Released on December 2, 1998
On the eve of December 3, the International Day of Disabled Persons,
the Saskatchewan Human Rights Commission has announced the settlement
of four disability complaints settled by the Commission over the past
twelve months. "In keeping with our public education mandate, we are
announcing these past settlements to promote understanding of some of
the problems faced by workers with disabilities," said Donna Scott,
Chief Commissioner and Director of the Saskatchewan Human Rights
Commission. "These cases illustrate the high cost of discrimination
for both employers and employees, a cost that could frequently be
avoided with better knowledge of the law."
The Saskatchewan Human Rights Code prohibits discrimination on the
basis of mental or physical disability. According to Scott,
discrimination is often an indirect result of work environments and
policies designed for people who do not have disabilities. "If an
employee needs some form of accommodation such as medical leave or
part-time work - the employer must take reasonable steps to provide it
unless those steps would cause undue hardship," said Scott.
The first settlement announced today was of Catherine Lavoie's
complaint against Intercontinental Packers (1997) Ltd. The company
employed Lavoie as a meat packer in Saskatoon in 1994, and terminated
her after she was diagnosed as having carpal tunnel syndrome and
scheduled for surgery.
Lavoie said Intercontinental Packers failed to explore reasonable
steps to accommodate her, such as a leave of absence for medical
treatment. The company agreed to settle the case without
admission of liability. In addition to paying Lavoie $2000 for
injury to feelings and self-respect, it agreed to establish an
anti-discrimination policy to ensure reasonable accommodation of
all employees and job applicants.
David Huntley, the second complainant, worked as a warehouse
person in Regina in 1993 for High Mountain Feed Distributors Ltd.
Huntley has Crohn's Disease. He required emergency surgery in
the fall of 1993, but was ready to return to work about 8 weeks
later. Huntley said the company discriminated against him by
terminating him instead of granting him a leave of absence and
hiring a temporary replacement. Without any admission of fact or
liability, High Mountain Feed Distributors paid Huntley $10,000
for lost employment income and $5000 for injury to feelings and
loss of self-respect.
A third complainant worked for Regina Health District as a Home
Services Supervisor. In May 1996, she developed a stress-related
disability and went on disability leave. In August 1996, she was
terminated. The Workers Compensation Board later found that her
disability was caused by chronic stress arising out of her
employment and that the stress was unusual and excessive for the
type of work she was doing. Without any admission of liability,
Regina Health District paid the complainant $14,579 plus interest
for lost wages and $3,500 as general compensation. It
acknowledged the complainant would have been well enough to
return to work in May 1997 if she had not been terminated.
The fourth case, said Scott, demonstrates the need for employers
to determine the exact nature of an employee's disability.
"Employers should be careful not to base employment decisions on
incorrect assumptions about what an employee is actually capable
of doing."
In her complaint against Woolworth Canada Inc., Patricia Riddoch
alleged she was terminated from her job as freight handler at the
Bargain Shop in Hudson Bay because her manager perceived her as
having chronic back problems. Riddoch suffered from disc
degeneration in her lower back, but claimed this did not
interfere with her ability to do her job. Without admitting
liability, Woolworth Canada Inc. agreed to pay Riddoch $1,500
compensation for injury to feelings and self-respect and to
establish a human rights policy in all Bargain Shop stores in
Saskatchewan.
During the past year, the Commission received 36 complaints
alleging discrimination in employment because of disability.
They accounted for 32 percent of all employment-related
complaints.
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For further information, contact:
Donna Scott, Chief Commissioner/Director
Saskatoon
Telephone: (306) 933-5952
