Content - Canadian Business Law: Employment Law

Background: Susan got a job working on a construction site as a general day labourer. There are plenty of jobs that need to be done, from directing traffic due to a closed-off lane on a nearby road to carrying heavy 20kg bags of cement up several flights of stairs. Susan complains that carrying the bags of cement is aggravating her shoulder disability that is making it increasingly painful and difficult for her to work. Her supervisor tells her, "If you don't want to do heavy lifting then you shouldn't be in this job." Inez keeps being assigned to hauling bags of cement, even though there are plenty of other less labour intensive tasks she could do around the site.

Question: is Susan's employer is liable for discrimination? If so what defences apply?