Connect

Legal News

Tribunal Finds Objectionable Conduct Not Discriminatory
November 7, 2005

The BC Human Rights Tribunal has dismissed a complainant’s allegations that her employer’s treatment was discriminatory on the basis of her physical disability.

The complainant claimed she was yelled at, singled out for negative treatment, asked to move offices and not called for shift work because of her physical disability.

The employer denied discriminating against the complainant and adduced evidence that the complainant had work performance issues which were the basis for legitimate measures taken by the employer. There was also evidence that the employer had no knowledge of the complainant’s disability, nor did the complainant request accommodation in relation to her disability.

In these circumstances, the Tribunal dismissed the complaint, noting that the facts alleged, even if true, did not support a nexus between the complainant’s disability and her alleged unfair treatment. As such, she could not establish a contravention of the Human Rights Code.

Vivian Schmidt v. Legal Services Society, 2005 BCHRT 472