SETTLEMENT EXAMPLES FOR 2007
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 was diagnosed with depression and took time off work. He alleged that his employer refused to accommodate his return to work. As a result, he remained off work and without income for some time.
Settlement:
Financial compensation for lost wages and for general damages.
Two months of outplacement services.
Ground(s): Disability
Area: Employment
Allegation: The complainant was diagnosed with lymphoma. His job required heavy lifting and the complainant asked to be given lighter duties. He alleged that his employer refused to accommodate his disability. No other work was found for him and after a period of inactivity his employment was terminated.
Settlement:
Financial compensation for lost of wages and for pain and suffering.
Financial compensation for general damages and for out-of-pocket expenses.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from a stress-related illness and from migraine headaches. She alleged that her employer terminated her employment because she took too many sick leaves.
Settlement:
Financial compensation for pain and suffering.
Amended record of employment.
Letter of reference.
Ground(s): Disability
Area: Employment
Allegation: The complainant was employed as a computer specialist. She was diagnosed with depression and took time off work. She alleged that her employer refused to accommodate her disability and terminated her employment.
Settlement:
Financial compensation for out-of-pocket expenses.
Ground(s): Disability
Area: Employment
Allegation: The complainant has a neurological disability that affects his memory. He alleged that his employer refused to accommodate his disability and eventually terminated his employment.
Settlement:
Financial compensation for lost wages and for pain and suffering.
Financial compensation for legal fees.
Ground(s): Disability
Area: Employment
Allegation: The complainant was a forklift operator in a warehouse and was diagnosed with multiple sclerosis. She asked to be given alternative duties after her doctor advised her to stop driving a forklift. She alleged that her employer refused to accommodate her and forced her to stay home.
Settlement:
Reinstatement of sick leave.
Ground(s): Disability
Area: Employment
Allegation: The complainant is a recovering cancer patient. She alleged that she was not accommodated in a position on the night shift that she felt was more suitable, given her medical condition. As a result, she was forced to take leave without pay.
Settlement:
Compensation for lost wages.
Agreement by the complainant to resign.
Ground(s): Disability
Area: Employment
Allegation: The complainant advised his supervisor that a colleague was harassing him. He was later diagnosed with burnout and took time off work. He alleged that his employer failed to accommodate his return to work because it ordered him to return to his former work environment, contrary to recommendations made by his physician and the employer’s specialist. Consequently, the complainant never returned to work.
Settlement:
Financial compensation for pain and suffering.
Commitment from the complainant to never apply for a job with that employer.
Ground(s): Disability
Area: Employment
Allegation: The complainant, who was employed as an aviation specialist, was diagnosed with multiple sclerosis and took time off work on long-term disability leave. He alleged that his employer did not facilitate his return to work from leave and failed to accommodate him because it refused to adapt his work schedule to part-time work.
Settlement:
Salary continuation for 15 months, followed by retirement at the end of the salary continuation period.
Continued access to the work site as a visitor.
Plaque recognizing the complainant’s contributions to his workplace.
Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that, while he was absent from work due to back problems, his co-workers spread a rumour that he had a mental illness. Following his return, this situation made the work environment very difficult for him and affected his work performance. His employer refused to accommodate his request for a transfer and, as a result, the complainant resigned his position.
Settlement:
Financial compensation for general damages.
Letter of verification of employment.
Ground(s): Disability
Area: Employment
Allegation: The complainant, a research officer, was diagnosed with bipolar affective disorder and had to take time off work. She alleged that upon her return to work, her employer failed to accommodate her disability, reduced her hours of work and pressured her to take early retirement.
Settlement:
Financial compensation for general damages and for legal fees.
Agreement that the complainant will retire.
Agreement that the employer will apply for a waiver of pension reduction.
Letter of reference.
Ground(s): Disability
Area: Employment
Allegation: The complainant, a sales representative, was diagnosed with chronic fatigue syndrome, fibromyalgia and multiple sclerosis. She alleged that after she was denied long-term disability benefits by the group insurer, her employer failed to accommodate her and terminated her employment.
Settlement:
Financial compensation for general damages.
Free transportation services for the complainant for three years.
Correction of the employer’s procedural deficiencies in the management of disability cases.
Ground(s): Disability
Area: Employment
Allegation: The complainant, an administrative assistant, suffers from severe back pain caused by an earlier car accident. She alleged that her request for an ergonomic workstation was not adequately accommodated and that her employment was terminated because of her absences for medical reasons.
Settlement:
Compensation for general damages.
