SETTLEMENT EXAMPLES FOR 2008
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
Sector: Other
Allegation: The complainant, who is diabetic and has blurred vision, worked in the same position for eight years and was considered a good employee. Following a downsizing exercise, she was moved to a new job. In her new position, she began making errors for which she was disciplined. She alleged that, despite her doctor’s opinion that her disability was affecting her work, her employer did not accommodate her and terminated her employment.
Settlement: Financial compensation for general damages.
Letter of employment.
Ground(s): Disability
Area: Employment
Sector: Communications
Allegation: Shortly after he was hired, the complainant began experiencing arthritis in his legs. His doctor recommended a partial hip replacement and asked that the employee be given sedentary work while awaiting the surgery. The complainant alleged that his request for accommodation was denied and that his manager began harassing him and treating him differently. He began having anxiety attacks and eventually quit his job.
Settlement: Financial compensation for general damages.
Letter of employment.
Ground(s): Disability
Area: Employment
Sector: Separate federal agency
Allegation: The complainant could not perform some of his job duties because he has bursitis and limited use of one hand. He alleged that his employer accommodated his disability for a period and then refused to continue to do so.
Settlement: Return to work on a gradual basis.
Reassessment of the accommodation the complainant requires.
Ground(s): Disability
Area: Employment
Sector: Transportation
Allegation: The complainant worked on a ship. He alleged that his medical fitness certificate was revoked when it became known that he took medication for bipolar disorder.
Settlement: Financial compensation for lost wages and interest.
Financial compensation for pain and suffering.
Reinstatement of the fitness to work certificate.
Ground(s): Disability
Area: Employment
Sector: Transportation
Allegation: The complainant alleged that his employment was terminated when he returned to work following a workers’ compensation claim for a knee injury.
Settlement: Financial compensation for lost wages.
Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation: The complainant has Tourette syndrome and a learning disability. He accepted a job as a casual labourer at some distance from his home townbecause he thought it would lead to a permanent position. He alleged that his employer did not accommodate him and eventually terminated his employment. He had to move back to his home town.
Settlement: Financial compensation for pain and suffering and for moving expenses.
Re-employment under a term contract.
Ground(s): Disability
Area: Employment
Sector: Transportation
Allegation: The complainant had worked for two years in administrative support for a small airline. She underwent a hysterectomy and returned to work with lifting and mobility restrictions. Soon after her return, her employment was terminated.
Settlement: Financial compensation for general damages.
Ground(s): Disability, age
Area: Employment
Sector: Separate federal agency
Allegation: The complainant was refused employment as a pilot despite his qualifications. He alleged that he was denied the opportunity because of his age and because his vision has been corrected with ocular implants rather than corrective lenses.
Settlement: Withdrawal of the complaint after the complainant was allowed to participate in pre-employment testing.
Ground(s): Disability
Area: Employment
Sector: Banking
Allegation: The complainant, a banking assistant, suffered an injury at work that left her with limitations in one hand. She alleged that her employer failed to accommodate her disability when she was ready to return from an extended medical absence, resulting in the loss of her employment.
Settlement: Financial compensation for pain and suffering and for lost wages.
Ground(s): Disability
Area: Employment
Sector: Federal government
Allegation: The complainant worked for 30 years for the same employer as a manager and had developed an alcohol dependency. After being made aware of his disability, his employer made arrangements for detoxification therapy, which was successful. The complainant alleged that upon learning that he had become inebriated during a work-related social gathering, his employer forced him to resign.
Settlement: Financial compensation for lost wages and for general damages.
Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation: The complainant sustained an injury at work during a training program. She alleged that, because the employer did not accommodate her, she was unable to complete the program. As a result, her contract was not renewed.
Settlement: Financial compensation for lost wages and for general damages.
Ground(s): Disability
Area: Employment
Sector: Communications
Allegation: The complainant injured her legs and wrist at work. After a period of leave, she was declared fit to return to work with accommodation. She alleged that her employer refused to accommodate her and, as a result, she could not return to work.
