Overview

Alternative Dispute Resolution

Settlement Examples

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

The settlement summaries are organized under the prohibited grounds of discrimination in the Canadian Human Rights Act. Each summary indicates whether the complaint deals with an employment situation or arose in the provision of service.

It should be noted that the allegations in the summaries have not been substantiated. Settlements are entered into by the parties without prejudice, and without any admission of liability or wrongdoing.

Archives

Disability

Area: Employment
Area: Provision of Services

Employment

Ground(s):Disability
Area: Employment
Allegation:
The complainant suffers from depression and bipolar affective disorder. He was a part-time employee in a position that required carrying a firearm. He experienced depression and consulted his doctor, who advised him to take leave. The complainant did so without informing the employer of the nature of his illness. When he was ready to return to work, he disclosed the nature of his illness and his employment was terminated.
Settlement:
Reinstatement.
Financial compensation for general damages.
Ongoing joint medical monitoring of accommodation and treatment compliance.
Reinstatement of seniority.
Commitment to an ongoing review of the accommodation policy.

Ground(s): Disability
Area: Employment
Allegation:
The complainant has generalized arthritis. He alleged that he had carried out a number of contracts for the respondent before applying for a permanent position. Since the duties were the same, the complainant expected to obtain the position. The selection process required him to undergo a medical examination. The complainant alleged that the respondent had refused him the position owing to his disability.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Allegation:
The complainant has a learning disability. She alleged that she applied for a management position and was invited to write a standardized test. She informed the employer of her need for accommodation and was told this would be discussed with the agency responsible for testing. She alleged that the accommodation was inadequate. Although the time to write the test was extended, no alternative testing methods were offered.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Reaffirmation of commitment to accommodation.
Review of the accommodation policy and revision if necessary.
Report to be provided to the Commission within six months.

Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged discrimination when the employer did not accommodate his disability (tendinitis of the elbow), which led the complainant to resign. He further alleged that the employer refused to rehire him because he had made a worker’s compensation claim.
Settlement:
Financial compensation for pain and suffering.
Agreement that there is no impediment to rehiring the complainant in the future.

Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged that the employer discriminated against him by cancelling a planned deployment and by failing to accommodate his disability (perceived psychological disorder).
Settlement:
Financial compensation for lost wages.
Financial compensation for pain and suffering.
Educational expenses.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, who has cerebral palsy, alleged that her workplace was inaccessible and that the employer refused to accommodate her to the point of undue hardship.
Settlement:
Development of a process to ensure accommodation of employees in the future.

Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged that the employer failed to accommodate her disability (environmental sensitivity) and eventually terminated her employment.
Settlement:
Evaluation of the complainant’s fitness to return to work and functional limitations.
Designation of a return-to-work plan in conjunction with physicians.
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged that her employer failed to accommodate her disability (degenerative disc disease). She stated that, following an injury to her back, her employer accommodated her for a period of time, but then advised her that it could no longer do so since that would require creating a new position, something it was not prepared to do.
Settlement:
Independent medical assessment to determine whether the complainant can perform all of the job duties and what accommodation she requires.
Employer’s support for reconsideration of the complainant’s claim for long-term disability benefits, if it is determined that she is not fit to perform her job duties with accommodation.
Six months of short-term disability benefits (less benefits already received).

Ground(s): Disability
Area: Employment
Allegation:
The complainant, a long-time employee, became incapacitated and was subsequently diagnosed with depression. After a period of leave, she asked to return to work with modified duties. The complainant alleged that her employer refused to provide an assignment that would allow her to return to work on a part-time basis.
Settlement:
Financial compensation in lieu of notice.
Severance pay.
Financial compensation for general damages.

Ground(s): Disability
Area: Employment
Allegation:
The complainant was working for the employer when he developed medical problems related to a herniated disc. The complainant provided the employer with a letter from his doctor indicating that he would be unable to work until further notice. He eventually went on long-term disability leave. When the complainant informed the employer that he was fit to return to work on a part-time basis, he alleged that his employment was terminated.
Settlement:
Letter of regret.
Letter of reference.
Compensation for pain and suffering.
Human rights training for staff.
Implementation of an anti-discrimination policy, in consultation with the Commission.

Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged that she became depressed because of the way her manager treated her. She alleged that she was harassed about her medical information when applying for short-term disability benefits. She further alleged that her manager advised her that if she did not return to work, the company would assume that she had resigned.
Settlement:
Financial compensation for general damages.

Ground(s): Disability
Area: Employment
Allegation:
The complainant has Tourette’s syndrome. He alleged that, when he had been at work for a few months, his employer gave him an additional assignment that caused him problems related to his disability. The complainant alleged that his employer was aware of his disability but terminated his employment before exploring all possible avenues of accommodation.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.
Introduction to potential employers.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, who suffers from depression, alleged that her supervisor revoked an acting appointment and increased her workload. She alleged that her employer failed to accommodate her disability.
Settlement:
Sensitivity training on disability issues for the employer’s staff, in consultation with the Commission.
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Allegation:
The complainant had surgery and took leave as a result. She alleged that while she was away her position was eliminated, and her employer refused to consider her for other positions.
Settlement:
Financial compensation for pain and suffering.
Reimbursement of legal fees.
Retiring allowance.
Financial contribution to a non-profit organization.
Financial compensation for lost income.

Ground(s): Disability
Area: Employment
Allegation:
The complainant suffered from a stress-related illness. She alleged that her employer fired her after she took short-term leave.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.

Ground(s): Disability
Area: Employment
Allegation:
The complainant was hospitalized because of high blood pressure. She alleged that, after advising management that she could no longer work after normal working hours, her employment was terminated.
Settlement:
Financial compensation for pain and suffering equivalent to two months’ wages.

Ground(s): Disability
Area: Employment
Allegation:
During the course of her employment, the complainant was diagnosed with stress, anxiety and depression. Her doctor advised her employer that she would require some short-term leave, as well as modified hours and duties upon her return to work. When the complainant returned to work, she was advised that her services were no longer required and her employment was terminated.
Settlement:
The matter was settled between the parties and the terms were not disclosed.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, who has a stress-related illness, alleged that her employer did not live up to the terms of a settlement negotiated in a previous complaint. The parties agreed to return to mediation to renegotiate the issues in question.
Settlement:
Reimbursement of sick leave, vacation leave and pension adjustments.
Offers of alternate work.
Accommodation of the complainant where necessary.

Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged that her employment was terminated because she was perceived to be drug dependent. She refused to take a drug detection test because her employer would not allow her union representative to be present.
Settlement:
Financial compensation for pain and suffering.
Agreement to rehire the complainant if she passed a medical exam, including a drug test.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, who is an insulin-dependent diabetic, alleged that his employment was terminated when he had to be absent from work because of his disability.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Commitment to the duty to accommodate.
Agreement from the complainant not to seek re-employment.

Ground(s): Disability
Area: Employment
Allegation:
The complainant suffers from arthritis. He alleged that his employer refused to accommodate his disability by not providing him with modified duties and by frustrating his attempts to provide relevant medical information.
Settlement:
Disability pension.
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Allegation:
The complainant was injured at work, and her employer initially accommodated her disability by modifying her duties. Her employer then requested that she increase her hours of work on a gradual basis to full-time hours. When she refused, as recommended by her doctor, she alleged that she was subjected to progressive discipline, which resulted in the termination of her employment.
Settlement:
Financial compensation for pain and suffering.
Letter of recommendation.
Amended record of employment.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, who has cancer, alleged that his employer terminated his employment on learning that he had to stop working temporarily to undergo treatment.
Settlement:
The complaint was settled between the parties and the terms were not disclosed.

Area: Employment
Allegation:
The complainant was in a car accident. She alleged that her employer was not supportive of her doctor’s recommendation for a gradual return to work. The employer requested an independent medical evaluation and, as a result, asked her to return to work immediately. Upon her return to work, her employment was terminated.
Settlement:
Financial compensation for pain and suffering.
Representation fees.
Letter of employment.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, who suffers from depression, alleged that three managers had forced her to leave work, and on one occasion she was refused access to the building where she worked.
Settlement:
Financial compensation for complaint-related expenses.

