Settlements

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability, failure to accommodate

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant supplied a medical note to the employer to support the requested accommodation. Instead of being accommodated in the workplace, the Complainant’s employment was terminated. The Employer did not believe that it could reasonably accommodate the Complainant in the workplace.  The Complainant was a probationary employee.

In accommodation matters, the onus is on the employee to prove the need for accommodation. If the Employer does not agree to provide the appropriate accommodation, the onus is on the Employer to demonstrate that providing the appropriate accommodation would represent an undue hardship. The accommodation does not have to be exactly as requested by the employee, and accommodation does not have to be perfectly implemented.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid 1 week’s salary in lieu of notice outside the complaint process
• The Employer paid $2500 damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Directed Mediation (after investigation)

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complaint took a medical leave and on return to the workplace, was asked to engage in workplace testing. The Employer alleged that the Complainant failed the testing, was not fit for work, and that it could not accommodate the Complainant’s continued employment in the safety sensitive workplace. The Complainant’s employment was terminated on that basis.

In accommodation matters, the onus is on the employee to prove the need for accommodation. If the Employer does not agree to provide the appropriate accommodation, the onus is on the Employer to demonstrate that providing the appropriate accommodation would represent an undue hardship. The accommodation does not have to be exactly as requested by the employee, and accommodation does not have to be perfectly implemented.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid $45,000 loss of income and in lieu of reinstatement
• The Employer paid $20,000 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Directed Mediation (after investigation)

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complaint was injured in the workplace, and shortly after completing a WCB return to work program, was terminated from employment.

The Employer alleged that the Complainant was laid off due to work shortages. Where an Employee relies on workforce adjustment to disprove allegations of discrimination, it must be prepared to provide evidence of all hires and terminations for a period before and following the termination of the complainant employee.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution achieved:

• The Employee was able to obtain outside sources of income to mitigate earnings loss

The Employer paid $15,000 damage to dignity 

Fiscal Year: 20-21

Protected Activity: ss 12 and 13 – Public Service and Education

Prohibited Ground: nationality, place of origin, race  

Resolution achieved: Mediation

Particulars:

The Complainant that discriminatory statements were made to him about his race, nationality and place of origin while seeking services in an education facility. After internal investigation, the Respondent felt that the allegations were credible.  

Potential resolutions:

Where discrimination has occurred in the provision of services normally offered to the public, potential individual damages might include:

• Compensation up to $20,000 for damage to dignity

Resolution reached:

• The Complainant received $15,000 in compensation for damage to dignity
• To achieve systemic change, the institution agreed to internal policy and practice changes to prevent future breaches of the Code

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complaint took a medical leave and the Employer terminated the employment relationship shortly following the Complainant’s return to work. The Employer alleged that the Complainant did not want to work and was not compliant with the return-to-work plan.

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution achieved:

• The Employer paid $5000 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant worked for the same employer more than 5 but less than 10 years. The Complaint took a medical leave, was cleared to return to work, but was injured shortly after return. The Employer terminated the employment relationship shortly thereafter, following what they alleged to be an unexplained work absence. The Employer alleged additional reasons for cause, citing supporting incidents pre-medical leave and following the return to work. While the incidents were not in dispute, the Complainant took issue with whether those incidents supported termination for cause.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid a sum which included 4 months severance pay

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant had worked for the same employer for more than 5 but less than 10 years. The Complaint took a medical leave and the Employer terminated the employment relationship during the term of the medical leave.

The Employer alleged that the Complainant was laid off due to work shortages. Where an Employee relies on workforce adjustment to disprove allegations of discrimination, it must be prepared to provide evidence of all hires and terminations for a period before and following the termination of the complainant employee.

The Employee was able to obtain other employment and outside sources of income to mitigate earnings loss

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid $3000 damage to dignity

Fiscal Year: 19-20

Protected Activity: s 16 – Employment

Prohibited Ground: sex (pregnancy)

Resolution achieved: Directed Mediation (after investigation)

Particulars:

The Complainant notified her employer that she was pregnant. Her employment was terminated shortly thereafter. She was able to mitigate her losses by obtaining alternate employment.  

