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4 C.H.R.R. ND/1 (1983)

handle is hein.journals/chhr4 and id is 1 raw text is: CANADIAN HUMAN RIGHTS REPORTER NEW DEVELOPMENTS Volume 4, C.H.R.R. January, 1983 DECISIONS OF NOTE Review Tribunal Rules Pregnancy Is Not An Illness A Review Tribunal considering an appeal from a decision of a Tribunal constituted under the Canadian Human Rights Act has ruled that pregnancy is not an illness. As a result the Review Tribunal found that the Treasury Board's refusal to allow Lorraine Tellier-Cohen the use of her accumu- lated sick leave for the purpose of childbirth did not constitute discrimination. Despite this ruling on the question of illness, the Review Tribunal upheld the original Tribunal's ruling on the question of sex discrimination. Discrimination because of pregnancy is discrimination because of sex and the refusal to allow Ms. Tellier-Cohen the use of her accumulated sick leave for the purpose of child- birth does constitute discrimination because of sex. The order of the Tribunal that Ms. Tellier-Cohen be reimbursed for use of her annual leave and compensated for general damages was upheld by the Review Tribunal. (See Decision 236) Equal Pay Violation Found Despite Wage Study The Saskatchewan Human Rights Commission has ruled that Pasqua Hospital contravened the equal pay provisions of the Labour Standards Act by pay- ing women who are housekeeping aides less than men who are caretakers. In its decision the Commission has stated that the conclusion of a wage study, which evaluated the two jobs and assigned fewer job evaluation points to the housekeeping aides' job, cannot be determinative of the issue since the employer must comply with provisions of the Labour Standards Act. The Com- mission found no difference between the jobs which justifies the wage differential, despite the findings of the wage study. (See Decision 239) B.C. Supreme Court Dismisses Appeal By Andruchiw The B.C. Supreme Court has dismissed an appeal from the ruling of a Board of Inquiry which found that David Andruchiw was not discriminated against when he was refused employment as a firefighter because the employer relied on a medical opinion that Andruchiw was a substandard risk. The Board of In- quiry concluded that, although Andruchiw was physically fit and qualified for the position of fire- fighter, no discrimination occurred because the employer had an honest belief that a defect revealed by a back X-ray would render him a substandard risk. On appeal, the Court has ruled that the only question before it is whether the Board of Inquiry erred in law in concluding that reliance on an independent medical opinion relieves an employer from liability for discrimination. With respect to this question, the Court found that an error in law only occurred if there was no evidence on which such a finding could be made or if the finding was perverse in light of the evidence. The Court has dismissed the appeal on the grounds that this was not a case where there was no evidence to support the ruling of the Board of Inquiry and the ruling was not perverse. (See Decision 240) I LEGISLATION AND REGULATIONS AMENDMENTS TO CANADIAN HUMAN RIGHTS ACT INTRODUCED On December 17, 1982, amendments to the Canadian Human Rights Act were introduced in the House of Commons. At present the Canadian Human Rights Act provides protection only to per- sons with physical disabilities and only in the area of employment. The effect of the amendments is to ex- tend protection to those with mental disabilities and to prohibit discrimination on the grounds of disability with respect to goods and services. These provisions ND/1

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