Settlement: Return to work with accommodation.
Financial compensation for pain and suffering.
Financial compensation for the salary of the complainant’s support person attending the mediation.
Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation: The complainant, who has a mental disability, applied for a professional position. He alleged that the employer failed to accommodate his disability during the hiring process, ending his candidacy prematurely. The position required that he attend a training program over the summer in order to start work in the fall. Because he needed more time to complete the training, he did not graduate by the end of the summer and was consequently screened out of the competition.
Settlement: Financial compensation for general damages.
Changes to the hiring process to allow for this type of accommodation.
Letter of apology.
Ground(s): Disability, race
Area: Employment
Sector: Other
Allegation: The complainant is a non-Aboriginal person who was employed as a special education teacher on a reserve. She alleged that she was subjected to rude, belittling and humiliating comments and denied opportunities to attend work-related workshops. She also alleged that her employer failed to accommodate her when she returned to work after surgery by asking her to perform duties for other employees. In the end, her employment was terminated.
Settlement: Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Sector: Other
Allegation: The complainant suffers from fatigue. She alleged that, against her doctor’ s recommendation, her employer made her work extra hours and refused to give her time off to attend medical appointments. She alleged that her employment was terminated without cause.
Settlement: Reinstatement of the complainant in her position with retroactive benefits. Long-term disability benefits until retirement.
Retirement bonus of three months’ salary.
Financial compensation for legal costs.
Ground(s): Disability
Area: Employment
Sector: Transportation
Allegation: The complainant has an inflammatory rheumatic disease that causes arthritis of the spine. He alleged that he was offered employment as a pilot subject to the results of a medical exam. After the exam, the offer was rescinded, despite a medical certificate declaring him fit to fly.
Settlement: Financial compensation for general damages and for pain and suffering.
Financial compensation for legal costs.
Offer to hire the complainant for the next available pilot position.
Ground(s): Disability
Area: Employment
Sector: Transportation
Allegation: The complainant was injured at work, resulting in a permanent disability. She returned to work with medical requirements that the respondent largely respected. However, when she re-injured herself a few years later, she alleged that her employer refused to accommodate her new medical requirements. Her employer maintained that accommodating her would contravene the seniority provisions of collective agreements. Settlement: Financial compensation for general damages and expenses.
Letter of apology.
A guarantee of 30 hours of modified work per week.
Retention of the complainant’s seniority.
Ground(s): Disability
Area: Employment
Sector: Transportation
Allegation: The complainant alleged that he was subjected to harsher discipline and differential treatment when his employer was informed of his diagnosis of attention deficit disorder. The complainant’s union filed several grievances, but the grievance process was adjourned pending resolution of this complaint.
Settlement: Mutually agreed termination date.
Financial compensation for lost wages and for general damages.
Benefits of a retired employee, including pension.
Respect-related workplace training for employees at the work site concerned.
Withdrawal of all outstanding grievances, with sign-off by the union.
Ground(s): Disability
Area: Employment
Sector: Communications
Allegation: The complainant alleged that his employer refused to continue to accommodate his medical restrictions after it made changes to the workplace. He was required to work nights against the medical advice of his physician.
Settlement: Reinstatement of sick and annual leave credits.
Financial compensation for hurt feelings.
Letter of apology.
Ground(s): Disability
Area: Employment
Sector: Separate federal agency
Allegation: The complainant had worked for the same employer for many years before developing a disability in one arm. After she took medical leave, an independent medical examiner determined that she was fit for work with limitations. She alleged that her employer was advised of the medical examiner’s recommendations but failed to provide the required accommodation. As a result, she was forced to take additional leave.
Settlement:
Financial compensation for lost wages.
Credited sick leave.
Eligibility for the corporate team incentive.
Letter of regret.
Agreement by the complainant to retire at the end of the calendar year.
