CANADA Yukon Government Employee Discrimination Complaint Dismissed

A human rights complaint started by a Yukon government employee suffering from bipolar disorder was dismissed by the territory's appeal court, upholding a lower court decision there was no stereotypical reaction to the man's mental disability.

 

According to The Canadian Press, the man filed his complaint with the Yukon Human Rights Commission after he was temporarily suspended from his position in the Environment Department because of his behavior at a senior management meeting. Following his suspension, his supervisor suggested he visit his doctor, and requested a medical assessment prior to his return to work.

 

The employee insisted, to his boss and to the human rights commission, he did not act in an inappropriate manner but rather was reacting passionately to a policy change he didn't agree with. He  accused his boss and the department of discriminating against him by automatically assuming his reaction was related to his bipolar disorder.

 

The Yukon government lawyer argued his boss had reason to believe the outburst was directly connected to his mental health issues and the worker was asked to see his doctor to confirm or deny that possibility.

 

The case was first heard by three members of the Yukon Human Rights Panel of Adjudicators, who dismissed the claim. They reported the department's decision to suspend the worker, as opposed to imposing some other form of discipline, was based largely on the information the man provided to his co-workers about his disability.

 

They said asking the employee to take some time off and visit with a doctor was the most appropriate course of action by his boss, who was accommodating his condition, not discriminating against him. The department went “beyond the normal route of discipline by considering medical condition,'' the panel commented, by ordering him to take paid time off and seek medical advice. (workersxzcompxzkit)

 

The employee worked as the Environment Department's acting assistant deputy of finance and ultimately returned to his job. He is now employed in another department.

A aaaaaauthor Rebecca Shafer, Consultant/Attorney, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

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