Cole v. Bell Canada

Cole v. Bell Canada

The Tribunal found that Bell discriminated on the basis of sex by discouraging and mischaracterizing the complainant's breastfeeding accommodation request as a medical/disability matter, improperly requiring medical documentation, failing to treat the request as parental/breastfeeding accommodation, and failing to make every reasonable effort to accommodate or demonstrate undue hardship; remedies were ordered including a policy, monetary compensation and lost wages for physician visits.

Citation
2007 CHRT 7
Parties
Complainant: Hayley Cole; Commission: Canadian Human Rights Commission; Respondent: Bell Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 April 2007
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Decision (reasons for Decision)
Outcome
Complaint substantiated; discrimination on basis of sex found against Bell Canada under s.7 of the Canadian Human Rights Act
Legal Topics
Breastfeeding Accommodation, Sex Discrimination, Duty to Accommodate, Bona Fide Occupational Requirement, Remedies
Source Language
English
Human Rights Employment Law Administrative Law Breastfeeding Accommodation Sex Discrimination Duty to Accommodate Bona Fide Occupational Requirement Remedies

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Parties

Hayley Cole

Complainant

Canadian Human Rights Commission

Commission

Bell Canada

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether differential treatment for breastfeeding constitutes sex discrimination
  2. 2 Whether complainant established a prima facie case of discrimination
  3. 3 Whether employer lawfully required medical evidence and treated breastfeeding as a disability

Ratio Decidendi

The Tribunal found that Bell discriminated on the basis of sex by discouraging and mischaracterizing the complainant's breastfeeding accommodation request as a medical/disability matter, improperly requiring medical documentation, failing to treat the request as parental/breastfeeding accommodation, and failing to make every reasonable effort to accommodate or demonstrate undue hardship; remedies were ordered including a policy, monetary compensation and lost wages for physician visits.

Court Disposition

Complaint substantiated; discrimination on basis of sex found against Bell Canada under s.7 of the Canadian Human Rights Act

Orders

  • Order Bell to develop and implement, in consultation with the Commission, a policy on accommodation for breastfeeding employees and effectively communicate it to employees (s.53(2)(a))
  • Order Bell to pay $5,000 to Hayley Cole for pain and suffering (s.53(2)(e))