Lupus Canada Advokit

Discrimination in Hiring

Mr. K. McKenzie was refused employment as a miner because he was an insulin-dependent diabetic.

His diabetes was stable and under control. Work in a mine, with its harsh environmental conditions and long hours, would be no harder on him than on a non-diabetic miner.

By refusing him the job without assessing his individual ability to perform the tasks of the job, the employer had discriminated against Mr. McKenzie.

The company was ordered to give him a job and if it refused to do so, the Council would hear further arguments about compensation.

Reference: Kevin McKenzie v. Quintets Coal Limited, Canadian Human Rights Reporter, Volume 8, Decision 601, paras 29729 - 29817 (February/ March 1987)

Lupus triggered by auto accident - damages awarded

In a recent Ontario decision, a woman who had been healthy and fit prior to an automobile accident but who suffered from lupus after it, was awarded considerable damages.

The Court held that in all probability, the lupus was triggered by the accident.

Reference: Larivee v LaFrance, Ontario Court General Division, Action No. 96 334 024 (Mr. Justice R. P. Boissinneault)

Discrimination in Hiring

Mr. R. Henderson applied to BC Transit for a bus driver's job, but was refused when his medical exam showed that he had Crohn's Disease.

The BC Counsel of Human Rights found that BC Transit had discriminated against Mr. Henderson by denying him the position. It ordered BC Transit to offer him the next available job, with seniority from the date of the original refusal.

Also, it ordered that he be paid an amount equal to what he would have earned between that date and the date of hearing, minus what he had earned in any other occupation in the interim. He was also awarded $1500 compensation for humiliation and injury to self esteem.

Reference: Robert G. Henderson v. BC Transit, Canadian Human Rights Reporter, Vol 18, Decision 9, paras 1-76 (May 1992)

Discrimination on the Job

Ms. Maren Engell had multiple sclerosis. In 1984, after a year working as an occupational therapist for with Mount Sinai Hospital, her multiple sclerosis worsened. She was absent from work for several months and then returned. She worked full-time for three months but then began to experience severe nausea because she was pregnant. She was unable to work and asked to take vacation leave to visit relatives.

Her vacation leave was denied on the grounds that she had been absent too often because of her health. She was told that if she went on vacation, her employment would be terminated. She went on holiday and the hospital fired her.

An Ontario Board of Inquiry under the Ontario Human Rights Code found that her vacation leave was denied because of absenteeism caused by her disability. People with disabilities are entitled to the same employment benefits as other employees, including vacations.

The hospital violated the Human Rights Code when it denied Ms. Engell vacation leave and fired her. The hospital was ordered to pay her $7,200 for lost wages and $1,000 to compensate her for the injury to her dignity and self respect and the loss of her right of freedom from discrimination. The hospital was ordered to remove the notation of "dismissal" from her personnel file and to issue a letter of recommendation for future employment.

Reference: Maren Engell v. Mount Sinai Hospital, Canada Human Rights Reporter, Volume 11, Decision 8, paras 1-53, (January 1990).