ergonomic modifications to accommodate her on the job. She was told to take time off while the modifications were made, but during this time another person was hired, and the complainant’s employment was eventually terminated.
Settlement:
Financial compensation for pain and suffering.
Compensation for legal fees, special damages and interest.
Retirement allowance.
Ground(s): Age
Area: Employment
Allegation:
The complainant alleged that his employer terminated his employment because of his age (45). In his opinion, the employer preferred younger employees because their salaries were usually lower.
Settlement:
Reassignment of complainant.
Retroactive pay increase.
Permission to use a company car.
Financial compensation for legal fees.
Ground(s): Race, colour, national or ethnic origin, age and disability
Area: Employment
Allegation:
The complainant alleged that his employer refused to promote him into a permanent position for a range of discriminatory reasons.
Settlement:
Agreement to hire the complainant for the next temporary position for which he qualifies.
Letter of reference.
Ground(s): Age and disability
Area: Employment
Allegation:
The complainant alleged that his supervisor made a number of comments about his age and physical condition before terminating his employment. Therefore, he thought that his employer laid him off because of his age and because he was perceived as having a disability.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Ground(s): Age
Area: Employment
Allegation:
The complainant alleged that his employer refused to assign him to a position for which he was qualified because he was over 60.
Settlement:
Appointment of the complainant to the position in question.
Financial compensation for legal fees.
Ground(s): Disability and age
Area: Employment
Allegations:
The complaint suffers from depression. She alleged that her employer refused to accommodate her disability and forced her to stay on extended disability leave, although she was able to work part time. She also alleged that her employer forced her to retire at 65, although she had expressed the desire to continue working.
Settlement:
Letter of recommendation.
Retirement, along with a lump sum.
Tax consultant services.
Services of a career transition firm.
Ground(s): Age
Area: Employment
Allegation:
The complainant alleged discrimination on the basis of age when he was forced to retire at 65.
Settlement:
Withdrawal of a grievance.
Confirmation of the complainant’s retirement.
Financial compensation for pain and suffering.
Ground(s): Disability and age
Area: Employment
Allegation:
The complainant, who is in her late fifties, suffers from hand tremors as a result of a childhood illness. She alleged that she was discriminated against in competitions for promotion because of her disability and age. She felt her supervisor preferred younger workers. When she examined the interview notes, she found comments referring to her nervous appearance and her shaking hands.
Settlement:
Financial compensation for pain and suffering.
Diversity training for all employees.
Professional advice on career options and planning, and coaching for interviews.
Agreement to use internal complaints process first to resolve future concerns.
Ground(s): National or ethnic origin, and age
Area: Employment
Allegation:
The complainant, a woman in her sixties, worked as a health professional for a First Nation. She alleged that her employment was terminated because of her age and because she is not Aboriginal.
Settlement:
Financial compensation for general damages.
Ground(s): Disability and age
Area: Employment
Allegation:
The complainant has fibromyalgia. She alleged that her employment was terminated prematurely because of her disability and her age.
Settlement:
Financial compensation for general damages.
Ground(s): Age, family status and religion
Area: Employment
Allegation:
The complainant, a 50-year-old teacher who practises Native spirituality, took leave for religious reasons. She alleged that, when she returned to work, her supervisor made disparaging comments about her taking leave and her pay was docked.
Settlement:
Settlement between the parties, for undisclosed terms.
Ground(s): Age
Area: Employment
Allegation:
The complainant, a man in his mid-thirties, had worked for the same radio station for several years. He alleged that he was dismissed from his employment because the station wanted to attract a younger audience and felt he was too old. He said that the station did not give him a chance to prove his ability to attract and retain a new audience.
Settlement:
Letter of regret.
Donation in the name of the complainant to an industry charity.
Review of staffing policies, in consultation with the Commission.
Sexual Orientation
Area: Employment
Employment Ground(s): Sexual orientation
Area: Employment
Allegation:
The complainant, who is gay, alleged that a co-worker made derogatory comments about him. He brought his concerns to the attention of management, but nothing was done to correct the situation.
Settlement:
Reaffirmed commitment to the Canadian Human Rights Act and the respondent’s own anti-harassment policy.
Agreement from the respondent to deal with harassment complaints appropriately.
Ground(s): Sexual orientation
Area: Employment
Allegation:
The complainant, who is a lesbian, alleged that she was harassed by a co-worker. She complained to her supervisors but felt the complaint was not investigated properly. She alleged that she was given a poor performance review because of her complaint and that her request for a transfer to another work site was denied.
Settlement:
Letter of apology.
Financial compensation for pain and suffering.
Transfer to another work site.
Meeting with employer’s harassment coordinator to talk about the complainant’s experiences with the internal complaint process.
Pardoned Conviction
Area: Employment
Employment Ground(s): Pardoned conviction
Area: Employment
Allegation:
The complainant alleged that he was required to disclose information about his pardoned conviction as a condition of employment, and that his employment was terminated as a result.
Settlement:
Financial compensation for general damages.
Changes to policies regarding disclosure of information related to pardoned convictions.