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HUMAN RIGHTS DECISION REMINDER TO SMALL BUSINESSES

Released on April 15, 2003

Country Leathers Manufacturing Ltd. of Birch Hills has been ordered to pay nearly $7,000 for failing to accommodate an employee suffering from a disability.

In an April 4th decision, a human rights board of inquiry found the company discriminated against Nancy Graham when they terminated her employment after learning that her shoulder tendonitis would require further treatment.

"Even though small businesses may be limited in their ability to accommodate a disabled employee, this decision sets out steps the employer could have easily taken," said Donna Scott, chief commissioner, Saskatchewan Human Rights Commission.

"A first step for any employer is to inquire about the injury and allow the employee an opportunity to show whether they might be capable of returning to work. In this case, the employer chose to dismiss the employee without learning all the facts."

In the ruling, the board noted employers are expected to initiate the process of accommodation, to engage in an examination of the employee's current medical condition, the prognosis for recovery and the employee's capabilities for alternative work.

"Discrimination comes with a high cost to both employers and employees, a cost that could be avoided by taking the time to evaluate whether or not the disability could be accommodated," said Scott.

The total award to Graham included $2,911 for lost wages, pre-judgement interest of $548, and special compensation for injured feelings and self-respect of $3,500.

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For More Information, Contact:

Donna Scott
Human Rights Commission
Saskatoon
Phone: (306) 933-5952

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