Released on February 27, 1995
A Saskatchewan Human Rights Commission board of inquiry has ruled thatemployers have a duty to accommodate employees who suffer from a mental
disorder.
Ms Ann Zaryski worked for Percival Mercury Sales Ltd. which operated
Budget Rent a Truck at the Regina airport. The board found that her
employment had been terminated because she suffered from a mental
disorder and awarded Zaryski compensation of two months wages and
$1,000 for general damages.
The Saskatchewan Human Rights Code protects individuals with a mental
disorder from discrimination in employment. The code defines mental
disorder as "a disorder of thought, perception, feeling or behavior
that impairs a person's ability to meet the ordinary demands of life".
The board held that Zaryski's depressive illness came within the code's
protection.
The board of inquiry ruled that the respondent contravened section 16
of the code when it terminated Zaryski's employment even though the
manager had been informed of her illness. The company erred, the board
said, when its manager gave no thought or consideration "to any form of
accommodation or whether it would be possible to accommodate Ms
Zaryski."
Donna Greschner, chief commissioner of the Saskatchewan Human Rights
Commission, said the board's decision affirms the rights of persons
with mental disabilities to participate in employment.
"It also affirms the obligation of employers to take reasonable steps
to accommodate the needs of individuals with a mental disability,"
Greschner said.
-30-
For more information, contact:
Vera-Marie Wolfe
A/Assistant Director
Human Rights Commission
Saskatoon
Phone: 933-5952
Donalda Ford
Director
Human Rights Commission
Regina
Phone: 787-2530