Letter of apology.
Ground(s): Disability
Area: Employment
Allegation: The complainant, a newly promoted night-shift supervisor, began to suffer from a sleep disorder. She alleged that her employer failed to accommodate her in a day-shift supervisory position and instead returned her to her former part-time day-shift position.
Settlement:
Appointment to a day-shift position in a supervisory capacity.
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that her employer failed to accommodate her disability because it did not respect her work restrictions. She also alleged that a supervisor referred to her as a whiner and that a colleague made inappropriate remarks that made her feel threatened. She said her employer took no action after she complained. She eventually had to take sick leave.
Settlement:
Assignment to another work location.
Financial compensation for lost wages.
Graduated return to work.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from a gastrointestinal disorder. She alleged that her
employer didn’t properly accommodate her when she returned to work after a period of
sick leave.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that her employer discriminated against her because she has a mental disability. She alleged that she did not get a bonus after being off on long-term sick leave.
Settlement:
Agreement that the complainant will resign.
Compensation for lost wages for 14 months (in lieu of notice), provided the complainant does not find equivalent employment.
Financial compensation for pain and suffering.
Provision of independent career counselling.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from HIV/AIDS. He alleged that he was put under a great deal of stress due to a combination of extra work demanded by the employer and important doses of medications he was taking. He eventually had to book sick leave. Consequently, the employer threatened disciplinary action and the complainant was unable to work for some time.
Settlement:
Recognition of the complainant’s medical issues by the employer.
Agreement by the parties regarding how to book leave for medical reasons in the future.
Financial compensation for 10 days of lost wages.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from depression. She was employed for two years before going on sick leave. She alleged that while she was on leave, her employment was terminated on the grounds that she had abandoned her position. Subsequently, the complainant applied for a position and was rehired. When it was discovered that her employment was previously terminated, the job offer was withdrawn. The complainant also alleged that the employer’s representative made derogatory remarks about her disability and that the withdrawal of the job offer caused her more stress.
Settlement:
Financial compensation for pain and suffering.
Amendment of employer’s records to show that the complainant resigned from her position.
Training of the employer’s representative regarding the appropriateness of questions regarding an individual’s disability.
Letter of apology.
Ground(s): Disability
Area: Employment
Allegation: The complainant was employed for four months when he suffered an injury on the job. He said that he asked for an accommodation, but that his employer refused and eventually terminated his employment.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant filed a complaint on behalf of her son. She alleged that he was denied workplace training because of his food allergies.
Settlement:
Provision of training.
Accommodation of the son’s food allergies.
Ground(s): Disability
Area: Employment
Allegation: The complainant was required to train and test on a forklift. She alleged that, because she was born with one hand, she was treated differently during the training and testing.
Settlement:
Provision of training, instruction and testing to the complainant.
Reinstatement of 25 sick days.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from fibromyalgia. She alleged that her employer treated her adversely, failed to accommodate her and terminated her employment.
Settlement:
Retroactive reinstatement of employment.
Financial compensation for lost wages and for general damages.
Financial compensation for legal expenses.
Payment of annual bonus.
Career counselling services.
Letter of reference.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from depression. He alleged that he was denied a job because of his disability. Subsequently, the employer recognized that an error had been made and the complainant was offered a position.
Settlement:
Financial compensation for lost wages and for lost pension contributions.
Ground: Disability
Area: Employment
Allegation: The complainant, who suffers from depression and anxiety, alleged that her employer did not accommodate her disability after being informed of her medical condition. Instead, her performance was closely monitored and eventually her employment was terminated.
Settlement:
Financial compensation for general damages.
Ground(s): Disability
Area: Employment
Allegation: The complainant alleged that she was not accommodated upon her return from long-term disability leave, despite her doctor’s recommendations. The complainant alleged that her employment was threatened and that, as a result, she suffered a nervous breakdown.
Settlement:
Agreement by the employer to speed up its response to future issues related to complainant-manager working relationships.
Financial compensation for lost wages and for pain and suffering.
Ground(s): Disability
Area: Employment
Allegation: The complainant, a truck driver, suffered a back injury. He alleged that after he returned to work with a medical accommodation and then re-injured himself, his employer did not accommodate him and he did not receive disability benefits for a month.
Settlement:
Financial compensation for general damages.
Letter of regret.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from macular degeneration. She alleged that she was not accommodated at work with visual aids and that her employment was terminated as a result of her visual disability.
Settlement:
Financial compensation for pain and suffering and for long-term disability benefits.
