Waddle v. Canadian Pacific Railway & Teamsters Canada Rail Conference

Waddle v. Canadian Pacific Railway & Teamsters Canada Rail Conference

The Tribunal found no prima facie family status discrimination. It found prima facie disability discrimination but held the employer’s restrictions were justified as a BFOR related to safety critical work and that the Complainant was accommodated to the point of undue hardship (assigned yard shifts, opportunity to bid, offer to relocate), with the Complainant’s own failure to facilitate accommodation also barring relief; complaints dismissed.

Citation
2017 CHRT 24
Parties
Complainant: Keith Waddle; Commission: Canadian Human Rights Commission; Respondent (employer): Canadian Pacific Railway; Respondent (union): Teamsters Canada Rail Conference
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 July 2017
Procedural Posture
Canadian Human Rights Act Complaint Tribunal Inquiry / Final Decision (hearing Concluded)
Outcome
Complaints dismissed against Canadian Pacific Railway and Teamsters Canada Rail Conference
Legal Topics
Disability Discrimination, Family Status Discrimination, Accommodation to Point of Undue Hardship, Bona Fide Occupational Requirement (bfor), Union Duty to Accommodate, Procedural Amendments and Disclosure
Source Language
English
Human Rights Law Employment Law Administrative Law Disability Discrimination Family Status Discrimination Accommodation to Point of Undue Hardship Bona Fide Occupational Requirement (bfor) Union Duty to Accommodate +1 more

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Parties

Keith Waddle

Complainant

Canadian Human Rights Commission

Commission

Canadian Pacific Railway

Respondent (employer)

Teamsters Canada Rail Conference

Respondent (union)

Procedural Posture

Canadian Human Rights Act Complaint Tribunal Inquiry / Final Decision (hearing Concluded)

Legal Issues

  1. 1 Whether prima facie discrimination based on family status was established against CP and TCRC
  2. 2 Whether prima facie discrimination based on disability was established against CP and TCRC
  3. 3 If prima facie disability discrimination proved, whether the impugned restrictions constituted a BFOR

Ratio Decidendi

The Tribunal found no prima facie family status discrimination. It found prima facie disability discrimination but held the employer’s restrictions were justified as a BFOR related to safety critical work and that the Complainant was accommodated to the point of undue hardship (assigned yard shifts, opportunity to bid, offer to relocate), with the Complainant’s own failure to facilitate accommodation also barring relief; complaints dismissed.

Court Disposition

Complaints dismissed against Canadian Pacific Railway and Teamsters Canada Rail Conference

Orders

  • Complaints dismissed; no compensation awarded