SETTLEMENT EXAMPLES FOR 2006

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.

Grounds of Discrimination

Disability
Race, Colour, National or Ethnic Origin, Religion
Sex, Marital Status, Family Status
Age
Sexual Orientation

Disability

Area: Employment
Area: Provision of services

Employment

Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from depression and anxiety. She alleged that while she was on disability leave, her employer eliminated her position and assigned her to a new position in another division at lower pay.
Settlement:Financial compensation for pain and suffering.Reimbursement of medical and dental expenses.Agreement to rehire the complainant when she is fit to return to work.Accommodation at work, if required.

Ground(s): Disability
Area: Employment
Allegation: The complainant injured her hand, which limited her ability to lift heavy objects. She alleged that her employer refused to accommodate her in her employment and refused to give her assignments for which she was qualified after she injured her hand.
Settlement:Financial compensation for pain and suffering.Agreement that the complainant is no longer fit for duty.Agreement that the complainant will not re-apply for employment.Retention of workers’ compensation rights.

Ground(s): Disability
Area: Employment
Allegation: The complainant suffered from depression. She alleged that her employer failed to accommodate her, threatened to terminate her employment and forced her to take early medical retirement.
Settlement:Financial compensation for pain and suffering.
Letter of apology.

Ground(s): Disability
Area: Employment
Allegation: The complainant has a voice disorder that makes it hard for her to speak. She alleged that her employer would not accommodate her by reducing the number of telephone calls she had to make every day and eventually terminated her employment.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.

Ground(s): Disability
Area: Employment
Allegation: The complainant worked a short week because she suffers from fibromyalgia. She alleged that her employer denied her bonuses and would not let her compete for promotion. The complainant went on disability leave.
Settlement:
Financial compensation for legal fees.
Confirmation that the complainant can return to her position when she recovers.

Ground(s): Disability
Area: Employment
Allegation: The complainant, who suffers from depression, short-term memory problems and sleep apnea, alleged that he was subjected to differential treatment, was denied accommodation and was terminated from his job because of his disability.
Settlement:
Financial compensation for pain and suffering and for lost wages.
Letter of reference.

Ground(s): Disability
Area: Employment
Allegation: The complainant has an anxiety disorder. She alleged that her union failed to represent her interests adequately when she filed a grievance against her employer. She said the union was more inclined to believe the employer’s side of the story because of her mental illness.
Settlement:
Financial compensation for legal fees.
Agreement to continue representing the complainant.

Ground(s): Disability
Area: Employment
Allegation: The complainant had a miscarriage, after which she required an accommodation. She provided medical documents recommending that she work in a different environment. The complainant alleged that the employer failed to accommodate her and eventually terminated her employment.
Settlement:
Financial compensation for lost wages and out-of-pocket expenses.
Monthly financial compensation until an offer of employment is made within a one-year period.
Agreement to conduct a medical assessment to assist the complainant in finding appropriate work.
Reinstatement of pension and seniority.

Ground(s): Disability
Area: Employment
Allegation: The complainant, a truck driver, alleged that his employer failed to accommodate him after he underwent knee surgery. He alleged that although he was declared fit to return with modified duties, he was not allowed to do so until many months later. His request for back pay, for the time that he was declared fit to return and the company did not have a job for him, was turned down.
Settlement:
Financial compensation for pain and suffering.
Agreement by the complainant to resign.
Agreement to purge the complainant’s personnel file.

Ground(s): Disability
Area: Employment
Allegation: The complainant has hepatitis C. He alleged that his employer discriminated against him by failing to accommodate his disability and by terminating his employment. He alleged that, while he was on medical leave, the employer relocated its facilities and eliminated his position. Another individual was hired for the same job and the employer did not offer an alternative position to the complainant.
Settlement:
Financial compensation for pain and suffering, and for legal fees and other expenses.
Agreement by the complainant not to pursue a claim for disability insurance benefits.
Agreement by the parties to refrain from making disparaging remarks about each other.

