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Disability

Should "obesity" be a prohibited ground of discrimination in Canadian human rights legislation?

The National Post newspaper ran a story today ("Obese Canadians should be granted legal protection from discrimination, professor says") which discussed whether obese people should be protected from discrimination in Canadian human rights legislation.

The article noted that this could be achieved in a few different ways. First, obesity could be treated as a "disability", which is already a recognized ground in human rights legislation. As it relates to this approach, the article noted theat:  read more »

Employee's pornography viewing at work not linked to recognized disability; dismissal upheld by arbitrator

Jurisdiction: - British Columbia
Sector: - Health Care

Interior Health Authority (South Similkameen Health Centre) and Hospital Employees' Union, (R.P. Discharge) [2013] B.C.C.A.A.A. No. 44 (Kate Young)

BC HR Tribunal awards $900 in costs against former employee who tried to resile from settlement agreement

Jurisdiction: - British Columbia

In Edwards v. Schnitzer Steel Pacific, 2012 BCHRT 335, the BC Human Rights Tribunal:

  • granted the employer's application to dismiss the former employee's human rights complaint under section 27(1)(d)(ii) of the BC Human Rights Code; and
  • awarded the employer $900 in costs due to the fact that the former employee had tried to resile from a settlement agreement that he had previously entered into, with the assistance of his lawyer, with the employer.

Ontario court confirms that employee with "anger management issues" not disabled under Code

Jurisdiction: - Ontario
Sector: - Public Safety

In Gulick v. Ottawa Police Service, 2012 ONSC 5536, the Ontario Superior court confirmed that an employee with "anger management issues" was not disabled for the purposes of the Ontario Human Rights Code and thus not entitled to accommodation.

Specifically, the court stated the following in this case, which involved the dismissal of a police officer:

[15] While the incident giving rise to the disciplinary hearing did involve
some consumption of alcohol and medications, the Hearing Officer found as a
fact that the incident was triggered by anger management issues with which the
applicant had been struggling for several years.  The Hearing Officer found
that alcohol was, at most, an exacerbating factor.  We are not aware of any
jurisprudence which has established that anger management issues will support a
finding of disability.  read more »