Affirmation of the respondent’s commitment to human rights principles.
Ground(s): Disability
Area: Employment
Sector: Communications
Allegation: The complainant, who has a cardiac disability, worked as a receptionist. She informed her employer that she needed accommodation because of the high-stress environment she worked in. She alleged that the employer denied her request, claiming that medical information she provided did not support it. Subsequently, her employment was terminated.
Settlement:
Financial compensation for lost wages and for general damages.
Financial compensation for legal fees and for medical insurance expenses.
Ground(s): Disability
Area: Employment
Sector: Banking
Allegation: The complainant worked as a bank officer. She 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, as a result, she suffered a nervous breakdown.
Settlement:
Agreement to respond quickly to future concerns raised by the complainant.
Financial compensation for lost wages and for pain and suffering.
Ground(s): Disability
Area: Employment
Sector: Separate federal agency
Allegation: The complainant was employed in a position that required her to handle heavy packages. She suffered an injury on the job and was accommodated in other duties. She alleged that she was later promoted to a supervisory position that did not reflect her medical limitations. She asked whether there was another job she could do and did not receive a reply.
Settlement:
Financial compensation for pain and suffering.
Ground: Disability
Area: Employment
Sector: Transportation
Allegation: The complainant, who has asthma, alleged that her employment was terminated after she requested accommodation. She had asked that her colleagues stop using certain aerosol products that triggered her asthma.
Settlement:
Donation to the Asthma Society.
Training for all managers on the accommodation of employees with similar disabilities.
Ground(s): Disability
Area: Employment
Sector: Communications
Allegation: The complainant, who has a visual impairment, was hired as a customer care consultant. He alleged that he told his employer he had a disability and needed to be accommodated. He said his requests for accommodation were ignored. He was unsuccessful in a training program and, as a result, his employment was terminated.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Sector: Transport
Allegation: The complainant alleged that she was not rehired as a summer employee because she said, during a pre-employment medical examination, that she had a history of mental health issues.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation: The complainant, who suffers from a motor coordination and speech disorder, was employed as an information technology specialist on contract. He alleged that a new supervisor made derogatory remarks about his ability to work at a fast pace and later terminated his contract.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Ground: Disability
Area: Employment
Sector: Banking
Allegation: The complainant, who has a visual impairment, was hired to work as a receptionist in a call centre. He alleged that his employer refused to accommodate him by providing screen magnification software for his computer. That aggravated his condition, and he was unable to continue working.
Settlement:
Financial compensation for pain and suffering and for lost wages.
Financial compensation for expenses.
Agreement by the complainant to resign.
Letter of regret and confirmation of employment.
Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation: The complainant has a back problem and uses a scooter. He alleged that his employer did not take his accommodation needs into account when reconfiguring his office space and decided that the complainant could no longer enter his office on his scooter.
Settlement:
Progressive return to work on a special assignment.
Commitment to continue to accommodate the complainant.
Commitment by the complainant to provide information on accommodation needs.
Ground(s): Disability
Area: Employment
Sector: Banking
Allegation: The complainant, who has epilepsy, alleged that his employer did not accommodate his disability and terminated his employment.
Settlement:
Financial compensation for pain and suffering.
Letter of employment.
Ground(s): Disability
Area: Employment
Sector: Banking
Allegation: The complainant, who has environmental sensitivities, alleged that she had severe allergic reactions to air fresheners in the workplace. She asked her employer several times to stop using these products and to educate her colleagues about their use. Her requests were ignored and her employer accommodated her by moving her to another location. She alleged that, as a result of this move, her salary and earning potential were reduced. Moreover, she continued to be exposed to products that triggered allergic reactions and aggravated her condition, and she had to leave her workplace.
Settlement:
Financial compensation for pain and suffering.
Review of the complainant’s application for income protection.
Placement in a suitable position on the complainant’s return to work.