Ground(s): Disability
Area: Employment
Allegation: The complainant has stress-related illnesses. Her doctor recommended that she work in a less stressful position. The complainant alleged that she willingly accepted a lower paying and less stressful position; however, the employer gradually expected more of her and increased her duties, thereby aggravating her illnesses. The complainant went on disability leave and alleged that the employer continually called her regarding her return to work and even suggested she resign. The complainant alleged that her employer refused to accommodate her and eventually terminated her employment.
Settlement:
Financial compensation for pain and suffering, lost wages and interest.
Letter of reference.

Ground(s): Disability
Area: Employment
Allegation: The complainant worked as a airport officer. Her doctor recommended that she be given light duties because of her diabetes and asthma. The company refused to modify her duties and terminated her employment.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.

Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that co-workers harassed him because of his disability. He also alleged that a request for a leave of absence was denied, and a complaint made against him was handled inappropriately. As a result of these events, he began to experience symptoms of a psychiatric illness that had been well under control for some time. He resigned his employment for fear of getting fired.
Settlement:
Agreement to give the complainant first priority for employment in a temporary position.
Removal of a letter from the complainant’s personnel file.

Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that because of his medication for depression, the employer would not let him continue in his job as a driver and offered him a modified position in the maintenance area.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that the employer failed to accommodate her lengthy absences from work, which were due to unexpected illnesses and surgeries.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.
Gift certificate.

Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from clinical depression, nervousness and anxiety. She alleged that her employment was terminated because of her disabilities and not as a result of organizational change, as her employer indicated.
Settlement:
Financial compensation for general damages and for legal fees.

Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from Stickler syndrome (collagen deficiency). She alleged that the employer failed to accommodate her disability and consequently terminated her employment.
Settlement:
Financial compensation for general damages and for legal fees.
Severance pay.

Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that after he advised his employer that he had a drug addiction, his employment was terminated. He alleged that his employer advised him that he was a liability and it did not have a treatment program in place for employees.
Settlement:
Financial compensation for general damages.

Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that her employer failed to accommodate her because it refused to allow her to telework while her illness prevented her from working in the office. The employer indicated that her work was of a security-sensitive nature that did not permit telework.
Settlement:
Financial compensation for pain and suffering.
Agreement that the complainant would remain an employee for a specified period, with full salary.
Agreement that the complainant would request long-term disability leave upon termination of the specified employment period.
Letter of regret.

Ground(s): Disability
Area: Employment
Allegation: The complainant’s daughter applied for a summer job. She had been hired the previous year but had an epileptic seizure on the first day; as a result, her employment was not continued. When she reapplied, she was not hired for medical reasons.
Settlement:
Financial compensation for lost wages from the previous year.
Employment for the current year respecting the complainant’s medical limitations.
Agreement to accommodate any changes in limitations.
Letter of regret.

Ground(s): Disability
Area: Employment
Allegation: The complainant has a chronic pain condition that is aggravated by walking long distances. He informed his employer of this fact when he was hired, and he was offered a reserved parking spot. After a short period of time, this arrangement was revoked and he had to park further away, thereby aggravating his disability. He tried to resolve this issue with his employer, to no avail. His employer eventually terminated his employment, citing poor performance.
Settlement:
Financial compensation for lost wages and for pain and suffering.
Financial compensation for related expenses.
Letter of regret.

Ground(s): Disability
Area: Employment
Allegation: The complainant was granted sick leave due to the stress he was experiencing at work. He alleged that, when he was fit to return to work, the employer did not accommodate him because it did not assign him to another supervisor, as his doctor requested.
Settlement:
Financial compensation for lost wages.
Withdrawal of grievance.

Ground(s): Disability
Area: Employment
Allegation: The complainant, who suffers from depression, alleged that his employer did not accommodate his disability, disciplined him when he failed to meet deadlines and denied him promotional opportunities.
Settlement:
Financial compensation for pain and suffering and for legal fees.
Appointment to a suitable position.
Reinstatement of sick leave.
Reimbursement of disciplinary penalty.
Confirmation that a specified performance appraisal will not be referred to in future performance appraisals or for other personnel purposes.
Confirmation that the personal suitability report for a specific competition will not be referred to in future competitions or personnel matters.
Confirmation that the record of discipline regarding the complainant’s job ability is not part of his employment record.
Letter of regret.

Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that the respondent discriminated against him by not accommodating him with duties suitable to his medical restrictions due to a knee injury that he suffered at work. His employment was eventually terminated.
Settlement:
Financial compensation for general damages.

Ground(s): Disability
Area: Employment
Allegation: The complainant, who suffers from recurring episodes of depression, alleged that she was treated differently by being denied raises and promotions.
Settlement:
Financial compensation for general damages.
Agreement by the complainant to resign.

Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from bipolar affective disorder. He alleged that he was discriminated against when a regulatory agency’s doctor refused to grant him a marine medical certificate to work on board ships, because of his disability. The complainant ’s employer was unable to accommodate him with land-based duties.
Settlement:
Letter of regret.
Financial compensation for lost wages and for pain and suffering.
Financial compensation for expenses incurred.

Ground(s): Disability
Area: Employment
Allegation: The complainant, who suffers from a depressive disorder, alleged discrimination after the respondent restricted his ability to work at sea, following a change in its policy concerning people with certain disabilities who work aboard ocean-going vessels.
Settlement:
Financial compensation for pain and suffering.
Agreement to convene a hearing to reconsider the medical information.

Ground(s): Disability
Area: Employment
Allegation: The complainant had an alcohol and drug dependency and also suffered from depression. She alleged that, while she was on long-term disability leave, her position was abolished, and her employer failed to accommodate her and help her find a new job within the organization. Eventually, her employment was terminated.
Settlement:
Financial compensation for general damages and for legal fees.
Letter of regret.

Ground(s): Disability
Area: Employment
Allegation: The complainant worked as a truck driver. He alleged that his employer harassed him and terminated his employment because it perceived him to be mentally ill.
Settlement:
Financial compensation for general damages.

Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from depression. She alleged that her supervisor refused to accommodate her illness and harassed her to such an extent that her work environment became unbearable. She had no choice but to leave the workplace on stress leave.
Settlement:
Separation package.
Employment confirmation letter.
Extension of medical benefits.
Education allowance.

Ground(s): Disability
Area: Employment
Allegation: The complainant has cerebral palsy. She alleged that her manager did not accommodate her disability, made disparaging comments and terminated her employment.
Settlement:
Review of current practices related to the placement of potential employees with disabilities.
Agreement to discuss the alleged comments with the manager and to take appropriate action.

Ground(s): Disability
Area: Employment
Allegation: The complainant injured his shoulder. He alleged that his employer failed to accommodate him by terminating his employment because of excessive absenteeism. The respondent stated that the complainant worked only three months during his three years of employment. The respondent was not prepared to re-employ him.
Settlement:
Financial compensation for general damages.
Agreement from the complainant not to re-apply.

Ground(s): Disability
Area: Employment
Allegation: The complainant, who suffers from obsessive-compulsive disorder, alleged that he was denied employment with the respondent because his employer determined that he was medically inadmissible because of his disability.
Settlement:
Financial compensation for pain and suffering and for lost wages.
Financial compensation for legal fees and related expenses.
Reimbursement of medical expenses incurred to obtain a medical opinion.
Agreement that the complainant would complete an assessment of his ability to meet the common employment medical standards.
Letter of regret.

Ground(s): Disability
Area: Employment
Allegation: The complainant, a truck driver, injured his shoulder at work. He alleged that his employer terminated his employment because it did not want to accommodate his disability.
Settlement:
Letter of employment.

Ground(s): Disability
Area: Employment
Allegation: The complainant was off work for several months for a variety of reasons, including a stress-related illness. He alleged that he provided his employer with medical information supporting his time off. Despite that, his employer threatened to terminate his employment.
Settlement:
Financial compensation for general damages.
Agreement by the complainant to resign.

Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from lupus. She alleged that her employer put her into its attendance management program even though her absences were medically justified and there was ample evidence of her illness in her personnel file.
Settlement:
Agreement to amend the attendance management program to clarify the provisions related to employees with disabilities.
Reinstatement of four weeks of sick leave.
Removal of all reference to this complaint from the complainant’s records.

Ground(s): Disability
Area: Employment
Allegation: The complainant, who is diabetic, worked as a term employee and alleged that his employer failed to accommodate him by modifying his job duties. When his term ended, he was let go, although others had their term renewed or were offered permanent positions.
Settlement:
Financial compensation for pain and suffering.
Three-month term in a job more suited to the complainant’s medical requirements.
Appointment of a manager to mentor the complainant.

Ground(s): Disability and age
Area: Employment
Allegation: The complainant alleged that he was not hired because of his age and previous drug and alcohol problem. During the selection process, he was told that his age was "playing against him." He was 47 years old at the time. He further alleged that during a group meeting with 11 other applicants, he was the only one asked to step out of the room and questioned about his stay at a rehabilitation facility.
Settlement:
Agreement that the complainant can re-apply for employment once five years have elapsed since his last criminal conviction.
Confirmation that, once the complainant qualifies for employment, the employer will provide the accommodation required for any functional limitation that physicians identify.

Ground(s): Disability and age
Area: Employment
Allegation: The complainant is over 50 years old and suffers from diabetes. He worked for a radio station as an announcer. He alleged that his employment was terminated because of his age and disability, even though he had been cleared to return to work.
Settlement:
Financial compensation for lost wages, pain and suffering, and legal fees.
Financial bonus for appreciation of service.
Agreement by the complainant to resign.
Continuation of medical benefits and pension payments for a specified period.

Ground(s): Disability and age
Area: Employment
Allegation: The complainant, who is near retirement age, was diagnosed with costochondritis, epicondylitis and depression. She alleged that her employer discriminated against her by refusing to accommodate her based on her disabilities and terminating her employment.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.

Ground(s): Disability and sex
Area: Employment
Allegation: The complainant alleged that she was harassed by her supervisor, subjected to sexist comments and treated in an abusive manner. She also alleged that her employer failed to accommodate her disabilities after she was in a car accident.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Disability and sex
Area: Employment
Allegation: The complainant, who suffers from a back injury, alleged that her employer demoted her from her supervisory position and then terminated her employment, based on her injury and her gender.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Disability and sex
Area: Employment
Allegation: The complainant, who suffers from an elbow injury, alleged discrimination and differential treatment based on her gender and disability.
Settlement:
Financial compensation, to be used for the complainant’s university education.
Financial compensation for pain and suffering.

Ground(s): Disability and sex
Area: Employment
Allegation: The complainant, a transsexual, alleged that he was discriminated against when his employer did not offer him employment on the assumption that he required specialized medical services. The complainant had, in fact, completed the gender reassignment process and did not require medical treatment, only periodic follow-up.
Settlement:
Offer of employment.
Clarification of the respondent’s policy on medical requirements.

Ground(s): Disability, sex and sexual orientation
Area: Employment
Allegation: The complainant alleged that co-workers repeatedly harassed him based on his gender, his disability and the fact that he was perceived as being homosexual. He alleged that his employer did nothing to stop the harassment.
Settlement:
Financial compensation for legal fees.
Agreement by the complainant to resign, with payment of seven months’ salary upon resignation.
Letter of apology.

Ground(s): Disability and sexual orientation
Area: Employment
Allegation: The complainant suffers from anxiety and had a heart attack. He alleged that his employer did not accommodate his disability by giving him modified duties. He also alleged that his co-workers harassed him because they thought he was homosexual and his employer failed to deal with the situation.
Settlement:
Financial compensation for general damages.
Agreement by the complainant to resign.

