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Overview

Resolving Disputes

Settlement Examples

SETTLEMENT EXAMPLES FOR 2009

The settlement summaries are organized under the prohibited grounds of discrimination in the Canadian Human Rights Act.  Each summary indicates whether the complaint deals with an employment situation or arose in the provision of service.

Grounds of Discrimination

Disability
Race, Colour, National or Ethnic Origin, Religion
Sex, Marital Status, Family Status
Age
Sexual Orientation


Disability

Area: Provision of services

Employment

Ground(s): Disability
Area:Employment
Sector: Transportation
Allegation:The complainant alleged that his employer discriminated against him on the grounds of disability. Shortly after disclosing his drug dependency problem, he was required to submit to a drug test. He subsequently tested positive and his employment was immediately terminated.
Settlement:
Financial compensation for general damages.
Review and revision of drug and alcohol policy.

Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation:
The complainant alleged that his employer treated him differently after he suffered a mild heart attack. Although he received full medical clearance, he was denied opportunities for promotion, deployment overseas and certain job postings. His employment was eventually terminated.
Settlement:
Financial compensation for pain and suffering.
Financial compensation for lost wages, including retroactive pay for a three year period.

Ground(s): Disability
Area: Employment
Sector: Communications
Allegation:
The complainant suffers from thrombosis and was diagnosed as unable to return to work. She alleged that her employer denied her medical benefits.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Sector: Communications
Allegation:
The complainant, who suffers from anxiety, alleged that her employer did not accommodate her  while returning to work.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Sector: Other
Allegation:
The complainant, who has scoliosis, attempted to return to work after a double hip replacement. He alleged that he was not properly accommodated and was not reintegrated into the workplace.
Settlement:
Financial compensation for lost wages.
Adjustment of annual leave credits.
Assignment to a full-time suitable position.

Ground(s): Disability
Area: Employment
Sector: Communications
Allegation:
The complainant alleged that her employer denied her one month of sick leave and then terminated her employment.
Settlement:
Financial compensation for lost wages and for hurt feelings.
Letter of employment.

Ground(s): Disability
Area: Employment
Sector: Banking
Allegation:
The complainant suffers from severe and persistent back pain. As a result, he suffers from headaches and has difficulty sitting for long periods of time. He alleged that he made a request that his employer accommodate his disability by allowing him to work from home and it was denied. He was eventually suspended without pay.
Settlement:          
Financial compensation for general damages and legal fees.
Financial compensation for lost wages and for severance of employment.
Agreement to sever employment relationship.
Career transition counselling.
Letter of regret and letter of employment.
 
Ground(s): Disability
Area: Employment
Sector: Banking
Allegation:
The complainant suffers from injuries to her knee and ankle. As a result, she has been on medical leave from work. She alleged that her manager was verbally abusive to her in public, questioned whether she was disabled and also threatened to terminate her employment. She eventually left her employment.
Settlement:
Financial compensation for pain and suffering and for severance of employment.
Financial compensation for legal fees.
Letter of employment.

Ground(s): Disability
Area: Employment
Sector: Banking
Allegation:
As a result of a brain aneurysm, the complainant is partly paralysed on her right side. Given her illness, she tires very easily and works at a slow pace. The complainant alleged that her employer failed to accommodate her disability and that her employment was terminated because she was too slow and was making too many mistakes.
Settlement:
Financial compensation for pain and suffering and for severance of employment.

Ground(s): Disability, race, colour
Area: Employment
Sector: Other
Allegation:
The complainant, who is a member of a visible minority, alleged that he was treated differently from his Caucasian co-workers after he was injured in a car accident. While on disability leave due this accident, his employer threatened him with dismissal if he did not return to work despite the fact that he was still recovering from his injuries. The complainant was eventually dismissed.
Settlement:
Financial compensation for general damages.
Severance pay.
Training and outplacement counselling.
Remove warning letter from personnel file.

