![handle is hein.journals/hurtsdg18 and id is 1 raw text is: Hun
n Rg
`s Digest
Vol. 18 No. 1
January 2017
SEXUAL HARASSMENT - sexual advances by manager -
definition of sexual harassment - PREGNANCY - em-
ployment terminated - DISCRIMINATION - bonafide
justification and job performance as reasonable cause for
discrimination - EVIDENCE - adverse inference - BUR-
DEN OF PROOF - Moore test - LIABILITY - corporate
liability for employee and manager - DAMAGES - dam-
ages assessed for injury to dignity and self-respect and
wages
The Human Rights Tribunal of Alberta ruled that Hannah
Pelchat was sexually harassed and fired because of preg-
nancy by her employer, Ramada Inn and Suites (Cold
Lake) (Ramada).
Ms. Pelchat was employed by Ramada as a housekeeper
between July and December 2011. She alleged that she
was verbally and physically harassed by the manager of
the Inn and terminated because she was pregnant.
Ms. Pelchat was 20 years old and pregnant when she was
hired. Her pregnancy did not show and she did not advise
the respondent of her condition.
She worked from 8 a.m. to 4 p.m. five days a week, and
her primary duty was to clean 31 rooms on the third
floor. She received a task list each day and was expected
to complete the tasks by the end of her shift.
In late September or early October the respondent hired
a new manager to operate the hotel. The manager ex-
pected the complainant to complete cleaning of rooms
that were stays in 15 minutes and rooms that were
checkouts in 40 minutes. The complainant testified that
usually she was able to meet these targets, even as her
pregnancy progressed. Sometimes rooms were excep-
tionally dirty, or the hotel was short-staffed, and this
caused delays, but the complainant testified that she and
her co-workers worked hard, and incomplete task lists
were rare.
The complainant testified that one day the manager
asked to speak to her in one of the guest rooms. Upon
leaving the room, he asked her did we make good sex
then? She was confused and upset by the comment and
did not tell anyone. On another occasion, after her preg-
nancy was show- ___
ing, the manager The complainant was sexually
said, [I]f I were to harassed and her employment
cueyuto ms- was terminated because she
carry, could I put was pregnant
another baby in
you? On a third
occasion, when she approached the manager to express
concern about another housekeeper, the manager
spanked her one time on her bottom. She was disgusted
and astounded; she left the room.
During her pregnancy, Ms. Pelchat felt well and worked
hard. She had no difficulty meeting her job requirements
and intended to work until a week before her due date.
However, on November 8, 2011, the manager gave her a
formal letter of reprimand regarding her job perform-
ance. No issue regarding her job performance had ever
been raised before and she denied any deficiencies, pro-
viding an explanation for each one of the concerns raised
in his letter.
At this point she was seven and a half months pregnant.
She continued working and believed that her explana-
tions had been accepted. But on December 1 she re-
ceived a letter of termination. She was very upset. She
was eight months pregnant and believed she would not
be able to find another job. Without work, she had no
income and feared being evicted from her apartment,
and having no means to care for her newborn child.
On her record of employment, the employer stated that
she had quit her job, which delayed her access to unem-
ployment benefits.
The owner of the Ramada, Rajwantjit Sandhu, not the
manager, testified at the hearing, but his information was
limited. He argued that the complainant and the manager
had colluded to produce the termination letter in order
that Ms. Pelchat could make this human rights claim. The
Tribunal rejected this argument as it was not supported
by any evidence.
The Tribunal found that the manager sexually harassed
the complainant by making unwanted sexual comments
and by touching her. The Tribunal also found that there
were no genuine performance concerns and Ms. Pel-
chat's employment was terminated because of her preg-
nancy.
The Tribunal awarded Ms. Pelchat compensation for
wage loss between December 1, 2011, and February 1,
2012, when her maternity leave would have begun. The
Tribunal also awarded her $25,000 as compensation for
injury to dignity.
Pelchat v. Ramada Inn and Suites (Cold
Lake) (June 23, 2016), 2016 AHRC 11, CHRR
Doc. 16-3056 (Oviatt)
CANADIAN HUMAN RIGHTS REPORTER
1-12
PUBLISHER OF CANADIAN HUMAN RIGHTS LAW](ViewImageLocal?handle=hein.journals/hurtsdg18&div=1&collection=&method=preview&ext=.png&size=3)
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