Ground(s): Disability and race
Area: Employment
Allegation: The complainant, who is black, was disabled as a result of having had polio. He alleged that he was denied advancement, interviews and promotions because of his disability and colour. He alleged that non-black employees had better opportunities for advancement. He eventually resigned.
Settlement:
Financial compensation for general damages and for legal fees.

Ground(s): Disability, family status and sex
Area: Employment
Allegation: The complainant alleged that she was treated differently upon her return from maternity leave and was denied a raise. She was told that she could not do her job due to her family obligations. As a result, the complainant resigned.
Settlement:
Financial compensation for lost wages and for pain and suffering.

Provision of Services

Ground(s): Disability
Area: Provision of services
Allegation: The complainant alleged that a television network discriminated against him and other deaf viewers by not using closed captioning on all its broadcasts. The complainant cited specific instances of missing captions or poor-quality captioning.
Settlement:
Agreement to consult organizations representing the deaf community regarding issues of accessibility.
Agreement that the complainant could disclose the terms of settlement to specified organizations in preparation for consultations.

Ground(s): Disability
Area: Provision of services
Allegation: The complainant has a visual impairment. He alleged that a transportation company denied him service and accommodation. He was subjected to inappropriate questions about his disability, asked to pay extra to travel with his guide dog and a sighted assistant, and ultimately denied service.
Settlement:
Financial compensation for general damages.
Letter of introduction for the complainant to use when accessing services in the future.
Agreement to include human rights and the duty to accommodate in the transportation company’s new training program for staff.

Race, Colour, National or Ethnic Origin, Religion

Area: Employment
Area: Provision of services

Employment

Ground(s): National or ethnic origin, colour and religion
Area: Employment
Allegation: The complainant, a Sikh of East Indian origin, alleged discrimination, harassment and differential treatment leading to termination of employment.
Settlement:
Financial compensation for pain and suffering.
Purging of all references to the matter from the complainant’s personnel file.
Confirmation that cultural diversity training was provided to all employees.
Letter of regret.

Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant, a Caucasian woman who was employed by an Aboriginal band, alleged that she was treated differently than other workers and was harassed during her employment.
Settlement:
Amendment to the human resources policy on harassment and discrimination.
Agreement by the respondent to provide training on harassment and discrimination.
Revision to the complainant’s job description to include more details about the duties of the position.
Increase to the complainant’s salary to bring it into line with other professional jobs in the community.
Letter of apology.
Letter of reference.

Ground(s): Race, national or ethnic origin, and sex
Area: Employment
Allegation: The complainant, an Aboriginal woman, alleged that she was subjected to harassment in the workplace. She said a manager implied she was a second-class citizen because of her status as a First Nations person.
Settlement:
Financial compensation for pain and suffering.
Agreement by the complainant to resign.

Ground(s): Race, national or ethnic origin, colour, and sex
Area: Employment
Allegation: The complainant alleged that the respondent did not select her for employment or membership in the union because she is an Aboriginal woman. She stated that while she was completing assessment exams during the screening process, one of the presenters made a remark about "Indians" that she felt was inappropriate. Her concentration was affected as a result of this incident and her test performance suffered. She was subsequently informed that she would not be considered further for employment.
Settlement:
Invitation to the complainant to participate in future job recruitment.
Letter of apology.

Ground(s): National or ethnic origin, and sex
Area: Employment
Allegation: The complainant was a casual seasonal employee and worked as an equipment operator. She alleged that during her employment her co-workers harassed her, sabotaged her work and refused to work with her because she is a Métis woman. She also alleged that she was singled out for harsher discipline over incidents at work.
Settlement:
Financial compensation for general damages, pain and suffering, and expenses incurred.

Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegations: The complainant, a Caucasian who worked for an Aboriginal organization, alleged that she was one of three non-Aboriginal employees laid off without notice by the employer. She also alleged that three Aboriginal employees in her department were not laid off.
Settlement:
Financial compensation for pain and suffering and general damages.
Letter of regret.
Commitment by the employer to hire a human resources manager and develop formal human resources policies reflecting human rights principles.

