Culic v. Canada Post Corporation

Culic v. Canada Post Corporation

The Tribunal found that Canada Post was entitled to seek objective medical information and that an IME in Regina was a BFOR in the initial period; however, Canada Post implemented its information requirements in a discriminatory manner (aggressive public questioning, threats of discipline) and failed to justify refusing return to work pending two IMEs in Winnipeg or the imposition of disciplinary leave while the complainant was pregnant; Canada Post did not establish that alternatives were investigated or that sending the complainant to Winnipeg or holding her out of service was necessary or would cause undue hardship, therefore those actions constituted discrimination and remedies were...

Citation
2007 CHRT 1
Parties
Complainant: Sandy Culic (Sandy Lipp); Commission: Canadian Human Rights Commission; Respondent: Canada Post Corporation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
24 January 2007
Procedural Posture
Canadian Human Rights Tribunal Discrimination Complaint / Final Decision (reasons for Decision)
Outcome
Complaint substantiated in part against Canada Post Corporation; remedies ordered for discriminatory conduct related to communications, refusal to return pending Winnipeg IMEs, and disciplinary leave without pay
Legal Topics
Disability Discrimination, Pregnancy Discrimination, Perceived Disability, Independent Medical Examination (ime), Accommodation and Undue Hardship, Bona Fide Occupational Requirement (bfor), Remedies and Damages
Source Language
English
Human Rights Employment Law Administrative Law Labour Relations Disability Discrimination Pregnancy Discrimination Perceived Disability Independent Medical Examination (ime) +3 more

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Parties

Sandy Culic (Sandy Lipp)

Complainant

Canadian Human Rights Commission

Commission

Canada Post Corporation

Respondent

Procedural Posture

Canadian Human Rights Tribunal Discrimination Complaint / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether Canada Post's requirement for medical information and IMEs constituted discrimination on the basis of disability
  2. 2 Whether the manner of communications (public questioning, threats of discipline) constituted adverse differential treatment
  3. 3 Whether refusal to permit return to work until attendance at two IMEs in Winnipeg was discriminatory including on the basis of pregnancy

Ratio Decidendi

The Tribunal found that Canada Post was entitled to seek objective medical information and that an IME in Regina was a BFOR in the initial period; however, Canada Post implemented its information requirements in a discriminatory manner (aggressive public questioning, threats of discipline) and failed to justify refusing return to work pending two IMEs in Winnipeg or the imposition of disciplinary leave while the complainant was pregnant; Canada Post did not establish that alternatives were investigated or that sending the complainant to Winnipeg or holding her out of service was necessary or would cause undue hardship, therefore those actions constituted discrimination and remedies were...

Court Disposition

Complaint substantiated in part against Canada Post Corporation; remedies ordered for discriminatory conduct related to communications, refusal to return pending Winnipeg IMEs, and disciplinary leave without pay