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2 C.H.R.R. [i] (1981)

handle is hein.journals/chhr2 and id is 1 raw text is: CANADIAN HUMAN RIGHTS REPORTER CASES OF NOTE Summaries of Recent Decisions and Settlements Volume 2. C.H.R.R. January 20. 1981 Saskatchewan Rules Against Pre-Employment Medicals In Saskatchewan, employment decisions and medical examinations are to be separated into two distinct steps as a means of advancing the rights of disabled persons. This ruling was precipitated by requests that, for some mining industry jobs, employers be exempted from sections of the Human Rights Code and Regula- tions which prohibit discrimination on the basis of physical disability and inquiries about physical disabilities. As of December 17, 1980, no pre-employment medicals are allowed in the province of Saskatchewan. Employers may inquire about an applicant's ability to perform certain job-related tasks and offers of employ- ment can be made conditional on a medical examina- tion. If such an examination reveals a physical disability which will seriously inter fere with job performance, the offer of employment may be withdrawn. (See Decision 54) Nova Scotia Rules Free Speech not an Absolute Right In a case of alleged racial discrimination in Nova Scotia, a Board of Inquiry ruled that free speech is not an absolute right. A button and card depicting black people in a derogatory way were the object of a complaint filed by members of the black community. Barry Bramhill was found to be in violation of section 12.1 of the Nova Scotia Human Rights Act which pro- hibits publication or display of a discriminatory symbol. (See Decision 49) SETEMEN T OF NOTE. Federal Government. Librarians Win $2 Million in Back Wages In the most complex equal pay case yet to be settled by the Canadian Human Rights Commission, federal government librarians will be paid more than $2 million in back wages. The librarians, most of whom are female, have been receiving lower pay for work of equal value to that of historical researchers, most of whom are male. The complaint was filed by the Public Service Alliance of Canada in 1979 and the settlement was ap- proved at the December 1980 meeting of the federal Commission. The complexity of the case arose from the need to compare employees performing dissimilar work. Com- parisons encompassed more than 700 positions and in- cluded jobs at all levels in the two categories. Sample positions were chosen for comparison from the historical researchers and the library services group. Points were assigned to each job on the basis of skill, ef- fort, responsibility and conditions of work. A regres- sion analysis was used to arrive at statistical com- parisons and the results of the analysis showed that librarians were being paid less for work of equal value. All librarians employed since March 1, 1980 are eligi- ble for retroactive.equalization-payments which in some cases are as high as 17 per cent. (For more information on this settlement, contact the Canadian Human Rights Commission.)

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