HOME /

Prince Edward Island Human Rights Commission Complaint Update

Charlottetown, Prince Edward Island, May 22, 2000
Since July 2000, the PEI Human Rights Commission has settled 20 complaints, and dismissed or discontinued 36 complaints. Seven complaints were withdrawn. There are currently 36 active complaints, three of which are scheduled for panel hearings. For more information, see our web site at: http://www.gov.pe.ca/humanrights

The Human Rights Act establishes a complaint process under which the Commission has the authority to receive, investigate, attempt to settle (at any stage) and make rulings on complaints. The settlement amounts for general damages may range from $500 to $10,000 plus payment of lost wages. The Commission has summarized a few recent settlements.

Employment/Sex (Pregnancy) and Physical or Mental Disability
In July 1999, a woman filed a complaint alleging that her employer discriminated against her on the basis of sex (pregnancy) and physical or mental disability. The employer ceased to pay the employer portion of the Complainant's medical insurance premiums during her maternity leave, forcing her to pay the total premium herself to maintain coverage. When the Complainant developed post-partum depression, her physician recommended that she remain on leave for an additional month and then gradually return to work. The employer agreed to additional leave but refused to allow her to ease back. When the Complainant was unable to return immediately to full-time duties, her employment was terminated. The parties reached a settlement in November 2000. The Respondent agreed to participate in a Human Rights Education Seminar, pay the Complainant a sum of general damages and provide a letter of reference.

Employment/Sex (Pregnancy)
In July 1999, a woman filed a complaint alleging that she was dismissed from her employment as a waitress at a local inn because she was pregnant. The Complainant claimed that when she was 6 ½ months pregnant, her shifts that week were all reassigned to other waitresses. Her employer did not provide a satisfactory explanation. A co-worker indicated that she had overheard the employer discussing dismissing the Complainant because she was pregnant. The Complainant believed that she was being forced out of her job. The employer denied having any intention of dismissing the Complainant and maintained that her shifts were rescheduled in order to train new waitresses and to accommodate another employee's hours. The parties reached a settlement in November 2000. The Complainant received a sum of general damages and a letter of recommendation.

Employment/Age
In July 2000, a woman filed a complaint alleging discrimination in employment on the basis of age. The Complainant was hired by a local employer for a position funded under a Federal Government youth employment initiative. Employment in the project was restricted to those 19 - 30 years old. The Complainant was dismissed several days after she commenced work, when the employer discovered that she was 31 years old. The parties reached a settlement in December 2000. The Complainant received a sum of general damages and a letter of apology.

Services and/or Facilities/Physical or Mental Disability
In July 2000, a man filed a complaint alleging discrimination in access to services and/or facilities on the basis of physical or mental disability. The Complainant uses an electric wheelchair. He was unable to enter a local store because the doorstep was too high. He maintained that he had brought this to the building owner's attention two years previously, but the problem had not been addressed. The parties reached a settlement in December 2000. The Respondent constructed a ramp to make the entrance accessible.

Employment/Sex (Harassment)
In November 1999, a woman filed a complaint alleging discrimination in employment on the basis of sex (harassment). The Complainant had been employed as a waitress/bartender. She claimed that she and her employer engaged in consensual sexual relations on one occasion. She alleged that after this incident, her employer continued to pursue her. When she rejected his advances, her working conditions deteriorated and ultimately she was dismissed. The employer denied that the Complainant's work environment changed after the sexual incident and maintained that she was dismissed for poor job performance. The parties reached a settlement in March 2001. The Complainant received a sum of general damages.

Accommodations/Sexual Orientation
In August 2000, a gay couple filed a human rights complaint alleging discrimination in accommodations on the basis of sexual orientation. The couple was visiting the Island and made reservations for two at a local bed and breakfast. When they arrived, the owner refused to rent the two men one room with one bed. The Respondent maintains that she acted in accordance with her belief that two unrelated adults of the same sex should not sleep in the same bed. The parties reached a settlement in March 2001. The Respondent agreed to cease operating a bed and breakfast or any other tourist accommodation and to pay the Complainants a sum of general damages. Furthermore, if the Respondent commenced to operate a tourist facility in the future, they would provide to the Commission assurance of compliance with the Human Rights Act.

Employment - Sex (Pregnancy)
In November 1999, a woman filed a complaint alleging discrimination in employment on the basis of sex (pregnancy). The Complainant was a supervisor with a national food service company. Shortly before the birth of her child, her position and another supervisory position were combined into one. The person employed in the other supervisory position assumed the Complainant's job responsibilities. The Complainant believed that she was not offered the new position because she was pregnant and would be taking maternity leave soon. The Respondent maintained that they offered the position to the most qualified supervisor. The parties reached a settlement in March 2001. The Complainant received a sum of general damages for the alleged discrimination.

Employment and Services and/or Facilities - Physical or Mental Disability
In May 2000, a man filed a human rights complaint alleging discrimination in employment on the basis of a physical or mental disability. The Complainant has a visual impairment. When he was hired as a front desk clerk at a hotel, he informed the employer of his visual impairment. The employer agreed to obtain special equipment to assist the Complainant when using the computer system. The Complainant experienced difficulties during the training process because the special equipment was not yet in place. He was removed from the front desk position and given a housekeeping position. He was later dismissed from housekeeping for allegedly not meeting the hotel's requirements. The parties reached a settlement in March 2000. The Respondent agreed to participate in a human rights seminar and meet with a representative from the Canadian National Institute for the Blind to discuss accommodating visually-impaired employees. The Complainant received a sum of general damages in compensation for the alleged discrimination.

Employment - Physical or Mental Disability
In June 2000, a man filed a complaint alleging that his former employer discriminated against him by refusing to allow him to ease back into his position following a workplace injury and by refusing to continue to employ him because of a disability. The Respondent disputed the allegation that the Complainant was refused continued employment. The parties reached a settlement in April 2001. The Complainant received a sum of general damages.

The Commission effected settlements of (6) other complaints alleging discrimination in employment on the basis of political belief, sex (harassment), sex (pregnancy), physical or mental disability and sexual orientation, however the Commission is prevented from releasing the terms of such settlements by the terms of the agreements. The Commission settled five (5) other complaints alleging discrimination in the provision of services on the basis of marital status and sexual orientation.