Ground(s): Disability
Area: Employment
Sector: Banking
Allegation:
The complainant has severe allergies to fragrances and chemical substance fumes. She alleged that while her employer implemented a fragrance free policy in the workplace, it refused to fully accommodate her medical restrictions by extending the policy to customers entering the premises and/or eliminating all her face to face contact with the public. She eventually had to take a medical leave.
Settlement:
Financial compensation for general damages and lost wages.
Retirement package.
Outplacement counselling for three months.
Medical expenses.

Ground(s): Disability, national or ethnic origin
Area: Employment
Sector: Banking
Allegation:
The complainant, a woman of Italian origin, alleged that her supervisor engaged in a series of email that contained racially derogatory comments about her. As a result of this incident, the complainant went on medical leave. She further alleged that the employer refused to accommodate her in a position that was removed from the supervisor’s authority. The employer advised the complainant that she could conduct an internal job search for another position, however failing to find a suitable replacement, her employment would be terminated.
Settlement:
Financial compensation for pain and suffering and for legal cost.
Agreement to sever the employment relationship.
Retiring allowance.
Letter of employment.

Ground(s): Disability
Area: Employment
Sector: Other
Allegation:
The complainant, a person who is deaf, alleged that a human resources representative refused to accept his application for employment because, in their opinion, the work environment was too dangerous for a deaf person.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.
Notification of job opportunities.
Independent assessment of accommodation requirements.
Consultation with the Deaf community on ways to accommodate deaf employees.
Consultation with the Commission on current development of accommodation and respectful workplace policies and future training.

Ground(s): Disability
Area: Employment
Sector: Communications
Allegation:
The complainant, who is in a wheelchair, alleged that she suffered injuries at work which were caused by a malfunctioning electronic door mechanism. Furthermore the employer never provided her with the proper ergonomic equipment that she needed to accommodate her disability (proper desk, keyboard, chair, arm rest, handicap doors, etc.)
Settlement:
The employer will provide another ergonomic evaluation and implement its recommendations.

Ground(s): Disability
Area: Employment
Sector: Other
Allegation:
The complainant, who suffers from a spinal injury, alleged that his employment as a security officer was terminated because of his disability shortly after he was hired. His supervisor thought the work would be too difficult for him.
Settlement:
Financial compensation for pain and suffering and for general damages.

Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation:
The complainant, who suffers from a repetitive strain injury in her hands, alleged that her employer refused to accommodate her needs. More specifically, the employer refused to provide her with a voice activated computer system that would allow her to perform repetitive tasks without constant pain.
Settlement:
Financial compensation for pain and suffering.
Credit sick leaves and annual leaves.
Provide the appropriate computer technology.
Language training.
Offer of an appointment at a higher level.

Ground(s): Disability
Area: Employment
Sector: Communications
Allegation:
The complainant suffers from a chronic neurological condition which causes pain and swelling. He alleged that his employer refused to accommodate his needs by not offering him modified duties, and by insisting that he only return to work when he was fully recovered. His employment was subsequently terminated.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Disability
Area: Employment
Sector: Other
Allegation:
Two disabled individuals filed a complaint against the same employer. Both employees, who were on modified duties at the time, alleged that their employer asked them to work overtime during the holidays. They agreed but were subsequently told they could not work overtime because they were on modified duties.
Settlement:
Financial compensation for pain and suffering.
Confirmation by employer that employees on modified duties are eligible for overtime hours.

Ground(s): Disability
Area: Employment
Sector: Other
Allegation:
The complainant, who suffered a foot injury, requested accommodation in the form of modified duties. She alleged that her supervisor insisted she do work that was beyond her capacity. When she refused, she was reported for unsatisfactory job performance. She eventually left on long term disability leave.
Settlement:
Financial compensation for general damages.
Return to work program in another area and under a different manager.
Maintenance of the pay grade during the return to work period.
Agreement to let the complainant annotate her performance appraisals.
Removal of the negative performance appraisal.

Ground(s): Disability
Area: Employment
Sector: Banking
Allegation:
The complainant developed anxiety and depression related to workplace stress and was off work for several months. She alleged that, when she attempted to return to work, she was not allowed to do so and was told that she was not a good fit. Subsequently, her long term disability benefits were discontinued.
Settlement:
Financial compensation for general damages and for legal costs.
Financial compensation for severance of employment and for retraining.
Long-term income protection to age 65.

