The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.
The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.
The respondent alleged that her termination was a result of a restructuring within the applicant’s department. The hearing was held over the course of 3 days.
Prior to the applicant being hired, the applicant had been diagnosed with a chronic medical condition which required frequent time off from work. At the time of her termination, the applicant had worked with the respondent for approximately 3 years. The applicant testified that due to her disability, she was required to attend a series of medical appointments during the workday.
During a meeting in late September of 2010, the respondent was called into … Continue reading “No “give and take” required by employee in accommodation under the Human Rights Code”
The human rights case of Emra v. Impression Bridal Inc. reminds us that a disability may be hidden, but when brought to the employer’s attention, it should not be ignored