Ground(s): National or ethnic origin
Area: Employment
Allegation: The complainant, an individual of Pakistani origin, alleged that his employer refused to continue to employ him because of his national or ethnic origin. He alleged that as part of his training, he was required to successfully complete simulation exercises and pass an interview to determine his personal suitability. During the simulation exercises, the evaluators gave him less attention than non-Pakistani participants and asked him questions of a personal nature.
Settlement:
Re-enrolment in the training program.
Waiver of the aptitude test and tuition fees.

Ground(s): Race, colour, national or ethnic origin, and family status
Area: Employment
Allegation: The complainant, a Caucasian working as a relief worker, gained Indian status through marriage. She alleged that she was not called for some shifts because she is Caucasian, while relief workers hired after her were called. She also alleged that after a dispute involving her son and a relative of the supervisor and two other staff members, she was not recalled for work.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Religion
Area: Employment
Allegation: The complainant, who is Christian and worked for an Aboriginal organization, alleged that his employment was terminated because he refused to participate in traditional practices of the employer.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.

Ground(s): Race, colour, national or ethnic origin, and disability
Area: Employment
Allegation: The complainant, a black African who has a depressive disorder, alleged discrimination in employment after he was spoken to in an abusive manner, subjected to differential disciplinary treatment and dismissed from his employment. The complainant also alleged the respondent failed to provide a workplace free of harassment.
Settlement:
Financial compensation for general damages and for legal fees.
Agreement by the complainant to withdraw a related complaint against an individual.
Letter of regret.

Ground(s): National or ethnic origin
Area: Employment
Allegation: The complainant, who is of British origin, alleged discrimination in employment on the basis of national or ethnic origin after the respondent refused to communicate with him in English and treated him differently than Canadian-born employees.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.

Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant alleged that her employer paid her less than her co-workers because she is black and from Africa.
Settlement:
Commitment to open and honest communication between the complainant and her manager.
Commitment not to retaliate against the complainant.
Provision of coaching, counselling and feedback to help the complainant improve her work performance.

Ground(s): Race and sex
Area: Employment
Allegation: The complainant, a woman of Asian origin, alleged that she was denied a promotion and given an entry-level job because of her sex and because she is a recent immigrant to Canada.
Settlement:
Financial compensation for general damages.
Severance package.
Outplacement services.

Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant, who is black, alleged that her supervisor treated her differently than other staff. She alleged that he made racist remarks about certain clients and failed to assist her in her work.
Settlement:
Financial compensation for pain and suffering.
Consideration of the complainant’s views on the respondent’s anti-harassment policy.
Letter of regret.

Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant, who is originally from the Philippines, alleged that his supervisor treated him differently than other employees by reducing his work hours and eventually terminating his employment. He also alleged that he was exposed to racist remarks from co-workers.
Settlement:
Financial compensation for legal fees.
Donation to a charity of the complainant’s choice.
Review of the respondent’s policies to ensure compliance with human rights principles.

Provision of Services

Ground(s): Race, family status, national or ethnic origin, and sex
Area: Provision of services
Allegation: The complainant, a black woman of African origin, alleged that she was treated differently at a border crossing. She alleged that she was unnecessarily delayed, missed her train and had to board a bus to return home.
Settlement:
Removal of the complainant’s name from the database regarding a specific incident.
Financial compensation for the complainant’s out-of-pocket expenses.

Ground(s): Race, colour, and national or ethnic origin
Area: Provision of services
Allegation: The complainant, an individual of East Indian origin, alleged that a federal agency singled him out for arrest, handcuffed him and harassed him because of his colour and national or ethnic origin. He was arrested for possession of an illegal substance while he was carrying prescription drugs for his mother. He was strip searched and the police were contacted.
Settlement:
Financial compensation for out-of-pocket expenses.
Removal of the complainant’s name from the database regarding a previous incident.