Ground(s): Disability, race, national or ethic origin, and sex
Area: Employment
Sector: Separate federal agency
Allegation: The complainant was hired as an independent contractor to carry out a specialized project. She alleged that, during the project, the agency pressured her to provide information of a highly personal nature. When she refused to do so, the project was cancelled.
Settlement:
Financial compensation for general damages.
Re-institution of the project.
Development of an anti-harassment policy applicable to independent contractors.
Ground(s): Disability and sex
Area: Employment
Sector: Other
Allegation: The complainant has lupus and was off work for a period of time. She alleged that she gave her supervisor a note from her doctor explaining her medical condition. The supervisor ignored the note and refused her sick leave for the days she was absent from work.
Settlement:
Financial compensation for pain and suffering.
New procedures for changing an employee’s paid hours of work.
Training for the complainant’s supervisor on human rights and conflict management.
Ground(s): Disability and family status
Area: Employment
Sector: Federal public service
Allegation: The complainant, a single parent with three children, suffers from clinical depression. She alleged that her employer subjected her to unwelcome comments related to her mental health and treated her differently regarding work assignments.
Settlement:
Financial compensation for pain and suffering.
Reinstatement of two weeks’ vacation leave.
Approval of telework.
Training for managers on accommodation of persons with mental health issues.
Letter of regret.
Ground(s): Disability, race, and national or ethnic origin
Area: Employment
Sector: Separate federal agency
Allegation: The complainant alleged that he was denied employment because he was believed to use recreational drugs and he participated in gambling, which is a widespread habit in his community.
Settlement:
Reimbursement of the complainant’s expenses.
Provision of Services
Ground(s):
Disability
Area: Provision of services
Sector: Transportation
Allegation: The complainant has several disabilities, including diabetes and mobility impairment. She alleged that she was not allowed to carry medical items with her on an international flight.
Settlement: Financial compensation for general damages.
Financial compensation for the cost of the airline ticket and excess baggage fee. Settlement of outstanding complaints with a regulatory agency.
Letter of apology.
Ground(s):
Disability
Area: Provision of services
Sector: Federal public service
Allegation: The complainant, who suffers from attention deficit disorder, is a crewman aboard ships and requires a medical certificate to work in the marine industry. He was issued a medical certificate that did not allow him to work in a certified crew position. The complainant felt that he should have been allowed to work in this position, as his disability has no impact on the performance of his duties.
Settlement: Financial compensation for lost wages and for pain and suffering.
Financial compensation for legal costs.
Ground(s):
Disability
Area: Provision of services
Sector: Federal public service
Allegation: The complainant, who suffers from bipolar disorder, has worked on ships for many years. He alleged that he was denied a medical certificate, which affected his employability and chances of advancement.
Settlement: Financial compensation for pain and suffering.
Verbal expression of regret.
Ground(s): Disability
Area: Provision of services
Sector: Federal public service
Allegation: The complainant, who is visually impaired, alleged that she did not have independent access to a federal government service. She alleged that sighted members of the public were able to use the service privately and confidentially, while she had to rely on a sighted person or use an adaptive technology that was not dependable. Either option compromised her privacy or her ability to use the service reliably.
Settlement:
Recognition of the service provider’s efforts to adapt the service.
Introduction of additional methods for accessing the service.
Agreement to explore alternatives and to provide a progress report on initiatives to improve the service.
Ground(s): Disability
Area: Provision of services
Sector: Transportation
Allegation: The complainant, who uses an electric wheelchair, alleged that he was transferred improperly between planes during a flight, that his wheelchair was not available to him during layovers, and that his wheelchair was unavailable for 24 hours and damaged on the return trip.
Settlement:
Financial compensation for damages and costs.
Race, Colour, National or Ethnic Origin, Religion
Area: Employment
Area: Provision of Services
Employment
Ground(s): National or ethnic origin
Area: Employment
Sector: Transportation
Allegation: The complainant alleged that she was subjected to unwelcome comments by a co-worker about her German ancestry and that her employment was terminated when she complained. The complainant filed two complaints: one against her employer and one against the co-worker.