Ground(s): Disability
Area: Employment
Sector: Federal public service
Allegation:
The complainant was employed for a three-year term. He experienced a series of threatening situations at work and was diagnosed with post traumatic stress disorder. He alleged that his employer did not renew his term employment in order to avoid continuing to accommodate his disability. The complainant moved to another province after the termination of his employment in order to be near his family and medical professionals.
Settlement:
Reinstatement to an indeterminate position.
Financial compensation for pain and suffering and for expenses.
Retroactive wages and full benefits including pension contributions with interests.
Relocation costs with interests.
Additional sick leave credits.  
A graduated return to work schedule developed with the complainant’s medical team.
Removal of the complainant's latest performance evaluation report.
Written confirmation that the events giving rise to the complainant’s disability occurred in the course of his employment.
Coordination with another government department to enable the complainant to return to his home province for employment.

Ground(s): Disability
Area: Employment
Sector: Banking
Allegation:
The complainant injured his back at work. He alleged that he was forced to return to work before having fully recuperated, and that he was not accommodated as recommended by his doctor. He also alleged that his performance was appraised based on the full range of job duties without taking the recommended accommodation into account.
Settlement:
Agreement to sever the employment relationship.
Financial compensation for general damages and for pain and suffering.
Financial compensation for lost disability benefits and for legal costs.

Ground(s): Disability 
Area: Employment
Sector: Transportation 
Allegation:
The complainant, who works as a receptionist, suffers from multiple sclerosis. Due to the nature of her disability, she cannot foresee when and for how long she will be sick. She alleged that her supervisor wrote in her performance appraisal that she should reduce her sick leave. She refused to sign the performance appraisal.
Settlement:
Modifications to the performance appraisal with respect to sick leave.

Ground(s): Disability, sex
Area: Employment
Sector: Federal public service
Allegation:
The complainant was hired as a temporary employee. Later, she applied for a permanent position and indicated on the application form that she suffered from a depressive disorder. The complainant alleged that her manager denied her application for a permanent position because of her disability and also terminated her temporary employment.
Settlement:
Financial compensation and for pain and suffering for general damages.
Financial compensation for lost wages.
Review procedures on application of medical requirements.
Executive management to be apprised of the complainant's concerns.
Letter of reference.

Ground(s): Disability 
Area: Employment
Sector: Federal public service
Allegation:
The complainant was diagnosed with depression, she alleged that her employer failed to accommodate her and that when she requested medical leave, it was denied. She eventually resigned her employment.
Settlement:
Financial compensation for lost wages and for pain and suffering.
Letter of regret and letter of reference.

Ground(s): Disability
Area: Employment
Sector: Banking
Allegation:
The complainant began experiencing serious mental health problems shortly after being hired and therefore had to take a few days off on sick leave. She alleged that when she returned to work, her employer refused to pay her for the days she was sick. She was off a few more days during her probationary period which resulted in the termination of her employment.
Settlement:
Financial compensation for pain and suffering.
Amended Record of Employment.

Ground(s): Disability
Area: Employment
Sector: Separate federal agency 
Allegation:
The complainant, who is an insulin dependant diabetic, alleged that his managers initiated a targeted campaign of harassment and abuse against him. Eventually the complainant needed to take a sick leave and then required to go on long term disability. He further alleged that it took his employer two years to implement an accommodation request.
Settlement:
Financial compensation for general damages.

Ground(s): Disability
Area: Employment
Sector: Other 
Allegation:
The complainant has low vision and uses a scooter wheelchair. She alleged that her employer did not accommodate her disability by providing a fully accessible workplace and documents in large print. When she complained about the lack of accommodation she was ostracized by her co-workers and sent to work in another location which was not wheelchair accessible.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.

Ground(s): Disability, sexual orientation
Area: Employment
Sector: Banking
Allegation:
The complainant, who is homosexual, had a backache. He alleged that after revealing his homosexuality to his supervisor, she told him ‟you're gay, you're fired.” The following week, the complainant had to take a medical leave for which he submitted a medical certificate. Judging it inadequate, the respondent asked him to produce a more detailed one. Soon after, the complainant was dismissed.
Settlement:
Financial compensation for pain and suffering.