Payment of a retirement allowance.
Payment of interest.
Ground(s): Disability
Area: Employment
Allegation: The complainant was hired as an administrative assistant. She alleged that after three days in her new job with the employer, someone reported smelling alcohol on her breath and her employment was subsequently terminated.
Settlement:
Financial compensation for lost wages equivalent to 14 weeks of her salary.
Ground(s): Disability
Area: Employment
Allegation: The complainant worked for a railway for 18 years, three of them as a manager. He was diagnosed as suffering from depression and was off work for two years. He alleged that when he was fit to return to work, his employer indicated that it could not accommodate him in his management position because his medical limitations required that he work in a non-stressful environment. He was offered a demotion to a blue-collar position, which he refused. Subsequently, his employer refused to accommodate him.
Settlement:
Financial compensation as general damages.
Agreement to work with a human resources advisor to find a position that meets the complainant’s medical requirements.
Ground(s): Disability
Area: Employment
Allegation: The complainant, a truck driver, began to suffer from high blood pressure, which prevented him from driving in the United States. He alleged that his employer terminated his employment after he requested a medical accommodation.
Settlement:
Financial compensation for lost wages and for general damages.
Financial compensation for medical expenses.
Reinstatement of disability benefits.
Ground(s): Disability
Area: Employment
Allegation: The complainant, an administrative assistant, alleged that a co-worker harassed her and threatened her physically. When she complained to her employer, no action was taken. Over time, she developed an anxiety disorder. She alleged that her employer refused to accommodate her. Finally, she quit her job on the advice of her doctor.
Settlement:
Financial compensation for lost wages and for general damages.
Agreement to update the orientation package for new employees, and to include information on the harassment policy and the internal complaint process.
Agreement to continue to train employees in harassment prevention and the code of ethics.
Ground(s): Disability
Area: Employment
Allegation: The complainant suffers from a depressive disorder. She alleged that she was off work for medical reasons and that her doctor requested that she not return to her current place of work. She requested a transfer to another branch and advised her employer that she would accept a lower paying job if required. She alleged that her employer failed to accommodate her and terminated her employment as a result of her work-related absence.
Settlement:
Financial compensation for general damages and for legal fees.
Ground(s): Disability
Area: Employment
Allegation: The complainant was diagnosed with rheumatoid arthritis while she worked as a supervisor for a parcel delivery employer. Her doctor recommended a change in her hours of work. The complainant alleged that her employer refused to provide her with the recommended accommodation, despite repeated requests. She eventually had to take disability leave.
Settlement:
Financial compensation for legal fees.
Salary continuance for six months.
Provision of information to the complainant on upcoming available positions.
Accommodation of the complainant when she is ready to return to work.
Ground(s): Disability
Area: Employment
Allegation: The complainant, who suffers from scoliosis, could only work standing up for short periods. Since her position required her to stand 90 percent of the time, she requested an accommodation in a similar job at a desk. The complainant alleged that her employer refused her transfer. Following this refusal, the complainant offered to accept a demotion to another position, but her offer was refused unless she competed for the position. Her employment was terminated a few weeks later. Although she was told the termination was due to her poor performance, the complainant alleged that she really lost her job because of her disability.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.
Ground(s): Disability, race, and national or ethnic origin
Area: Employment
Allegation: The complainant has a speech impediment and is black. He alleged that his manager mocked his speech and called him racially derogatory names. As a result, the complainant terminated his employment relationship with his employer.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability and family status
Area: Employment
Allegation: The complainant could no longer work at his position because of a hand injury. He alleged that his employer refused to provide him with alternative employment and offered him a job in a community where his child’s special needs could not be accommodated. His employment was subsequently terminated.
Settlement:
Financial compensation for pain and suffering and for lost wages
Financial compensation for legal fees and for medical expenses.
Ground(s): Disability and family status
Area: Employment
Allegation: The complainant, a customer service representative, alleged that he was harassed after one of his relatives, also employed by this employer, was fired for cause. He consequently experienced anxiety and depression at work, and his employment was terminated.
Settlement:
Financial compensation for general damages and for legal fees.
Letter confirming the complainant’s employment.
Provision of Services
Ground(s):
Disability
Area: Provision of services
Allegation: The complainant has a mobility impairment and uses a motorized scooter. He alleged that a service provider did not provide any accessible walkways on its property.
Settlement:
Identification of a trail that will be made accessible and agreement on an implementation deadline.