Settlement: Financial compensation for general damages.
Ground(s): Race, colour, national or ethnic origin
Area: Employment
Sector: Transportation
Allegation: The complainant worked for a trucking company. He alleged that he was paid less than other drivers, harassed and eventually fired because he is black.
Settlement: Financial compensation for general damages.
Letter of reference and agreement by the respondent not to comment on the complainant’s character.
Agreement by the complainant not to make any comments regarding the respondent’s business or employees to any third party.
Agreement by the complainant to keep away from the respondent’s premises.
Ground(s): Race, national or ethnic origin
Area: Employment
Sector: Banking
Allegation: The complainant suffers from a back problem. She alleged that she requested an ergonomic chair but never received it. She also alleged that her supervisor and co-workers harassed her. Eventually her employment was terminated.
Settlement: Financial compensation for pain and suffering.
Letter of apology.
Letter of employment.
Ground(s): Race, national or ethnic origin, disability
Area: Employment
Sector: Other
Allegation: The complainant alleged that he was harassed in relation to his Aboriginal ancestry. He also alleged that, after he complained to the Commission about the harassment, his employer retaliated against him by refusing to allow him to return to work following a period of sick leave, even though his doctor and the employer’s own medical officer confirmed that he was fit for work.
Settlement: Financial compensation for pain and suffering.
Ground(s): National or ethnic origin, religion
Area: Employment
Sector: Communications
Allegation: The complainant, who is Muslim, alleged that he was subjected to racist comments during a training program. His co-trainees referred to him on many occasions as a terrorist. He alleged that the instructor heard the comments and took no action. His health was affected and he stopped attending the program. As a result, he was fired for abandoning his job.
Settlement: Financial compensation for damages.
Letter of apology.
Ground(s): Race, colour, religion, sex, disability
Area: Employment
Sector: Banking
Allegation: The complainant is black and Muslim. He alleged that a supervisor and other employees harassed him by making derogatory comments about his religion and place of origin. The employer investigated the allegations but did not resolve the situation to his satisfaction.
Settlement: Financial compensation for general damages and for legal expenses.
Financial compensation for moving expenses.
Severance pay.
Letter of apology.
Commitment to enforce existing policies.
Ground(s): Race, colour, national or ethnic origin
Area: Employment
Sector: Transportation
Allegation: The complainant alleged that his supervisor denied him a training opportunity because of his African origin. He applied to transfer to another area but was refused by the same supervisor. In the end, he felt he had no choice but to quit his job.
Settlement: Financial compensation for general damages.
Ground(s): Race and colour
Area: Employment
Sector: Communications
Allegation: The complainant, who is black, had worked for the same employer for over 10 years. After a new manager arrived, the complainant was suspended in response to some customer complaints. He alleged that the measures taken against him were more severe than the ones imposed on white employees who had customer complaints filed against them. The complainant’s employment was subsequently terminated.
Settlement:
Financial compensation for pain and suffering.
Agreement by the employer that, should potential employers seek references, the employer will ensure its staff fully respects its policy on verification of employment to outside organizations.
Withdrawal of other claims against the employer.
Ground(s): Race and colour
Area: Employment
Sector: Banking
Allegation: The complainant, who is black, alleged that co-workers made derogatory comments about her and others based on colour and race. She also alleged that her employer did not promote her to the position she had been acting in for more than a year.
Settlement:
Human rights sensitivity training for staff and managers.
Training and mentoring for the complainant to help her progress in her career.
Ground(s): Race, colour and sex
Area: Employment
Sector: Banking
Allegation: The complainant, a black woman, alleged that during the period of her employment she was ignored, as her suggestions were not taken seriously. She also alleged that racially derogatory comments were made and her employment was subsequently terminated.
Settlement:
Financial compensation for pain and suffering and for legal fees.
Financial compensation as retirement allowance.