The Employer alleged that the employee had been fired due to performance issues. In this situation, the onus is on the employer to disprove that the employee was fired due to pregnancy.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The Employer paid $9500 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 19 – Employment Interview  

Prohibited Ground: nationality, place of origin

Resolution achieved: Investigation

Particulars:

The Complainant alleged they were asked questions concerning race, nationality and place of origin during the interview process. The questioning was damaging to the complainant’s confidence. The employer offered the complainant employment post-interview, but the complainant declined the offer.

Potential resolutions:

Where discriminatory statements or questions are made during the interview process, potential individual damages might include:

• Compensation up to $20,000 for damage to dignity
• Losses relating to loss of employment opportunity

Resolution Reached:

• The Employer agreed to pay the complainant $5000 for damage to dignity

Fiscal Year: 18-19

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Investigation  

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant worked for the same employer more than 5 but less than 10 years. The Complaint was involved in 2 separate incidents that were said to exacerbate their disabilities. The Employer terminated the employment relationship shortly following the second incident, alleging the complainant’s employment was terminated for cause. The complainant was unable work, or unable to find comparable work, for a period of 2 years. The Complainant did receive some replacement income from outside sources.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid $20,000 damage to dignity
• The Employer paid $18,500 in lieu of right of reinstatement

Fiscal Year: 20-21

Protected Activity: s13 – Education

Prohibited Ground: race, nationality, place of origin

Resolution achieved: Mediation

Particulars:

The Complainants alleged that their child was discriminated against at school due to race, nationality and place of origin. The child’s mental health was adversely affected. An independent investigation substantiated the allegations.

Potential resolutions:

Where discrimination has occurred in the provision of services normally offered to the public, potential individual damages might include:

• Compensation up to $20,000 for damage to dignity

Resolution reached:

• The Complainants received $15,000 in compensation for damage to dignity

Fiscal Year: 20-21

Stage of complaint process when resolution achieved: Mediation

Protected Activity: s13 – Education; s53 (retaliation)

Prohibited Ground: sex

Resolution achieved: External to the Commission Mediation process  

Particulars:

The Complainant alleged that she was denied the right to participate in sport based on her gender, and that she later faced retaliation for lodging the initial complaint.

The parties worked together and ultimately resolved the two complaints.  

Potential resolutions:

Where discrimination has occurred in the provision of services normally offered to the public, potential individual damages might include:

• Compensation up to $20,000 for damage to dignity

Where retaliation for lodging a complaint occurs, damages also accrue for that discriminatory action.  

Resolution reached:

• The Complainant received an aggregate $30,000 in compensation for damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: nationality, place of origin

Resolution achieved: Mediation

Particulars:

The Complainant alleged they were prohibited from speaking to co-workers in a common language that was not English. The Complainant was terminated within their probationary period. The Employer denied that the language choice was a matter of discipline or the reason for termination of employment.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The Employer agreed to provide a letter of reference and character reference.
• No monetary compensation was involved in resolution.

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: sex (harassment)

Resolution achieved: Investigation

Particulars:

The Complainant was a woman, employed in an occupation/job traditionally occupied by men. The Complainant alleged that she was assaulted physically and subjected to unwanted advances, sexual remarks and innuendo. The Complainant had worked for the employer around 1 year before she felt compelled to resign.

The Employer did not investigate the complaints of harassment, explaining that it would not act without a written complaint from its employee.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The employee retained the option of filing a WCB claim for psychological injury (income replacement and treatment can be pursued via this option)
• The employer paid the employee $20,000 damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability, failure to accommodate, and age

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant was over 60 years of age.  After a medical leave of absence, the Complainant supplied a medical note to substantiate a gradual return to work. The employer denied an ability to accommodate a gradual return or light duties, and terminated the Complainant’s employment on the stated basis of ordinary course of business lay off due to economic downturn. The Complainant had been an employee of the business more than 5 years but less than 10 years.

In accommodation matters, the onus is on the employee to prove the need for accommodation. If the Employer does not agree to provide the appropriate accommodation, the onus is on the Employer to demonstrate that providing the appropriate accommodation would represent an undue hardship. The accommodation does not have to be exactly as requested by the employee, and accommodation does not have to be perfectly implemented.