Provision of Services 

Ground(s): Disability 
Area: Provision of services
Sector: Transportation 
Allegation:
The complainant, who walks using a cane, alleged that she had difficulty accessing one of the transport company’s stations. Her concerns included such things as lighting, signage, and slope of pathways.
Settlement:
The transportation company agreed to modify, repair and or upgrade their station within a reasonable time.

Ground(s): Disability 
Area: Provision of services
Sector: Communications 
Allegation:
The complainant, who is visually impaired, complained that a television broadcaster failed to provide a described video (DV) signal while broadcasting several television programs that were of interest to her.
Settlement:
The broadcaster will contact the signal carrier company in order to obtain the DV signal. If it fails it will refer the matter to the CRTC.   
Sensitivity training to audience relations staff and the programming staff.
Broadcaster's website to include information that may not be technically possible to describe during a live broadcast.

Ground(s): Disability 
Area: Provision of services
Sector: Banking 
Allegation:
The complainant, who has an undisclosed disability, alleged that he received differential treatment from the employees at his bank. The complainant alleged that he was questioned about his injuries and about the amount of his compensation checks. The employees also insinuated that the checks he wished to deposit into his account were fraudulent.
Settlement:
Bank service charges waived for one year.
Charitable donation to an organization chosen by the complainant.
Gift certificate.
Letter of apology.

Ground(s): Disability
Area: Provision of services
Sector: Banking
Allegation:
The complainant alleged that he was denied sign language interpretation services (ASL) by his bank.
Settlement:
The Bank has advised all of its employees across Canada that it is the Bank’s policy to provide sign language interpreters upon request from a national database of organizations which provide ASL interpreters.
The Bank will also consider ways of informing the Deaf community of its policy with respect to ASL interpreters and will report back to the Commission.

Ground(s): Disability
Area: Provision of services
Sector: Transportation
Allegation:
The complainant is the father of a young child who has an allergy to peanuts and tree nuts. The complainant alleged that on two separate occasions, a transportation company did not accommodate his daughter’s disability by removing peanuts and tree nuts from their menu or by choosing not to sell these products to their other customers.
Settlement:
Agreement on a medically approved avoidance strategy for dealing with the daughter’s allergy while she is a passenger on board the transporter's vehicles.
Review of current practices with respect to persons with peanut and tree nuts allergies.

Ground(s): Disability
Area: Provision of services
Sector: Separate federal agency 
Allegation:
The complainant, who had a corneal transplant, alleged that he was refused accommodation as a security officer. In order to gain access to the restricted areas, he is required to pass through a biometric verification system. He alleged that when he was required to use an iris scanner for verification, it frequently malfunctioned due to the transplant. Rather than being provided access to a portable fingerprint scanner, he was sent to other screening stations that were distant from his personal work station. Even when the fingerprint scanner was available, the complainant was told he was not allowed to use it.
Settlement:
Explanation of the employer's limitations with respect to the biometric equipment.
Undertaking to provide clarification to the company operating the equipment on the use of alternative scanning methods to meet individual needs.
Verbal expression of regret. 

Ground(s): Disability
Area: Provision of services
Sector: Separate federal agency
Allegation:
The complainant, who is hard of hearing, alleged that an agency refused to provide him with the services of a sign language interpreter while he was using its facilities.
Settlement:
Financial compensation for legal fees.
Donation to the Canadian Hearing Society.
Policy change in order to accommodate the deaf and hard of hearing.
Parties agreed to a public announcement of this change of policy.

Ground(s): Disability 
Area: Provision of services 
Sector: Other 
Allegation:
The complainant, who is in a wheelchair, is assisted by a service dog in her movements. She was refused access to an entertainment building because of her dog.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.


Race, Colour, National or Ethnic Origin, Religion

Area: Provision of Services

Employment

Ground(s): Sex, religion, national or ethnic origin, disability  
Area: Employment
Sector: Separate federal agency 
Allegation:
The complainant alleged that his supervisor subjected him to unwelcomed comments of a sexual nature, negative comments about his ethnic origin as well as native spirituality, and that he assaulted him. The complainant eventually resigned from his position.
Settlement:
Financial compensation for pain and suffering for general damages.
Letter of apology.