Ground(s): Race, national or ethnic origin, and religion
Area: Employment
Sector: Federal public service
Allegation: The complainant, a Muslim of Arabic origin, worked as a community services volunteer. She alleged that, during her two years as a volunteer, she was subjected to racially derogatory comments and was not invited to the staff Christmas party. Her volunteer assignment was eventually terminated without justification.
Settlement:
Financial compensation for general damages.
Letter of explanation.
Ground(s): Religion
Area: Employment
Sector: Transportation
Allegation: The complainant, who is Muslim, was employed for a short period as a truck driver. During his employment, he realized he was hauling loads of liquor and asked his employer to exempt him from doing so because of his religious beliefs. The employer refused and terminated his employment.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.
Provision of Services
Ground(s): Race, colour
Area: Provision of services
Sector: Banking
Allegation: The complainant, who is black and of African origin, alleged that he was treated differently on two occasions while making a transaction at two different branches of his bank. He alleged that he was a victim of racial profiling and that the bank ’s employees assumed he was a criminal because of his colour.
Settlement: Financial compensation for general damages.
Letter of apology.
Commitment to consult with advocacy groups on racial profiling.
Commitment to advertise open jobs in ethnic newspapers.
Training in human rights for branch staff.
Ground(s): Race, colour, national or ethnic origin
Area: Provision of services
Sector: Transportation
Allegation: The complainant, who is black and from the Caribbean, alleged that employees of a transportation company denied him service because they thought he was intoxicated. He denied having had too much to drink and said the company made this assumption because he is from a culture in which people speak loudly and express themselves forcefully.
Settlement: Letter of apology.
Travel vouchers.
Training for service staff regarding cultural differences.
Ground(s): National or ethnic origin
Area: Provision of services
Sector: Federal public service
Allegation: The complainant, an Arabic woman, needed a security clearance. She alleged that the security clearance was denied because of her national or ethnic origin.
Settlement: Another opportunity to obtain the security clearance.
Sex, Marital Status, Family Status
Area: Employment
Area: Provision of Services
Employment
Ground(s): Sex Area: Employment
Sector: Communications
Allegation: The complainant alleged that a male co-worker displayed pornographic material in a common area and made derogatory comments of a sexual nature. She complained to her employer, but nothing was done to rectify the situation.
Settlement: Financial compensation for pain and suffering.
Training in human rights for all staff and supervisors of the work unit.
Issuance of a no-tolerance statement on inappropriate behaviour and language.
Ground(s): Sex
Area: Employment
Sector: Other
Allegation: The complainant developed complications early in her pregnancy. She alleged that the respondent accommodated her disability for a short period but then refused to continue to accommodate her.
Settlement: Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Sector: Transportation
Allegation: The complainant worked for a trucking company. She alleged that she was paid less as a customer service representative, a female-dominated position, than she would receive as a dispatcher, a male-dominated position. The company was subsequently sold, and the job description for customer service representatives was substantially changed.
Settlement: Financial compensation for general damages and for legal costs.
Letter of employment.
Ground(s): Sex
Area: Employment
Sector: Federal public service
Allegation: The complainant alleged that she was prevented from completing an employment training program because she became pregnant.
Settlement: Financial compensation for pain and suffering.
Changes to allow for extensions to the training program.
Ground(s): Sex, marital status, family status
Area: Employment
Sector: Transportation
Allegation: The complainant alleged that her supervisor made inappropriate comments about her body and general appearance. She says her hours of work and choice of shifts were reduced after she complained of his behaviour to a manager. Her employment was terminated shortly afterwards. Her husband, who worked for the same employer, was also affected, as he and the complainant were no longer allowed on the company’s premises.
Settlement: Financial compensation for general damages.
Letter of reference.
Lifting of the no-trespassing order.
