Human Rights Trial

Fact Scenario

Elizabeth is a cleaning custodian who has worked at ARTURA Company for 5 years. ARTURA is a manufacturer of chocolates. She is responsible for dusting furniture, washing windows, mopping floors and performing other general cleaning duties and has successfully passed all her performance appraisals.

Her new manager Jordan has been drafting new job descriptions for all employees at ARTURA Company. Effective immediately, all new and current cleaning custodians must be able to lift 70 pounds from waist to shoulder.

Elizabeth is not able to meet this standard. She has never had to lift anything more than 20 or 30 pounds and there seems to be nothing in her duties which requires someone to have to be able to lift that much.

Jordan told her that it is impossible to accommodate her.

Luckily, Elizabeth noticed that the company was looking for an associate to work in the Quality Compliance Department. She filled out an application, was interviewed, and ultimately was selected for the position. In her new role, Elizabeth will be ensuring that all products manufactured by the employer met specific guidelines.

Although she felt that the company did not really solve her issue with respect to her first position, she was happy to be employed, even if she was earning 30% less than her previous position.

Everything was going well and Elizabeth really liked her new position.

About a few months in this new position, she received a new manager whose name was Jonathan. At first he said "awkward" things to her. When she first met him, Jonathan asked her "what type of nationality is your last name?" She responded that her background was Polish to which he replied "yeah. I was confused because your first name is Canadian but you have a foreign last name. Do you understand English? I am just wondering because your role is very important and we can't have any misunderstandings."

Elizabeth was shocked and responded that although she was born in Poland, she came to Canada at age 11 and completed high school and college in Canada. There has never been an issue with her English comprehension.

Jonathan told her that she was "very defensive" and all he was doing was "asking about her level of English comprehension."

A few weeks later, Jonathan called Elizabeth to the office.

"I think we started off on the wrong foot! You are doing very good work and I would like to help you advance in the company."

Elizabeth was very pleased to hear this. She anticipated that maybe things were going well and that Jonathan was just awkward in their initial encounters.

A few days later, Jonathan approached Elizabeth. "Elizabeth", said Jonathan, "I am inviting you and a couple of senior team members out for drinks after work. I really would like to take this time for all of us to do some team building and planning for the next few months. Let's meet up at Roxie's Bar at 8:00pm on Friday night."

While uncomfortable about meeting at a bar, she was comforted in learning that others would be there. "Okay" she replied.

When she arrived, she noticed that only Jonathan was there. "Hi Elizabeth, the others could not make it. They just cancelled.'

Elizabeth noticed that the table he was sitting at only had two chairs - she did not quite buy his story.

Not wanting to make a scene, she sat down. "I will have one or two drinks and then leave", she thought to herself.

Jonathan began to talk about company goals and then asked her "Elizabeth, where do you see yourself in 5 years - do you think you have what it takes for advancement in our company?"

"I hope so - I have been here a while and while my position is junior, I do have a certificate in marketing. I just have not been able to break into a role."

Jonathan then looked at her and said "I think I can make it happen".

All of a sudden, Elizabeth felt Jonathan rubbing his foot on her leg.

"What are you doing, Jonathan?"

"Oh come on, Elizabeth. We're two single people having a good time. I can help you if you help me!"

"I think I should go home" Elizabeth said.

"Elizabeth, come on. Have some fun. Don't leave. You might regret it!"

Elizabeth rushed home and was really confused with what transpired.

On Monday, she reported for work.

Jonathan called her into the office.

"Elizabeth, I have noticed that your work quality has been slipping. You have been making a few errors and I am afraid that I have to give you a final written warning. Any more infractions and you might be terminated for cause!"

"But I have never had an oral or written infraction before!" she replied.

"I think you have been making a few mistakes these past few days, Elizabeth!" replied Jonathan.

After her shift, Elizabeth went home. She was confused and angry.

Elizabeth has approached you about filing a complaint with the Human Rights Tribunal on your behalf. Your job is to present her case against ARTURA Company.

Assignment

You are to provide a written report in the following format:

Summary of Issues:

this is where you summarize the grounds of discrimination that Elizabeth experienced

Issues:

here you provide details of each ground of discrimination. You should make reference to the applicable section(s) of the Human Rights Code and provide examples of relevant case law. Outline any tests, if applicable. The text has examples of cases with similar fact scenarios. Use online resources such as canlii.org to find more examples. Separate into subsections for each pertinent issue.

Conclusion:

this is where you draft your conclusion and state the remedy sought. In this case, you are asking the tribunal to award Elizabeth $25,000 damages for loss of dignity.

This is not meant to be an extensive report. Three to four pages maximum should be sufficient to outline your position and present your case.