Ground(s): National or ethnic origin, religion, sex 
Area: Employment
Sector: Transportation 
Allegation:
The complainant alleged that his supervisor harassed him by making sexual comments regarding the complainant having intercourse with his wife and made sexual gestures with his food. Furthermore, his supervisor asked him if he was part of the Taliban or a terrorist network. The complainant informed the employer of these actions and his employment was subsequently terminated
Settlement:
Financial compensation for damages.

Ground(s): Race, colour, national or ethnic origin, disability 
Area: Employment
Sector: Transportation 
Allegation:
The complainant, who is black, suffers from depression and anxiety. He alleged that his supervisors were dismissive as well as abrupt in their attitude towards him, abusively criticised his performance and subjected him to exaggerated supervision and harsh disciplinary measures.  
Settlement:
Financial compensation for general damages for legal costs.
Letter of employment.

Ground(s): Race, colour
Area: Employment
Sector: Communications
Allegation:
The complainant, who is black, alleged that a co-worker put a screen saver on her computer depicting racially derogatory images. The employer investigated the matter and could not determine who was responsible.
Settlement:
Financial compensation for pain and suffering.
Reinstatement of sick days.

Ground(s): Race, national or ethnic origin
Area: Employment
Sector: Federal public service
Allegation:
The complainant, an Aboriginal woman, alleged that her supervisor made derogatory comments about Aboriginal people, harassed her and ultimately played a role in the termination of her temporary employment contract. The employer did not intervene after it was made aware of the harassment.
Settlement:
Financial compensation for hurt feelings.
Letter of regret and letter of reference.

Ground(s): Race 
Area: Employment
Sector: Banking 
Allegation:
The complainant, an Asian woman, was employed as a manager in the banking industry. She alleged that she was harassed and her employment was subsequently terminated after she disciplined a Caucasian employee.
Settlement:
Financial compensation for general damages and for legal fees.
Retirement allowance.
Letter of confirmation of employment.

Ground(s): Race, national or ethnic origin, colour 
Area: Employment
Sector: Communications 
Allegation:
The complainant, who is black, alleged that he was denied work space, training and was also subjected to racist comments. His employment was eventually terminated.
Settlement:
Financial compensation for pain and suffering.
Human rights training to employees working at this location.

Ground(s): Race 
Area: Employment
Sector: Banking 
Allegation:
The complainant, who is black, alleged that his supervisors harassed him and that his co-workers engaged in racist comments and name-calling. He said he was not only given more work than his colleagues but also paid less. His employment was eventually terminated.
Settlement:
Financial compensation for general damages and for legal costs.
Financial compensation for severance and loss of income.

Ground(s): Race, national or ethnic origin, colour, family status, marital status 
Area: Employment       
Sector: Other 
Allegation:
The complainant, a Caucasian man, alleged that a First Nations group undermined his work and failed to provide him with a harassment-free work environment. He further alleged that he was accused of depriving other individuals of benefits he was receiving through marriage with his wife, who is a First Nations person entitled to benefits.
Settlement:
Financial compensation for general damages.

Ground(s): Race, national or ethnic origin 
Area: Employment
Sector: Federal public service
Allegation:
The complainant was participating in a training program. He alleged that he was subjected to derogatory comments by one of the instructors in relation to his Aboriginal heritage. He alleged that this instructor made several attempts to remove him from the program, and forced him to leave on the last day even though he had successfully completed all of the elements.
Settlement:
Official recognition of the complainant's successful completion of the program.

Ground(s): Race, national or ethnic origin
Area: Employment
Sector: Federal public service
Allegation:
The complainant, a Canadian who is originally from the Middle East, applied for a position. She alleged that during the job interview, she mentioned that an immediate family member was on an extended visit in the Middle East. The interview was then abruptly terminated and she was discouraged from continuing with her job application.
Settlement:
Financial compensation for pain and suffering.
The complainant will be allowed to reapply at a future date.
The interviewers will receive training on human rights.
Letter of regret.