Ground(s): Sex
Area: Employment
Sector: Federal public service
Allegation: The complainant worked in a highly male-dominated environment. She alleged that her colleagues made inappropriate comments of a sexual nature and displayed pornography. She began to suffer from depression and anxiety as a result. Although she complained to her employer, nothing was done. Eventually, her employment was terminated on the grounds that she was too ill to continue working.
Settlement: Financial compensation for hurt feelings and for legal fees.
Retention of the complainant’s disability pension.
Ground(s): Sex
Area: Employment
Sector: Transportation
Allegation: The complainant, a truck driver, alleged that a trainer harassed her and made inappropriate advances and comments during her training period with a transportation company. She further alleged that the company failed to address the situation after she complained.
Settlement: Financial compensation for general damages.
Verbal expression of regret.
Undertaking to develop an anti-harassment policy.
Anti-harassment training for employees.
Ground(s): Sex, marital status, family status
Area: Employment
Sector: Communications
Allegation: The complainant, who is black, alleged that she was treated differently than her white colleagues upon her return from maternity leave. She alleged that her working hours were changed, even though that made it difficult for her to obtain daycare for her child.
Settlement: Financial compensation for pain and suffering and for representation fees.
Ground(s): Sex
Area: Employment
Sector: Communications
Allegation: The complainant alleged that a co-worker harassed her at a social event that took place after working hours during a business trip. She reported the incident but it was not dealt with properly. She felt compelled to move to a different part of the country and take a demotion in order to resolve the situation.
Settlement: Career coaching and leadership assessment services for the complainant.
Financial compensation for general damages.
Sexual harassment training for employees in the area where the complainant worked.
Commitment to deal with the individual involved in the after-hours incident.
Ground(s): Family status
Area: Employment
Sector: Federal public service
Allegation: The complainant participated in a training program before being confirmed in her position. Her husband was one of the trainers and this fact was well known. She alleged that, because of her family status, she was treated differently and harassed. In the end, she decided to resign.
Settlement: Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Sector: Transportation
Allegation: The complainant worked as an office assistant for a trucking company. She advised her employer that she would be taking maternity leave for the second time in a year. She alleged that, shortly afterwards, she was advised that her position had been eliminated and her employment was terminated. However, she later learned that someone else had been hired to do the same work.
Settlement:
Financial compensation for pain and suffering.
Letter of confirmation of employment.
Amended record of employment.
Ground(s): Sex
Area: Employment
Sector: Federal public service
Allegation: The complainant alleged that after competing for a term position as a counsellor, she was informed that she had won the competition. Later, she told the employer she was pregnant and would be taking maternity leave. She never received a formal job offer and, when she tried to contact the employer, her calls were not returned. She later learned that the position had been filled by another candidate.
Settlement:
Agreement to hire the complainant for the same position and for the same duration after her maternity leave.
Ground(s): Sex
Area: Employment
Sector: Communications
Allegation: The complainant was employed as a salesperson. He alleged that his manager gave more accounts to his female colleagues and that his commissions were lower as a result.
Settlement:
Salary continuance for five months.
Financial compensation for pain and suffering and for legal fees.
Outplacement services for three months.
Letter of employment.
Ground(s): Sex
Area: Employment
Sector: Banking
Allegation: The complainant was employed as a trainee sales representative. She became pregnant during her probation period. After she informed her superiors, she was dismissed without warning for poor performance. She alleged that her performance was a pretext and that she was fired because she was pregnant.
Settlement:
Financial compensation for general damages and for loss of benefits.
Letter of reference.
Ground(s): Sex
Area: Employment
Sector: Transportation
Allegation: The complainant was hired to drive a freight truck between Canada and the United States. At the time she was hired, she was the only woman employed at the company as a driver. She alleged that the employer did not give her any trips, claiming that business was slow, but that it offered trips to one of the men who was hired after she was. Eventually, her employment was terminated.
Settlement:
Financial compensation for pain and suffering.
