Jaques v 1633092 Ontario Ltd. Tosh Steakhouse 2016 HRTO 403
Michelle Jaques worked at Tosh Steakhouse for three years. After she became pregnant, on her doctor’s advice, Ms. Jaques advised her employer that it was medically inadvisable for her to go up and down the stairs to the second floor dining room.
After initially agreeing to her request as per her doctor’s advice, the restaurant told Ms. Jaques that “it was not possible” to have her work only on the ground floor. In testimony, the employer referred to internal shift policies prohibiting the change. The HRLSC represented Ms. Jaques and argued before the Human Rights Tribunal of Ontario that there were no written policies in place and that, even if such policies existed, adapting the policies to accommodate her medical restrictions would not be an “undue hardship” for the restaurant.
The Tribunal accepted the HRLSC’s arguments and found the employer had failed to take the necessary steps required under the Human Rights Code to accommodate her needs as a pregnant employee. Pregnancy is specifically included in the Code’s protection against discrimination based on sex.
The Tribunal ordered:
- $15,000 compensation for the discrimination;
- $4,170.60 in lost wages; and
- training for the directors and managers of the restaurant
To read the full decision, visit CanLII
For more information about accommodation under Ontario’s Human Rights Code see: Your Right to Accommodation on our web site.