Tanzos v. Az Bus Tours Inc.

Tanzos v. Az Bus Tours Inc.

Tribunal found the complainant had a disability and established a prima facie case; respondent failed to show it accommodated the complainant up to the point of undue hardship or to demonstrate reasonable attempts to investigate and implement accommodations; complaint under s.7 of the CHRA upheld and compensation awarded for lost wages and pain and suffering totalling $15,035 plus interest from the date of the complaint.

Citation
2007 CHRT 33
Parties
Complainant: Barbara Tanzos; Commission: Canadian Human Rights Commission; Respondent: AZ Bus Tours Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
8 August 2007
Procedural Posture
Canadian Human Rights Act S.7 Employment Discrimination / Tribunal Reasons for Decision (final)
Outcome
Complaint substantiated under s.7 of the CHRA; respondent ordered to pay monetary relief.
Legal Topics
Discrimination on Basis of Disability, Duty to Accommodate, Prima Facie Test, Remedies: Lost Wages and Pain and Suffering, Undue Hardship
Source Language
English
Human Rights Employment Law Administrative Law Disability Accommodation Discrimination on Basis of Disability Duty to Accommodate Prima Facie Test Remedies: Lost Wages and Pain and Suffering +1 more

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Parties

Barbara Tanzos

Complainant

Canadian Human Rights Commission

Commission

AZ Bus Tours Inc.

Respondent

Procedural Posture

Canadian Human Rights Act S.7 Employment Discrimination / Tribunal Reasons for Decision (final)

Legal Issues

  1. 1 Whether the complainant suffered from or was perceived to suffer from a disability
  2. 2 Whether the respondent discriminated by failing to accommodate the complainant contrary to s.7 of the CHRA
  3. 3 Whether the respondent met its duty to accommodate up to the point of undue hardship

Ratio Decidendi

Tribunal found the complainant had a disability and established a prima facie case; respondent failed to show it accommodated the complainant up to the point of undue hardship or to demonstrate reasonable attempts to investigate and implement accommodations; complaint under s.7 of the CHRA upheld and compensation awarded for lost wages and pain and suffering totalling $15,035 plus interest from the date of the complaint.

Court Disposition

Complaint substantiated under s.7 of the CHRA; respondent ordered to pay monetary relief.

Orders

  • Respondent to pay the complainant $15,035.00 (comprised of $12,035.00 lost wages and $3,000.00 for pain and suffering).
  • Interest to accrue from date of complaint until payment at the Bank of Canada official rate (simple annual interest) pursuant to Tribunal Rules s.9(12) and CHRT practice.