Provision of Services

Ground(s): Race, colour, national or ethnic origin 
Area: Provision of services
Sector: Communication 
Allegation:
The complainant, who is a member of a visible minority, alleged that he was treated differently by a representative of his cable provider. The representative harassed him and made racially derogatory comments. The complainant also alleged that when he tried to address the matter, one of the managers treated him in a rude and abusive manner.
Settlement:
Free equipment to the complainant and free cable service for one year.

Ground(s): Race, colour, national or ethnic origin and sex
Area: Provision of services
Sector: Banking 
Allegation:
The complainant, who is black, alleged that he was excessively scrutinized when he applied for a loan. He alleged that the person who reviewed his application was rude and made inappropriate comments.
Settlement:
Financial compensation for general damages and for legal costs.

Ground(s): National or ethnic origin, race, disability 
Area: Provision of services
Sector: Transportation
Allegation:
The complainant, who is Aboriginal, suffers from rheumatoid arthritis. She alleged that while she was travelling with her children, an attendant harassed her and her family, and treated them differently than other passengers during their journey.
Settlement:
Financial compensation for general damages and pain and suffering.
Letter of apology.

Sex, Marital Status, Family Status

Area: Provision of Services

Employment

Ground(s): Sex, sexual orientation
Area: Employment
Sector: Transportation
Allegation:
The complainant, a woman who is married to a same-sex partner, works in a male-dominated workplace. She alleged that she was denied advancement as well as training opportunities and was harassed by her co-workers. She eventually had to take a sick leave due to stress at work.
Settlement:
Immediate entry into another group with apprenticeship.Opportunity to take supervisory training.
Adjustment of sick leaves
Counselling services upon request.
Invitation to join the employer’s Employment Equity Committee.

Ground(s): Sex, race, national or ethnic origin, colour
Area: Employment
Sector: Transportation
Allegation:
The complainant alleged that she was subjected to harassment in the workplace in the form of racist jokes, sexist comments and nude posters of women. She claims that her employment was terminated because of her complaints of harassment.
Settlement:
Financial compensation for hurt feelings.
Revision of policy on providing references for former employees.

Ground(s): Sex, disability
Area: Employment
Sector: Transportation
Allegation:
The complainant, who worked as a long-haul truck driver, alleged that she was given less work opportunities than her male colleagues. She further alleged that when she became ill, her sick benefits were cancelled and her employment was terminated.
Settlement:
Financial compensation for general damages.
Letter of employment.

Ground(s): Sex, family status
Area: Employment
Sector: Communications
Allegation:
The complainant was off on maternity leave for one year. Prior to her scheduled return, she was advised that her position had been eliminated due to re-structuring. She alleged that she was replaced due to her pregnancy and family status.
Settlement:
Financial compensation for pain and suffering.

Ground(s): Family status
Area: Employment
Sector: Banking
Allegation:
The complainant, who’s son has asthma, alleged that she received a warning letter for taking time off to attend to her sick child despite providing a medical note. Subsequently, the complainant was advised that her employment was terminated due to a security breach. She alleged that her employment ended due to her child-related absences.
Settlement:
Financial compensation for general damages.

Ground(s): Sex
Area: Employment
Sector: Federal public service
Allegation:
The complainant had been working for nine months in a one year determinate position when she left for maternity leave. She alleged that the people hired around the same time as her, were given an indeterminate position whereas her contract was not renewed because she went on maternity leave.
Settlement:
Reinstatement in her previous determinate position with retroactive pay
Approval of the complainant’s parental leave until she is ready to return to work.

Ground(s): Sex
Area: Employment
Sector: Other
Allegation:
The complainant alleged that she was subjected to sexual harassment in the form of unwelcome comments and gestures from her supervisor. After she complained to the employer, her employment was terminated.
Settlement:
Financial compensation for general damages.
Policy review by the Commission.

Ground(s): Sex
Area: Employment
Sector: Banking
Allegation:
The complainant is pregnant and states that due to frequent pregnancy related illnesses, she decided to relocate to be closer to her family and receive better medical care. She claims that her employer has a policy which allows for a leave of absence of up to 60 days during which time an employee could relocate and find another job within the organization. The complainant alleged that her employer refused to give her a leave of absence because of her pregnancy and as a result she was forced to leave her employment.
Settlement:
Letter of employment.
Distribute the complainant’s resume to all branches in the complainant’s region.

