An award of $3,000 was made for injured feelings when the applicant was asked questions relating to her intent to start a family,[1] the sum of $1,500 due to questions asked about the applicant’s family status,[2] and sums ranging from $5,000 to $15,000 for sexual solicitations in the hiring process.[3]
The same award of $3,000 was made based on an application form which asked if the proposed candidate had ever received psychiatric care,[4] as was a termination based on a perceived or actual disability.[5]
$4,000 was awarded to a Seventh Day Adventist unable to work on Saturday,[6] and in a similar case, the sum of $5,000 was allowed due to the denial of employment based on creed. The applicant was a Seventh Day Adventist and unable to work on Saturdays.[7] An evangelical Christian unable to work on Sunday recovered $5,000.[8] Similar awards of $5,000 have been made for adverse treatment due to creed.[9] [10]
The sum of $10,000 was awarded due to age related medical testing,[11] and to a person terminated due to ADHD.[12] $7,000 was awarded to a finding of adverse treatment due to age on some of the allegations, but not all.[13]$5,000,[14] $10,000[15], $13,000,[16] $12,500,[17] $15,000[18] and $20,000[19] has been awarded for termination due to pregnancy. The sum of $10,000 was seen as appropriate for a termination due to a miscarriage.[20]
The sum of $4,000 was made in what has become a leading case on the issue of compensatory damages due to a supervisor’s comments about the applicant’s pregnancy.[21] $5,000 was awarded by the Alberta human rights panel.[22]
A lost income award was allowed for a woman 8 months pregnant through to the date of the birth of her child and a further period following the expiry of EI benefits to the date of new employment of 6 weeks, in the total sum of $3,600.[23] A similar full award of lost wages and lost parental benefits as would have been provided by the employer totaling $15,000 was allowed.[24] A lost retention bonus of $8,500.[25]
An award of 10,000 for gender violation and a further $25,000 for reprisal was upheld by the Alberta Court of Appeal.[26] The same case allowed for a lost income and pension award of $472,000 and $140,000 respectively.
The sums of $15,000 as compensatory damages and a further sum of $15,000 as special damages[27] were awarded in a claim based on perceived disability. A 10 year lost income sum plus a five year future income differential were also granted in the sum of $280,000.[28]
The sum of $25,000 was allowed for termination of employment due to a disability or a perceived disability, which was self-determined by the applicant.[29]
The sum of $15,000 was allowed as a compensatory payment due to termination based on a past criminal offence for which a pardon had been provided.[30]
$20,000 was awarded due to the failure to accommodate a disability.[31]
A dress code which was mandated for a female waitress who objected to the tight fitting proportions while she was pregnant was found to a gender based violation resulting in a compensatory award of $17,000.[32]
Adverse treatment afforded to a worker with thirty- five years seniority, approaching his 68th birthday was set at $27,000,[33] and $3,000[34] in a case which did not result in liability due to age in the cessation of employment. $20,000[35] was allowed, $15,000,[36] $7,000[37], $5,000[38]
[2] Callaghan v 1059711 Ontario Inc.
[3] OHRC v Motsewetsho the case was undefended. The $15,000 award also contained a reprisal component.
[4] Thompson v Selective Personnel
[5] Buckingham-Vanderlei v Walker
[8] Smith v Network Technical;
[9] Cybulski v Canadian Corp of Commissioners
[10] Qureshi v G4S Security Services
[11] Tearne v City of Windsor (Sengupta)
[12] Gaisiner v Method Integration
[13] Deane v Ontario Remedy Decision
[14] Splane v Ultimate Fitness
[15] Tekyi-Annan v 2191214 Ontario Inc.; Charbonneau v Atelier
[17] Peart v Distinct Health Care Services in which the brief length of employment, 13 months, was considered a factor
[18] Maciel v Fashion Coiffures; The applicant was terminated on the first day of employment after advising she was 4.5 months pregnant; Bickell v The Country Grill
[19] Graham v 3022366 Canada Inc.; Shinozaki v Hotlomi the award was influenced by the hurtful comments and conduct of the employer, notwithstanding a brief employment history of eight months. Guay v. 1481979 Ontario, 2010 HRTO 1563.
[20] Osvald v Videocomm plus $2,500 for relocation counselling services
[23] Peart v Distinct Health Care Services
[24] Splane v Ultimate Fitness
[25] Ifrah v National Income Protection Plan
[27] As allowed by the Canadian Human Rights Act up to a maximum of $20,000. The term is in substance reflective of a punitive damage award and awarded liberally under the federal statute.
[28] Turner v Canada Border Services CHRT
[29] Emra v Impression Bridal; A lost income award was allowed for 12 months.
[31] Llano v Fairweather The disability was lower back pain. One year’s lost income was also awarded.
[32] McKenna v Local Heroes Stittsville
[33] The remedy decision is separately reported.
[34] Weiler v Farncomb Kirkpatrick and Stirling Surveying Ltd
[38] Reiss v CCH Canadian Limited (Cook)