Race, Colour, National or Ethnic Origin, Religion
Area: Employment
Area: Provision of services
Employment
Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant alleged that her employer retaliated in response to a previous CHRC complaint. She alleged that she was singled out for excessive supervision and discipline, and that her hours of work were reduced. Eventually, her employment was terminated.
Settlement:
Training on human rights and workplace conflict for supervisors and staff.
Ground(s): Race, and national or ethnic origin
Area: Employment
Allegation: The complainant, who is Aboriginal, alleged that he was subjected to racist comments by his supervisor. He also alleged that he was treated in an abusive manner in front of colleagues and that his employment was eventually terminated.
Settlement:
Financial compensation for pain and suffering.
Sensitivity training for the supervisor and staff.
Letter of regret.
Ground(s): Race, national or ethnic origin, and colour
Allegation: The complainant is of Chinese origin. He alleged that on a recent flight, the airline withheld his Canadian passport for the duration of the flight because he was Chinese.
Settlement:
Financial compensation for general damages.
Ground(s): National or ethnic origin, and colour
Area: Employment
Allegation: The complainant, a Caucasian, alleged that her employer treated her differently than its Aboriginal staff. She alleged that her employer gave preferential treatment to Aboriginal employees and failed to provide a harassment-free work environment by not addressing incidents involving staff and clients, which led the complainant to quit her job.
Settlement:
Financial compensation for pain and suffering and for counselling.
Copy of the complainant’s personnel file to be provided to her.
Designation of a contact person for employment references.
Possibility of implementing a special program within the meaning of section 16 of the Canadian Human Rights Act.
Letter of apology.
Letter of reference.
Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant, a black woman of Jamaican origin, was employed in an administrative capacity. She alleged that her employment was terminated while she was in the probationary period due to her race, colour, and national or ethnic origin, rather than to her performance.
Settlement:
Financial compensation for general damages.
Ground(s): Race, and national or ethnic origin
Area: Employment
Allegation: The complainant filed a complaint in which he alleged retaliation for a complaint he had filed in the past. Also, he alleged that he was denied second-language training.
Settlement:
Pre-retirement transition leave for one year.
Cash out of vacation leave entitlements, use of sick leave credits and all other leaves.
Leave with pay for three months.
Bonus pay.
Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant’s mother is black and his father is white. He alleged that while disciplining him, his supervisor referred to him using racially derogatory language.
Settlement:
The supervisor will attend sensitivity training.
Ground(s): Race, colour, and national or ethnic origin
Area: Employment
Allegation: The complainant, who is black and of African origin, worked as a credit officer. He alleged that his employment was terminated and that he was harassed because of his colour, race and place of origin. The complainant was a new hire and alleged that his supervisors made comments regarding his place of origin and suggested that his English was not good enough for him to work with the public.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.
Ground(s): National or ethnic origin, race, religion, marital status and sexual orientation
Area: Employment
Allegation: The complainant, a single Caucasian Catholic, alleged that he was subjected to harassment and pranks by colleagues in relation to his religion and marital status, and also because he was perceived to be gay. He alleged that management did nothing to address the situation.
Settlement:
Financial compensation for pain and suffering.
Ground(s): National or ethnic origin, race, colour, family status and sex
Area: Employment
Allegation: The complainant, a white single mother, alleged that she was not given a pay raise, that her program was understaffed, that her mail was interfered with and that she was not given credit for her achievements. The complainant further alleged that colleagues and clients harassed her with vandalism and racist graffiti on her car, and that the general manager intimidated her. She eventually became ill from stress-related causes and left her employment.
Settlement:
Financial compensation for lost wages and for pain and suffering.
Financial compensation for moving expenses and for re-training costs.
Financial compensation for Employment Insurance repayments.
Ground(s): Race, colour, national or ethnic origin, and family status
Area: Employment
Allegation: The complainant, who is black, was employed in an administrative capacity. She alleged that after she took time off work to attend a relative’s funeral, her employment was terminated. Also, she alleged that her race, colour, national or ethnic origin, and family status were factors used by her supervisor in employment competitions.
Settlement:
Financial compensation for general damages and for legal fees.
Harassment training for employees and managers.
Outplacement counselling services.
Letter of reference.
Ground(s): National or ethnic origin, sex and colour
Area: Employment
Allegation: The complainant, a Caucasian woman, worked as a manager for an Aboriginal employer. She alleged that a senior manager encouraged the employees and the larger community to file a racial harassment complaint against her. She also alleged that she was sexually harassed while at work.
