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10 Hum. Rts. Dig. 1 (2009)

handle is hein.journals/hurtsdg10 and id is 1 raw text is: VOLUME 10 NUMBER 1 Human Rigqhts Digmest January 2009 Decisions Noted Canada Line Discriminates Against Latin American Workers...... 1 Relapse is Part of Addiction ..... 4 Panel Awards $33,170 in Sexual Harassment Case ........... 5 Dismissal of Complaint Overturned ............. ..6 No Poisoned Environment ...... 7 City Fails to Accommodate...... 7 Insurance Company Fails to Accommodate ......... ..8 ESL Teacher Makes Discriminatory Com ment ................ 9 Complaint Against Union D ism issed ...............10 Inside Page ...................2 Briefly Noted ...............11 Ordering ................... 12 RACE, COLOUR AND PLACE OF ORI- GIN -discriminatory treatment on the ba- sis of place of origin - definition of ethnic origin, place of origin and race - discrimi- natory treatment in housing accommoda- tion - EQUAL PAY - wage disparity among construction workers- HOUSING ACCOMMODATION - housing subsidy discriminatory - SYSTEMIC DISCRIMI- NATION - employment terms and condi- tions discriminatory - pattern of conduct based on place of origin EMPLOYMENT - contracting out of hu- man rights legislation - obligation to pro- vide discrimination-free workplace - BUSINESS NECESSITY - international compensation practices - TRADE UNIONS - collective bargaining process - union as complainant DISCRIMINATION - adverse effect dis- crimination - bona fide justification, job experience and qualifications as reason- able cause for discrimination - compara- tor group - definition of discrimination - Meiorin/Grismer test - multiple grounds - CLASS ACTION - withdrawal from group complaint HUMAN RIGHTS - nature and purpose of human rights legislation - INTERPRE- TATION OF STATUTES - legislative intent as an aid to interpretation - EVI- DENCE - documentary evidence - sta- tistical evidence - sufficient evidence to establish prima facie case - BURDEN OF PROOF -elements ofa prima facie case DAMAGES - accommodation allowance - expense allowance - injury to dignity and self-respect- wages- REMEDIES - cease discriminatory practice The B.C. Human Rights Tribunal ruled that SELI Canada Inc., SNCP-SELI Joint Venture and SNC Lavalin Constructors (Pacific) Inc. (SELI) discriminated against foreign workers from Central and South America (the Latin American workers) on tempo- rary work visas who were employed to work on construction of the tunnel for the Canada Line project. The complaint was made on behalf of the workers by the Con- struction and Specialized Workers' Union, Local 1611 (CSWU). The Tribunal found that the respondents paid the Latin Ameri- can workers less in wages than European workers doing the same work, and discrim- inated against them with respect to hous- ing, meal arrangements, and expenses. The Canada Line project is one of the in- frastructure improvements being con- structed in Vancouver in advance of the 2010 Olympics. When complete, it will link Richmond and the Vancouver International Airport with downtown Vancouver. The Latin American workers had worked for SELI on a project in Costa Rica. They came to Vancouver in April 2006 and began as- sembling the tunnel-boring machine, after which they began the specialized tunneling work. Subsequently the respondents brought other workers from Europe, who came to Vancouver in September 2006 to work alongside the Latin American workers. The Tribunal found that much of the complaint focuses on salary differential, and this aspect of the complaint is essen- tially about adverse effect discrimination. The CSWU did not allege that the respon- dents singled out Latin American workers for adverse treatment because of their race, colour, ancestry and place of origin. But rather that the respondents' pay practices had an adverse effect on them because of those grounds. The Tribunal found that the respon- dents dealt with the Latin American work- ers as a distinct group. They were a group continued on page 3

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