The onus is also on the Employer to prove economic downturn if that is the stated reason for the layoff or termination of employment.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The employee received 8 weeks severance from the employer outside the complaint process
• The employee received other wage replacement from sources outside the complaint process
• The employer paid $1200 employment expenses
• The employer paid $12,000 damage to dignity
• The employer provided a positive letter of reference

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability, failure to accommodate

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace.  The Complainant had been an employee of the business more than 5 years but less than 10 years. After 3 years in the workplace, the Complainant was injured and required an accommodation of light duties only. After several more years, the Employer determined that no meaningful light duty work existed and that continuing the Complainant’s employment was an undue hardship (as understood in the Code). The Complainant resigned their employment and was able to quickly find replacement employment, and in so doing, earned a larger salary.

In accommodation matters, the onus is on the employee to prove the need for accommodation. If the Employer does not agree to provide the appropriate accommodation, the onus is on the Employer to demonstrate that providing the appropriate accommodation would represent an undue hardship. The accommodation does not have to be exactly as requested by the employee, and accommodation does not have to be perfectly implemented.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The employer paid $4000 damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: sex (pregnancy)

Resolution achieved: Mediation  

Particulars:

The Complainant was employed less than 1 year. She notified her employer that she was pregnant. Her employment was terminated shortly thereafter. She was able to mitigate her losses by obtaining alternate employment.  

The Employer alleged that the employee had been fired due to performance issues. In this situation, the onus is on the employer to disprove that the employee was fired due to pregnancy.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The Employer paid $3000 damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability, failure to accommodate

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace.  The Complainant had been an employee of the business more than 10 years. The Complainant was injured in a non-work-related accident and required an accommodation of light duties only. During this time of restricted duties, the Complainant was further injured in a non-work-related injury. The Employer determined that the Complainant could not be accommodated given the extent of injuries. The Complainant received Long Term Disability Benefits. When the Complainant was medically cleared to return to work, the Complainant’s employment was terminated.  The Complainant found replacement work shortly after the termination.

In accommodation matters, the onus is on the employee to prove the need for accommodation. If the Employer does not agree to provide the appropriate accommodation, the onus is on the Employer to demonstrate that providing the appropriate accommodation would represent an undue hardship. The accommodation does not have to be exactly as requested by the employee, and accommodation does not have to be perfectly implemented.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The employer paid $8000 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability, failure to accommodate

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace.   After a medical leave of absence, the Complainant returned to work but with a medically verified restriction. The employer denied an ability to accommodate the restriction and placed the Complainant on a medical leave. A replacement was hired to take the Complainant’s place in the workplace.  The Complainant had been an employee of the business more than 5 years but less than 10 years.

In accommodation matters, the onus is on the employee to prove the need for accommodation. If the Employer does not agree to provide the appropriate accommodation, the onus is on the Employer to demonstrate that providing the appropriate accommodation would represent an undue hardship. The accommodation does not have to be exactly as requested by the employee, and accommodation does not have to be perfectly implemented.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The employer paid $10,000 categorized as a retirement allowance
• The employer paid $2,000 damage to dignity

Fiscal Year: 19-20

Protected Activity: s 16 – Employment

Prohibited Ground: sex (harassment)

Resolution achieved: Directed Mediation  

Particulars:

The Complainant was a woman, employed in the restaurant industry . The Complainant alleged that she was subjected to unwanted advances, sexual remarks and innuendo by her manager. The Complainant reported the harassment to the management and her employment was terminated shortly thereafter. The Complainant had worked for the employer less than 6 months. The complainant sought and obtained alternate employment in a timely manner.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The employer paid the employee income replacement between the time of termination and the time she was able to secure new employment
• The employer paid the employee $8,000 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: sex (pregnancy)

Resolution achieved: Investigation  

Particulars:

The Complainant became pregnant while employed, and later took a maternity leave. While on leave, she was replaced. On her return to work, she was demoted, and her replacement was allowed to continue in the position that had been held by the Complainant. Her employment was terminated shortly thereafter. She was able to mitigate her losses by obtaining alternate employment in a timely manner.

The Employer alleged that the employee had been fired due to a restructuring in the company. The onus is on the employer to disprove that the employee was fired due to pregnancy.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The Employee was able to mitigate her loss of income by obtaining employment in a timely manner.
• The Employer paid $10,000 damage to dignity  

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant took a medical leave from work and their employment was terminated directly following their return to the workplace. The Complainant was an employee with the business more than 5 years, but less than 10 years. While the business had hired other staff in similar positions, the Employer cited economic downturn as the reason behind the termination. The onus was on the Employer to show that disability was not a reason for the termination.