Settlement:
Financial compensation for pain and suffering and for legal fees.
Review of the employer’s policy on workplace discrimination and harassment.
Training on discrimination for staff.
Waiver of the confidentiality clause in order to use this case to educate the community.
Letter of apology.
Ground(s): Religion
Area: Employment
Allegation: The complainant, a Muslim, alleged that her employer refused to authorize her leave to participate in a religious event. Her employer required that she take annual leave instead.
Settlement:
Financial compensation for pain and suffering.
Identification of options for future requests to attend religious events.
Provision of Services
Ground(s): National or ethnic origin
Area: Provision of services
Allegation: The complainant, who is Aboriginal, alleged that a bank refused to cash his cheque and humiliated him publicly by unjustifiably calling in the police while he was waiting to complete his bank transaction.
Settlement:
Financial compensation for general damages.
Letter of apology.
Ground(s): Race, colour, and national or ethnic origin
Area: Provision of services
Allegation: The complainant, who is black, alleged that a financial institution treated him in a demeaning manner while providing service. The complainant went to the financial institution to open an account. He alleged that the representative was rude, made comments and behaved in a manner that implied people like him were not to be trusted. Although the account was opened, it was subsequently closed in a manner that caused him inconvenience and embarrassment.
Settlement:
Financial compensation for pain and suffering.
Anti-racism training at the location where the incident took place.
Commitment by the institution to ensure that the staff complement more accurately reflect the community it serves.
Sex, Marital Status, Family Status
Area: Employment
Area: Provision of services
Employment
Ground(s): Sex
Area: Employment
Allegation: The complainant became pregnant and announced to her supervisor that she would be taking maternity leave. She alleged that her supervisor subsequently refused to provide training or to consider her for promotions.
Settlement:
Financial compensation for pain and suffering.
Adjustment to salary to equal that of others of her rank.
Letter of verification of employment.
Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that she was forced to resign after a director sexually harassed her. She alleged that he asked for sex in exchange for a personal favour.
Settlement:
Reinstatement to her job with equivalent salary and benefits.
Financial compensation for lost wages and for pain and suffering.
Positive letter of reference.
Ground(s): Sex
Area: Employment
Allegation: The complainant worked in an administrative support capacity for a transportation company. She alleged that she was subjected to sexual remarks by colleagues and sexual advances by her supervisor. She later complained to her employer. She alleged it did not deal with her internal complaint appropriately and terminated her employment.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Allegation: The complainant, who worked as an office manager, alleged that a colleague sexually harassed her and she had to take sick leave as a result. She also alleged that her employer did not follow its own harassment policy, did not deal with her internal complaint appropriately and terminated her employment.
Settlement:
Financial compensation for pain and suffering and for medical expenses.
Letter of apology.
Letter of employment.
Ground(s): Sex
Area: Employment
Allegation: The complainant, who was a communications company executive, alleged that her employment was terminated after she requested a disability leave for her pregnancy.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that her manager made sexual advances towards her. After she objected, he began taking credit for her work and passed on inaccurate information about her to her new manager, which resulted in a poor performance appraisal. She later became pregnant and had to leave work due to complications related to her pregnancy. After she left, she was told that her employment was being terminated.
Settlement:
Financial compensation for lost wages and pain and suffering.
Financial compensation for legal fees.
Special financial compensation.
Letter of reference.
Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that her employer terminated her employment after learning she was pregnant.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that her supervisor sexually harassed her and that her employer reduced her period of employment after learning she was pregnant.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.
Letter of reference.
Training on harassment for all operational managers, including the supervisor involved.
Ground(s): Sex
Area: Employment
Allegation: The complainant worked in a warehouse and was one of only two female employees working there. She alleged that a colleague sexually harassed her and her female colleague by making inappropriate comments and exposing his backside. She alleged that her employer did not take appropriate measures and she eventually had to take sick leave.
Settlement:
Financial compensation for lost wages.
Ground(s): Sex
Area: Employment
Allegation: The complainant left on maternity leave. She alleged that during her absence, the employer hired one woman and two men in succession to fill her position and paid the male employees more than the female employees for doing the same job. When she was ready to return to work following her maternity leave, the complainant had discussions with her supervisor about her pay raise and he did not allow her to return to work.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Allegation: The complainant is a woman working in a non-traditional trade. She alleged that a colleague had sexually harassed her. She also alleged that after she reported the actions to her supervisor, the employer failed to act properly and she was laid off.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.
Reinstatement to her previous employment without loss of seniority.
