Take Note

Below is an important new decision to note. It will be reported with a full headnote in CHRR Online and in a forthcoming C.H.R.R. bound volume. Access to the full text of the decision is available to subscribers in CHRR Online.

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$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 discriminatory practice, even though the lower pay allowed the applicant to continue to receive monthly disability support payments from the provincial government. The Tribunal awarded $161,737.87 for lost wages, $25,000 for injury to dignity and self-respect and ordered the respondent to retain an expert in disability-related discrimination to provide training to the respondent's principals and staff on how to integrate persons with developmental disabilities into the workplace in compliance with the Code. Allowed: Feb. 28, 2014.

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