The Complainant did not mitigate losses by seeking alternate employment but instead chose to enroll in an educational program.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid $5000 damage to dignity

Fiscal Year: 20-21

Protected Activity: ss 12  – Public Service

Prohibited Ground: gender identity  

Resolution achieved: Mediation

Particulars:

The Complainant identified as non-binary and was presented with only “M” and “F” options on their health card application; a gender-neutral card was unavailable.

Potential resolutions:

Where discrimination has occurred in the provision of services normally offered to the public, potential individual damages might include:

• Compensation up to $20,000 for damage to dignity

Resolution reached:

• The gender options were updated to include M, F, and X
• The Respondent supplied a letter of apology
• Complainant received $10,000 in compensation for damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: age

Resolution Achieved: Investigation

Particulars:

The Complainant was over 60 years of age.  The Complainant had been a seasonal employee for the same employer for 10 years. After being asked about retirement planning, the Complainant was not recalled to work. Replacement staff was hired to do the job. 

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The employee received severance in lieu of notice from the employer outside the complaint process
• The employee was able to secure alternate employment
• The employer paid $2,000 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: sex (harassment)

Resolution achieved: Mediation

Particulars:

The Complainant was a woman, employed in an occupation/job traditionally occupied by men. The Complainant alleged that she was subjected to unwanted advances, sexual remarks and innuendo. The Complainant alleged that she reported the behaviour to HR but felt no proper investigation was done. The employer disagreed and said that they had investigated the complaints and found no wrongdoing. Complainant had worked for the employer around 1 year before she felt compelled to resign. The Complainant was able to find alternate employment almost immediately.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The employer paid the employee $5,000 damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant was an employee about 5 years.  The Complainant took a medical leave from work and required periodic time off following that leave to manage their disability. After threats of termination for use of sick leave, the Complainant felt compelled to resign their employment.

The Employer denied knowing about the Complainant’s disability and denied making threats of termination should further sick leave be utilized.  The onus was on the Employer to show that disability was not a reason for the termination.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid $5000 damage to dignity

Fiscal Year: 18-19

Protected Activity: ss 11 – Rental Property

Prohibited Ground: disability (emotional support animal)  

Resolution achieved: Directed Mediation  

Particulars:

The Complainant was a person with disabilities that required accommodation. The Complainant’s physician determined that due to disability, the Complainant would benefit from an emotional support animal. The Complainant was renting accommodation, and the landlord would not allow an emotional support animal in the suite as an accommodation.

The landlord stated that it would accommodate a certified service animal only, and said that having a pet on the premises would present an undue hardship.

Neither service animals nor emotional support animals recommended by physicians are “pets” in the general sense. Service animals may travel unfettered with their handlers. There may be justifiable limits on the presence of emotional support animals in some spaces, and for some reasons.

Potential resolutions:

Where discrimination has occurred in the provision of rental property, potential individual damages might include:

• Compensation up to $20,000 for damage to dignity
• A declaration on the right to occupy the space as a renter
• Damages associated with finding and retaining alternate rental accommodation

Resolution reached:

• Complainant received $5,000 in compensation for damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant was an employee about 2 years.  The Complainant required periodic time off following to manage their disability. They had submitted medical notes for absences. The Complainant’s employment was terminated after submitting a medical note for an absence.  

The Employer denied knowing about the Complainant’s disability and stated that performance issues and attendance were the issues behind the termination.  The onus was on the Employer to show that disability was not a reason for the termination.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid $2500 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: family status

Resolution Achieved: Investigation  

Particulars:

The Complainant was a parent of a child under the age of 3 years.  The Complainant was temporarily laid off from work due to pandemic restrictions and was later made the only permanent layoff. The Complainant had worked for the same business for less than 5 years.

The Employer denied that family status was the reason for the layoff, and that the termination was a business decision.  The onus was on the Employer to show that family status was not a reason for the termination.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid severance in lieu of notice
• The Employer paid $6000 damage to dignity

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: sex (pregnancy)

Resolution achieved: Investigation  

Particulars:

The Complainant became pregnant while employed, and later took a maternity leave. While on leave, the employer eliminated her position. She had worked for the employer for about 5 years at the time, and before the notice of position elimination, had received glowing performance reviews. A performance review accompanied the notice of position elimination, and that performance review noted poor performance in all job areas.

The Employer alleged that the employee had been fired due to a corporate restructure. The onus is on the employer to disprove that the employee was fired due to pregnancy.