Ground(s): Disability
Area: Employment
Allegation:
The complainant has a learning disability. He alleged that the respondent refused to accommodate him by not providing remedial training. He also alleged that the respondent did not renew his contract because of his disability.
Settlement:
Extension of the complainant’s employment contract with all employment-related benefits.

Ground(s): Disability, family status
Area: Employment
Allegation:
The complainant suffered from depression. Although he had not informed his employer of this condition, he alleged that the employer ought to have known since he had advised him of his family status, wept at work and had problems concentrating. He further alleged that his employer had terminated his employment despite knowing about his situation and unstable health.
Settlement:
Financial compensation for pain and suffering.
Financial compensation for legal costs.
Letter of confirmation of employment.

Ground(s): Disability
Area: Employment
Allegation:
The complainant alleged that her employer discriminated against her by failing to provide her with a harassment-free work environment and by failing to accommodate her because of a disability. The complainant fell at work and sustained multiple injuries as a result. She alleged that she was forced to perform duties beyond her medical restrictions, despite having provided the employer with notes from her doctor. She further alleged that she was subjected to unwelcome comments from her co-workers.
Settlement:
Independent medical assessment of the complainant.
Compensation for the time spent in connection with the examination.
Agreement to accommodate the complainant by eliminating night shifts.
Access for the respondent to the complainant’s medical information for accommodation purposes.

Ground(s): Disability
Area: Employment
Allegation:
The complainant filed two complaints: one against his employer and the other against his union. He has a sleep disorder and cannot work night shifts. He alleged that his employer would not accommodate him by allowing him to work day shifts, even though he provided a note from his doctor. In his second complaint, he alleged that his union did not support him when he asked to work day shifts.
Settlement:
The matter was resolved between the parties and the terms were not disclosed.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, who sustained two injuries at work, alleged that her employer refused to accommodate her disability and terminated her employment.
Settlement:
Financial compensation for lost wages.
Vacation pay.

Ground(s): Disability
Area: Employment
Allegation:
The complainant suffered from a stress-related illness. He alleged that his employer refused to accommodate his disability by giving him different work and eventually terminated his employment.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.
Amendment to employment records.

Ground(s): Disability
Area: Employment
Allegation:
The complainant had been a contract employee for several years when he required a hip replacement due to injuries sustained at work. Disability insurance claims were approved for his injury. He alleged that the employer did not accommodate his limitations and eventually terminated his employment.
Settlement:
Offer of contract employment with a possible extension.
Self-identification as a member of an employment equity group (persons with disabilities) to facilitate a broader range of suitable employment opportunities.
Designation of a human resources advisor to assist with a search for a permanent job.

Ground(s): Disability
Area: Employment
Allegation:
The complainant has multiple sclerosis and is unable to stand for long periods. She alleged that her employer failed to modify her job duties to accommodate her. She further alleged that she was forced to choose between taking disability leave and having her employment terminated.
Settlement:
Financial compensation for general damages.
Letter of apology.

Ground(s): Disability
Area: Employment
Allegation:
The complainant has a mobility impairment. She applied to participate in a volunteer program. She alleged that she was accepted into the program, but when a medical advisory board reviewed her application, her acceptance was rescinded. She was told that she would not be able to participate in the program safely.
Settlement:
Honorarium for having helped make the program more accessible.
Change in the policy regarding individuals with disabilities, so that medical review boards consult with treating physicians.
Commitment to accommodate applicants with disabilities.

Ground(s): Disability
Area: Employment
Allegation:
The complainant, a bus driver, alleged that his employer retaliated against him for having filed a previous human rights complaint. The earlier complaint had alleged that his employer did not accommodate his disability, as recommended by his doctor.
Settlement:
Reinstatement of annual leave and payout of remaining leave.
Specified leave with benefits for a determinate period.
Financial compensation for general damages.
Removal of certain documents from the complainant’s file.
Letter of reference.

Ground(s): Disability
Area: Employment
Allegation:
The complainant has a learning disability. She alleged that her supervisor criticized her work unfairly and made jokes at her expense. She eventually resigned.
Settlement:
Letter of reference.
Payment for expenses incurred in pursuing the complaint

  
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