Ground(s): Race, and national or ethnic origin
Area: Provision of services
Allegation: The complainant is of Chinese origin. She alleged that a bus driver refused to give her a transfer ticket, was rude to her and used derogatory language in reference to her race. She said he treated her this way on two separate occasions.
Settlement:
Financial compensation for pain and suffering.
Sensitivity training for the bus driver.
Individual sessions for the driver with a human rights consultant.

Sex, Marital Status, Family Status

Area: Employment
Area: Provision of services

Employment

Ground(s): Sex
Area: Employment
Allegation: The complainant, a mail sorter, alleged that her pregnancy was not accommodated. Her manager refused to provide her with an office position while she was pregnant.
Settlement:
Review by a neutral party of the working relationship between the complainant and her manager, six months after the complainant’s return from maternity leave.
Commitment not to retaliate against the complainant for filing a complaint.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that a colleague sexually harassed her. She ended up resigning from her position.
Settlement:
Financial compensation for general damages.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that a male co-worker harassed her by touching her and making inappropriate comments.
Settlement:
Financial compensation for pain and suffering.
Agreement that communications between the complainant and the co-worker will be for business purposes only.
Review of corrective measures available to women in the workplace.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that she was sexually harassed at work. In addition, she alleged that after she reported the harassment, her shifts were changed and her employment was terminated.
Settlement:
Financial compensation for general damages.
Severance package.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that her employer did not accommodate her pregnancy-related disability and subsequently terminated her employment.
Settlement:
Agreement to rehire the complainant when she is ready to return to work.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that her employer treated her differently than male employees regarding requests for time off for medical appointments, for extensions to complete work assignments and for sick leave.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that her employer terminated her employment because she took sick leave related to her pregnancy.
Settlement:
Financial compensation for pain and suffering, and for lost wages.

Ground(s): Sex
Area: Employment
Allegations: The complainant alleged that her employer discriminated against the predominantly female clerical and associated job classes by paying them less, for work of equal value, than employees in the predominantly male craft and services job classes.
Settlement:
Agreement by the employer to retain and pay for a consultant with expertise in pay equity analysis.
Job evaluation process conducted by a consultant, as discussed and agreed upon by the parties.
Agreement by the employer to address any identified wage gaps within a reasonable time frame.

Ground(s): Sex
Area: Employment
Allegations: The complainant alleged that she was let go during the probationary period because she was pregnant and not because of her performance.
Settlement:
Financial compensation for general damages.
Letter of reference.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that she was subjected to harassment of a sexual nature. She was forced to resign because her employer did not respond appropriately to her complaints.
Settlement:
Financial compensation for general damages.
Letter of confirmation of employment.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that she was constructively dismissed when she returned from maternity leave.
Settlement:
Financial compensation.
Letter of reference.

Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that she was sexually harassed by a male co-worker, who used inappropriate language and gestures, despite her repeated requests for him to stop. In a second complaint against the employer, she alleged that she was not provided with a work environment free of harassment and was subjected to discipline by her employer.
Settlement:
Training on harassment and discrimination to be provided to management staff.
Removal of a disciplinary letter from the complainant’s personnel file.
Letter of regret from the co-worker.
Letter of reference.

Ground(s): Sex and disability
Area: Employment
Allegation: The complainant alleged that she was denied employment because of her sex. She applied for a position and after successfully completing written exams and training, she injured her arm. The complainant stated that she was sent home and not allowed to continue with the application process. She alleged that the injury was minor and that the employer took advantage of the situation to deny her a job because it did not want to hire women.
Settlement:
Agreement to continue the application process and retain the portions of the testing already completed.

Ground(s): Sex and sexual orientation
Area: Employment
Allegation: The complainant, a senior driver, is transgendered. She alleged that she was subjected to offensive comments from co-workers and superiors who perceived her as gay. She alleged differential treatment because she was passed over for a preferred route, which was given to a junior employee. She further alleged that the reason given for her employment termination—absenteeism—was a pretext. Although the employer agreed to reinstate her, she was not willing to return to work unless action was taken to address the harassment in the workplace.
Settlement:
Agreement by the complainant to resign.
Financial compensation for general damages.

