Complete Volume 79 in CHRR Online
Volume 79 in CHRR Online
January 2015 Human Rights Digest
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New Thinking about Accommodating Mental Disability
Something new is happening in human rights cases that deal with mental disability. Adjudicators are no longer satisfied that genuine performance problems necessarily justify terminating employees with mental disabilities. Sometimes those genuine performance problems – failure to complete tasks, forgetfulness, displays of irascibility or anger, or absenteeism – are directly related to and caused by the mental illness.
In two recent decisions – MacLeod v. Lambton (County) (No. 2) (CHRR Doc. 14-1830, Human Rights Digest, October 2014) and Gaisiner v. Method Integration (CHRR Doc. 14-2218, p. 3 of this issue) – adjudicators found that discrimination occurred when employers failed to consider whether they could take steps to ameliorate the effects on job...
$161,737 for Lost Wages Awarded to Person with a Developmental Disability
DISABILITY — EQUAL PAY / Decision on an application alleging discrimination in employment on the basis of disability. The applicant, who is a person with a developmental delay, alleged that while she performed substantially the same duties as general labourers who did not have developmental disabilities, she was paid significantly less. The Tribunal found that the pay differential was a...
What Was Said
Nova Scotia Board of Inquiry, Kenneth D. Crawford
"When a manager, supervisor or owner of a business engages in sexualized comments, or permits another employee to engage in such conduct, he/she cannot rely on a complainant's silence or, indeed, participation to prove consent. The reason being the power imbalance and the potential fear of reprisal can be compelling reasons to remain silent or try to 'fit in' by participating in the conduct..”
Human Rights Digest 16-1, January 2015