Ground(s): Sex, family status
Area: Employment
Sector: Other
Allegation:
The complainant was a supervisor for four years prior to her maternity leave. Her employer hired someone to fill her position temporarily. She alleged that after she returned to work, the temporary person was hired permanently and occupied her office. The complainant’s possessions were moved to a storage room and the complainant was informed that this was her new office. Her new work assignments were also at a much lower level. The complainant resigned within a month after her return to work.
Settlement:
Financial compensation for pain and suffering and for legal expenses.

Ground(s): Sex
Area: Employment
Sector: Federal public service
Allegation:
The complainant alleged that her employer discriminated against her by refusing to extend her term contract because she was pregnant, thereby making her ineligible for maternity top-up benefits.
Settlement:
Retroactive appointment of the complainant to a term contract.

Ground(s): Sex
Area: Employment
Sector: Other
Allegation:
The complainant alleged that a co-worker made inappropriate comments and advances towards her. After she refused his advances, he initiated a campaign of harassment and defamation that impacted her work. She complained to the employer, who addressed the situation, but the measures taken were not successful in resolving the situation.
Settlement:
Financial compensation for pain and suffering.
Review of the employer’s anti-harassment policy and internal investigations procedures.
Training for all employees in human rights.
Verbal expression of regret.

Ground(s): Sex, family status, race
Area: Employment
Sector: Other
Allegation:
The complainant, who is Caucasian mother with two children, worked for a Native Band Council. She alleged that her co-workers called her names and harassed her because she is not Aboriginal. The complainant's employment was eventually terminated.
Settlement:
Financial compensation for general damages.

Ground(s): Sex, sexual orientation, family status, national or ethnic origin
Area: Employment
Sector: Transportation 
Allegation: The complainant alleged that her supervisor and some male co-workers made inappropriate comments about women, gays and certain ethnic groups. Her supervisor told dirty jokes and, on one occasion, a colleague punched her in the breast. To address the situation, the complainant called the Human Resources Department to raise her concerns. The next day, her supervisor informed everyone that she had filed a complaint against them. She alleged that her employer did not handle her complaints properly.
Settlement:
Financial compensation for general damages.
Agreement to place a poster within all Canadian facilities addressing sexual harassment.

Ground(s): Sex 
Area: Employment
Sector: Transportation 
Allegation:
The complainant, a female truck driver, alleged that while training as a long-haul truck driver, her trainer made inappropriate comments and called her derogatory names. When she objected, the trainer began treating her in a dismissive manner and refused to accommodate any of her needs on the road trip. After reporting the trainer’s behavior to her employer, no actions were taken to correct the situation.
Settlement:
Financial compensation for pain and suffering.
Training in respectful work environments for staff and drivers.
Anti-harassment policy to be revised. 

Ground(s): Sex, family status, marital status
Area: Employment
Sector: Transportation
Allegation:
The complainant works as a security officer in an airport. She alleged that
co-workers made derogatory comments about her husband and remarks of a sexual nature. She complained to her managers but the problems persisted. Eventually, she had to take some time off due to stress.
Settlement:
Financial compensation for lost wages.
Financial compensation for pain and suffering.
No loss in seniority for taking time off.

Ground(s): Sex 
Area: Employment
Sector: Other
Allegation:
The complainant worked in the administrative office of a First Nation group. She alleged that an official repeatedly harassed her by making sexually suggestive remarks and standing over her in an intimidating manner. She asked him to stop and complained to her supervisor, but her complaint was never investigated. Her employment was terminated while she was on stress leave.
Settlement:
Reimbursement of full tuition fees toward obtaining a university degree.

Ground(s): Sex        
Area: Employment
Sector: Other  
Allegation:
The complainant alleged that co-workers made inappropriate sexual comments, and that her supervisor treated her harshly. She complained but nothing was done and she eventually had to resign.
Settlement:
Financial compensation for general damages.
The employer will review its harassment policy.

