Slaw: Case of employer who discriminated against disabled employee for paying her $1.25 per hour… reconsidered
Last May 2012, an adjudicator upheld a prior Ontario Human Rights Tribunal decision (January 2012) that an employer discriminated against a long-time employee when it was decided to terminate her because she suffered from a disability. However, the damage award based on her $1.25 per hour wage rate was not reconsidered since the employee never complained during the years she worked there. The employee had been awarded damages of $15,000 for the discrimination based on her 10 years at a wage rate of $1.25 per hour.
The outcome of this case did not sit well with the public or the Ontario Human Rights Commission. As a result, another request for reconsideration was filed.
At issue in the second request for reconsideration is the Tribunal’s determination that an ongoing wage differential between disabled and non-disabled employees is not a series of incidents for the purposes of determining the limitation period provided by section 34(1) of the Human Rights Code.
For more, read my latest blog post on Slaw.