Ground(s): Sex
Area: Employment
Sector: Transportation
Allegation: The complainant worked for a trucking company. He alleged that he was sexually harassed by two male colleagues over a period of 10 years. He reported the incidents several times, but his employer did nothing substantial to prevent the harassment. He eventually left work on stress leave and subsequently submitted his resignation.
Settlement:
Financial compensation for general damages and for expenses.
Revision of anti-harassment policy.
Harassment training in the workplace.
Letter of reference.
Letter of regret.
Ground(s): Sex
Area: Employment
Sector: Other
Allegation: The complainant alleged that her supervisor sexually harassed her. He sent her pornographic e-mails and made degrading comments about women.
Settlement:
Donation to a women’s shelter.
Agreement to enroll in a course on workplace harassment.
Letter of apology.
Provision of Services
Ground(s):
Family status
Area: Provision of services
Sector: Federal public service
Allegation: The complainant alleged that she was unable to obtain a passport for her niece, for whom she is the legal guardian. She was required to get the natural mother’s written consent, even though the mother’s whereabouts were unknown.
Settlement: Provision of a passport and waiver of the regular fee.
Age
Area: Employment
Employment
Ground(s): Age
Area: Employment
Sector: Banking
Allegation: The complainant alleged that his employment was terminated following a management reorganization because of his age. He was 63 years old at the time.
Settlement: Payment of severance pay.
Financial compensation for damages and for legal fees.
Ground(s): Age
Area: Employment
Sector: Transportation
Allegation: The complainant, who was 55 at the time, alleged that the respondent screened him out of a job competition, denied him training and refused to transfer him to another work location because of his age.
Settlement: Financial compensation for pain and suffering.
Ground(s): Age
Area: Employment
Sector: Transportation
Allegation: The complainant is 64 years old and employed as a freight clerk for a transportation company. He alleged that his employer will refuse to allow him to work after he reaches the age of 65, because that is the employer’s mandatory age of retirement. The complainant alleged that the employer does not apply this policy consistently with all employees.
Settlement:
Extension of the retirement date for one year.
Consideration to be given to the complainant for temporary work after his retirement date.
Ground(s): Age
Area: Employment
Sector: Transportation
Allegation: The complainant alleged that after he had worked for over 40 years for the same employer, his employment was terminated after he reached the employer’s mandatory retirement age of 65, although he met all of the employer’s requirements to continue working in his position.
Settlement:
Financial compensation for pain and suffering.
Amendment of the retirement policy to abolish mandatory retirement at age 65.
Ground(s): Age, disability and marital status
Area: Employment
Sector: Communications
Allegation: The complainant, a man in his seventies, hurt himself by falling on his employer’s property. He alleged that after he asked to file an accident report, his supervisor made a comment about his age and suggested that he retire. He also alleged that his supervisor tried to discourage him from requesting sick leave, saying there would be consequences.
Settlement:
Acknowledgment that there had been poor communication.
Commitment to improve communication in the future.
Verbal apology.
Credit for two days of paid leave.
Sexual Orientation
Area: Employment
Area: Provision of services
Employment
Ground(s): Sexual orientation and disability
Area: Employment
Sector: Federal public service
Allegation: The complainant alleged that he was subjected to harassment in the workplace because of his sexual orientation and because he was perceived to have a learning disability. He alleged that colleagues made inappropriate comments and that his supervisor pressured him regarding various issues. He eventually resigned from his term employment because his employer failed to provide him with a harassment-free work environment.
Settlement:
Financial compensation for pain and suffering.
Letter of confirmation of employment.
Agreement by the complainant to resign.
Provision of Services
Ground(s):
Sexual orientation
Area: Provision of services
Sector: Federal public service
Allegation: The complainant alleged that a government agency denied her services because she was in a same-sex relationship. During the course of the complaint, the legislation was changed and it became possible for the agency to provide the requested service.
Settlement:
Declaration in the settlement that the legislative changes addressed the barrier to eligibility.
Financial compensation for pain and suffering.
Letter of regret.