Ground(s): Sex and family status
Area: Employment
Allegation: The complainant alleged that she was not allowed to pick vacation time in order of seniority because she was on maternity leave. She further alleged that while she was still on maternity leave, the employer eliminated her position and did not offer an alternative position.
Settlement:
Financial compensation for pain and suffering, and for lost wages.
Financial compensation for legal fees and for training.
Performance bonus.
Letter of regret.
Letter of reference.

Ground(s): Marital status
Area: Employment
Allegation: The complainant alleged that she was screened out at the interview stage for an enforcement officer position, because her husband had bailed out a friend who was arrested for possession of drugs.
Settlement:
Letter of apology, including commitment to fairness in future hiring processes.
Financial compensation for pain and suffering.

Ground(s): Marital status and family status
Area: Employment
Allegation: A husband and wife alleged that their common employer discriminated against them because they are married to each other. The promotion of one spouse was delayed specifically because it would require spousal relocation.
Settlement:
Agreement to make the promotion effective retroactively, with pay, benefits, pension and service records adjusted accordingly.

Provision of Services

Ground(s): Marital status
Area: Provision of services
Allegation: The complainant alleged that she was denied a loan under a government program because her husband’s income was taken into account, but not their combined loan debt.
Settlement:
Financial compensation for pain and suffering.
Reimbursement of out-of-pocket expenses.
Interest on loans over the course of one year.

Age

Area: Employment
Area: Provision of services

Employment

Ground(s): Age
Area: Employment
Allegation: The complainant, a current employee, applied for a transfer to a position in another area of the company. He alleged that he was denied progression to the interview stage of the competition because he was over 50 years old.
Settlement:
Agreement to advance the complainant to the interview stage and, if he is successful, to place him as an alternate in the next training class.

Ground(s): Age
Area: Employment
Allegation: The complainant, aged 54, alleged that his employer refused to consider him for promotion because he is over 50 years old.
Settlement:
Financial compensation for general damages.
Letter of apology.

Ground(s): Age
Area: Employment
Allegation: The complainant, who is 68 years old, alleged discrimination after a prospective employer refused to hire him based on his age.
Settlement:
Financial compensation for general damages.
Letter of regret.

Provision of Services

Ground(s): Age
Area: Provision of services
Allegation: The complainant alleged that investment information is no longer available online at his bank once customers reach the age of 69, and that they are required to change their registered retirement savings plans to registered retirement investment funds (RRIFs).
Settlement:
Special arrangements with the complainant’s branch, as a short-term measure, to enable the complainant to get Internet service.
Provision of full Internet service within the next eight to 12 months to customers with RRIFs.
Agreement to advise the complainant of the approximate date online services will be available.

Sexual Orientation

Area: Employment

Employment

Ground(s): Sexual orientation
Area: Employment
Allegation: The complainant alleged that he was treated differently and that his employment was terminated because he is gay.
Settlement:
Financial compensation for pain and suffering.
Clarification of the in-house policy on the display of personal materials at work.
Workplace training for all supervisory personnel.
Letter of reference.

Ground(s): Sexual orientation
Area: Employment
Allegation: The complainant alleged that his female manager made sexual overtures towards him. When she learned that he was gay, her attitude changed and became hostile. The manager and one of her colleagues began making suggestive comments and rude gestures. He complained, but his employer failed to address the situation to provide him with a harassment-free workplace. The complainant eventually took sick leave because he found the situation intolerable.
Settlement:
Financial compensation equivalent to two weeks’ pay and for legal fees.
Transfer of the complainant to another unit within the same department.
Agreement that the complainant will receive full pay while the employer finds a suitable position.

Ground(s): Sexual orientation
Area: Employment
Allegation: The complainant alleged that she was the subject of offensive remarks related to her sexual orientation. She complained to her manager but nothing was done. She eventually took time off work.
Settlement:
Financial compensation for pain and suffering.
Reimbursement of sick leave credits and related expenses.
Review of policies and procedures.
Anti-harassment training for all employees.