Shortly after termination, the Complainant was able to secure comparable employment

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution Reached:

• The Employee received an amount equal to her loss of income
• The Employer paid $8,500 damage to dignity  

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution Achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant was an employee for less than 1 year.  The Complainant required periodic time off to manage their disability. They told the employer that they required time off for this purpose. The Complainant’s employment was then terminated.  

The Employer maintained that the termination was due to economic downturn.  The onus was on the Employer to show that disability was not a reason for the termination.

Potential resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employee received income replacement outside the complaint process
• The Employer paid $6500 damage to dignity

Fiscal Year: 23-24

Stage of complaint process when resolution achieved: Mediation

Protected Activity: s13 – Education

Prohibited Ground: disability

Particulars:

The Complainant alleged that she was denied timely accommodation of her disability at a post-secondary institution, and that delay of accommodation resulted in a 2 month delay in graduation from the Complainant’s program.

The parties worked together and ultimately resolved the complaint.  

Potential resolutions:

Where discrimination has occurred in the provision of education, potential individual damages might include:

• Compensation up to $20,000 for damage to dignity
• Loss of income, as proven
• Reimbursement of costs occasioned as a result of the discrimination.

Resolution reached:

• The Complainant received $3,000 in compensation for damage to dignity.

Fiscal Year: 22-23

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant had worked for the same employer for less than 5 years. The Employer had accommodated the Complainant in the workplace, but when it became aware that the permanent accommodation was required, it placed the Complainant on an involuntary medical leave of absence.   

The Employer alleged that it was unable to accommodate the Complainant over the long term. When the Employer raises undue hardship as a defence to allegations of discriminatory conduct, it must provide evidence of undue hardship.   

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The complainant accepted $10,000 damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant had worked for the same employer for more than 15 years. While the Complaint was on a medical leave of absence, and after havindg advised the employer of an approaching retirement date, the Employer terminated the employment relationship.  

The Employer alleged that the Complainant was fired for cause. Where an Employee relies on termination for cause as a defence to allegations of discrimination, it must be prepared to provide evidence of cause.

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The Employer paid $10,000 damage to dignity
• The Complainant received a retirement gift and letter of congratulations on retirement

Fiscal Year: 20-21

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant had worked for the same employer for less than 5 years. While the Complaint was on a medical leave of absence, the Employer terminated the employment relationship.  

The Employer alleged that it believed that the Complainant had quit since they did not understand that they had to hold the position for the Complainant’s return from sick leave.  

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The complainant accepted $7,500 damage to dignity

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant had worked for the same employer for less than 5 years. The Employer laid off the Complainant when it became aware that the Complainant was medically unable to comply with a public health order.

The Employer admitted that the employment relationship with the Complainant, including accommodation, could have been handled differently.

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The complainant accepted $10,000 in lost income and damage to dignity

Fiscal Year: 22-23

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant had worked for the same employer for less than 5 years. The Employer laid off the Complainant when the Complainant was away from work on a medical leave of absence.  

The Employer advanced the position that the Complainant had been fired for cause. When and employer relies on cause for termination as a defence to allegations of discriminatory actions, the employer must prove cause.  

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The complainant accepted $7,500 in damage to dignity
• The complainant’s ROE was amended from a cause termination to a termination without cause to enable the complainant to seek EI benefits.

Fiscal Year: 21-22

Protected Activity: s 16 – Employment

Prohibited Ground: disability

Resolution achieved: Mediation

Particulars:

The Complainant alleged to be a person with disabilities that required accommodation in the workplace. The Complainant had worked for the same employer for more than 5 years but less than 10 years. After having been declared fit to return to work after a medical leave of absence, the Employer refused to allow the Complainant to return and substituted its own advice that more treatment was required prior to reinstatement.   

During the course of the dispute, the Complainant’s claim for Workers’ Compensation Benefits was accepted.  

Potential Resolutions:

Where termination of employment has occurred for discriminatory reasons, potential individual damages might include:

• Reinstatement
• Compensation up to $20,000 for damage to dignity
• Loss of income
• Reimbursement of expenses incurred in the search for alternate employment
• Other related out of pocket expense reimbursement

Resolution reached:

• The complainant’s ongoing income loss was replaced through WCB
• The complainant’s ongoing treatment costs were covered by WCB
• The complainant and employer successfully ended their relationship with an accepted written apology