Agreement by the employer to revise its policy on harassment.
Ground(s): Sex
Area: Employment
Allegation: The complainant alleged that her employer refused to offer her a two-week acting appointment in a supervisory position because she was pregnant. The employer informed her that her temporary work restrictions precluded her from doing the job.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Allegation: The complainant was employed in an administrative support capacity for several years. She alleged that she was given a temporary job in a non-traditional trade with the same employer but was forced to return to her administrative position after one week. She later learned that two men were hired to fill similar temporary positions immediately after she returned to her administrative position.
Settlement:
Financial compensation for general damages and for lost wages.
Ground(s): Family status
Area: Employment
Allegation: The complainant was within the probationary period of his employment when he requested temporary leave to care for his children while his wife was hospitalized with their newborn. He alleged that his employer refused his request for time off and forced him to quit his employment.
Settlement:
Reinstatement with probation deemed complete, with eligibility for benefits and full seniority.
Financial compensation for pain and suffering.
Letters of reference, confirmation of employment and expression of regret.
Agreement by the employer to implement new procedures for processing leave requests.
Ground(s): Marital status and family status
Area: Employment
Allegation: The complainant, who worked as a customer service agent for a bank, alleged that her employer refused to modify her shift-work schedule to accommodate her obligations as the single parent of a preschool child. She eventually had to leave her job.
Settlement:
Financial compensation for lost wages and for pain and suffering.
Provision of Services
Ground(s): Family status
Area: Provision of services
Allegation: The complainant alleged that she was discriminated against on the basis of her family status when she was denied certain benefits that would allow her to look after her critically ill sister.
Settlement:
Financial compensation for lost wages and for pain and suffering.
Amendment of procedures to expand the definition of family members to include sisters and brothers.
Age
Area: Employment
Employment
Ground(s): Age
Area: Employment
Allegation: The complainant, who is over 50, alleged that her employer considered her to be disabled, even though she had fully recovered from a heart attack. She was offered early retirement, which she declined. Subsequently, she was forced to retire. At that time, the head of the company was quoted as saying that managers were being offered early retirement packages in order to attract new blood.
Settlement:
Financial compensation for pain and suffering and for legal fees.
Financial compensation for other expenses.
Special compensation.
Ground(s): Age
Area: Employment
Allegation: The complainant, who worked for a communications company, alleged that she was forced to retire on her 65th birthday because her employer’s policy prevents employment past the age of 65. She also alleged that, in forcing her to retire before a labour dispute was settled, the employer denied her a significant signing bonus.
Settlement:
Financial compensation for general damages.
Agreement to consult with the union to address the mandatory retirement policy in the collective agreement.
Ground(s): Age
Area: Employment
Allegation: The complainant alleged that his position as a manager in a bank was eliminated and that he was forced to retire when he reached the age of 60. When he reapplied with the employer for a lower level position, he was not granted an interview. The complainant also alleged that the employer routinely forces employees to retire at age 60.
Settlement:
Financial compensation for general damages.
Letter of regret.
Sexual Orientation
Area: EmploymentArea: Provision of services Employment
Ground(s): Sexual orientation
Area: Employment
Allegation: The complainant, who is gay, alleged that his teaching contract was not renewed as a result of assessments completed by adult students containing homophobic remarks.
Settlement:
Offer of a teaching job for the next academic year.
Provision of Services
Ground(s):
Sexual orientation
Area: Provision of services
Allegation: The complainant filed four related complaints in which he alleged that material was posted on web sites that exposed homosexual persons to hatred and contempt.
Settlement:
Agreement to remove material from the web sites and not to post similar material in the future.
Agreement that the individual would participate in an educational seminar on human rights.
Letter of apology.
Ground(s): Sexual orientation
Area: Provision of services
Allegation: The complainant alleged that an individual was repeatedly posting messages on an Internet message board that were offensive and would expose homosexual people to hatred or contempt.
Settlement:
Donation to an organization serving gay youth.
Agreement to remove material from the message board and not to post similar material in the future.
Letter of apology.
Ground(s): Sexual orientation and marital status
Area: Provision of services
Allegation: The complainant is a male legally married to a man. He alleged that in one of its surveys, a service provider asked the surveyed persons to enter their marital status. Only heterosexual married couples were permitted to choose "married." Same-sex married couples had to select "other."
Settlement:
Agreement by the service provider to include the complainant and his spouse as observers in two different focus groups.
Opportunity for the complainant and his spouse to comment on the future wording of the surveys.