Christoforou v. John Grant Haulage Ltd.

Christoforou v. John Grant Haulage Ltd.

Respondent discriminated on the ground of disability by refusing the complainant's accommodation request and terminating employment because it failed to conduct any meaningful individualized assessment or explore reasonable accommodations; safety concerns alone did not relieve the employer of its duty to investigate accommodation and to prove undue hardship, which the respondent did not do.

Citation
2020 CHRT 33
Parties
Complainant: Michael Christoforou; Commission: Canadian Human Rights Commission; Respondent: John Grant Haulage Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
19 October 2020
Procedural Posture
Human Rights Employment Discrimination / Final Decision
Outcome
Complaint allowed in part: discrimination on ground of disability established; age allegations dismissed; remedies to be determined
Legal Topics
Disability Accommodation, Bona Fide Occupational Requirement, Undue Hardship, Age Discrimination, Reinstatement, Procedural Delay
Source Language
English
Human Rights Employment Law Administrative Law Transportation/occupational Safety Disability Accommodation Bona Fide Occupational Requirement Undue Hardship Age Discrimination +2 more

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Parties

Michael Christoforou

Complainant

Canadian Human Rights Commission

Commission

John Grant Haulage Ltd.

Respondent

Procedural Posture

Human Rights Employment Discrimination / Final Decision

Legal Issues

  1. 1 Whether complainant established prima facie discrimination for refusal to accommodate reduced hours and for termination
  2. 2 Whether employer justified discrimination by proving a bona fide occupational requirement (BFOR) and undue hardship
  3. 3 Scope and nature of appropriate remedies

Ratio Decidendi

Respondent discriminated on the ground of disability by refusing the complainant's accommodation request and terminating employment because it failed to conduct any meaningful individualized assessment or explore reasonable accommodations; safety concerns alone did not relieve the employer of its duty to investigate accommodation and to prove undue hardship, which the respondent did not do.

Court Disposition

Complaint allowed in part: discrimination on ground of disability established; age allegations dismissed; remedies to be determined

Orders

  • Complaint substantiated on the basis of disability
  • Parties directed to notify the Tribunal within 14 days whether they agree to mediate remedial issues with or without Tribunal assistance