Ground(s): Sex 
Area: Employment 
Sector: Transportation 
Allegation:
The complainant was dismissed a few months after she was hired. She alleged that the person who dismissed her subjected her to discriminatory comments, saying that a woman should not be a dispatcher, and wrongly accused her of causing the loss of a contract to her employer.
Settlement:
Financial compensation for pain and suffering.
Letter of reference.
Letter confirming that the complainant is not responsible for the loss of a contract.


Provision of Services

Ground(s): Marital and family status
Area: Provision of services
Sector: Banking
Allegation:
The complainant alleged that a Bank decided to terminate all of her banking services after her husband made threatening comments to one of the bank’s employees.
Settlement:
Financial compensation for pain and suffering.
Letter of apology.

Age

Area: Provision of services

Employment

Ground(s): Age
Area: Employment
Sector: Transportation
Allegation:
The complainant alleged that he was forced into retirement pursuant to a policy of the employer’s pension plan. He also alleged that while the employer could request an exemption to allow work past retirement age, it refused to do so. Discussions with the employer had touched on the possibility of post-retirement contract work but this never materialized.
Settlement:
Financial compensation for general damages.
Initiate conversation with the employer’s association to prepare for the possible repeal of mandatory retirement.

Ground(s): Age
Area: Employment
Sector: Transportation
Allegation:
The complainant was employed under a collective agreement that provided for mandatory retirement at age 65. While preparing for transition into retirement he learned that mandatory retirement had been abolished for provincially-regulated workers in his home province. He inquired with his employer about continuing to work beyond age 65 but, although his employer initially agreed to explore the possibility, his request was ultimately turned down.
Settlement:
Financial compensation for pain and suffering.
Letter of regret.

Ground(s): Age
Area: Employment
Sector: Banking
Allegation:
The complainant, who reached the age of 65 years, alleged that she was forced to retire under her employer's retirement policy.
Settlement:
Financial compensation for lost wages.
Extension of employment contract for one year.
Review of the mandatory retirement policy.

Ground(s): Age
Area: Employment
Sector: Communications
Allegation:
The complainant alleged that his employer advised him that he would need to retire when he reached the age of 65. He later informed his supervisors that he wanted to continue working past the age of 65. His employer allowed him to do so, but with reduced benefits and pay.
Settlement:
Financial compensation for general damages.
Continued employment with current pay and benefits for a definite period of time.

Ground(s): Age, national or ethnic origin
Area: Employment
Sector: Banking
Allegation:
The complainant, a 57 year old Asian woman, alleged that new and younger employees refused to work with her during training and made derogatory remarks. She approached her employer regarding these comments and was advised that nothing could be done. Subsequently, the employer told her she was not suitable for the position and ended her employment. She alleged that her employment was terminated because of her age and ethnic origin.
Settlement:
Financial compensation for renunciation of her right to reinstatement.
Withdrawal of unjust dismissal complaint and human rights complaint.
Letter of employment.

Ground(s): Age
Area: Employment
Sector: Other
Allegation:
A group of four workers, aged 65 and over, alleged that their employer terminated their employment following the introduction of a mandatory retirement policy.
Settlement:
Financial compensation for each complainant for severance, pain and suffering and costs.
No restrictions from applying in the future for open positions.

Ground(s): Age 
Area: Employment 
Sector: Federal public service
Allegation:
The complainant, who is over 60, worked as a consultant. He alleged that an official of the organization engaging his services and responsible for his contract renewal asked him why he was still working at his age and suggested he stay home.
Settlement:
Financial compensation for pain and suffering.

Provision of Services

No Cases.

Sexual Orientation

Area: Provision of services

Employment

Ground(s): Sexual orientation, sex
Area: Employment
Sector: Communications 
Allegation:
The complainant, a lesbian, alleged that her manager subjected her to unwelcomed comments and gestures of a sexual nature. She informed her superiors of the situation, however her complaints were not dealt with adequately or confidentially. Finally, she was dismissed without cause or notice.
Settlement:
The complaint was settled between the parties and the terms were not disclosed.


Provision of Services

No Cases.