Problem 11: Mark has obtained investment financing from an angel investor syndicate based in Washington State. The investors see significant potential in the code he has developed. Mark is expanding operations and hiring for several new positions using the funds.

Penny has applied for a software engineer position. She is in the second round of interviews and is meeting with Mark and an HR manager. They are interviewing Zoom because of a global pandemic, and they cannot work in the office at the moment. Fortunately, the government of BC has said that businesses can remain open as long as proper workplace health and safety measures are taken. During her interview with Mark and the manager, Penny mentioned that she would need to work from home for the foreseeable future. She tells them that she had a kidney transplant five years ago and because of the anti-rejection medication she takes, her doctor has advised that she work at home until there are zero cases in BC or BC has reached herd immunity from vaccines. Because of her anti-rejection mediation, the vaccine will not work to protect her from Covid-19. Mark says, "well, we need people who can work on-site. I just don't see how this could work."

After the interview, Mark tells the HR manager not to make an offer to Penny. He says that they need someone on site. The HR manager is immediately concerned about discrimination and the company's human right obligations. She asks Mark why working on-site is a requirement. Mark says, "that's just the way we do things. We do so much work in teams, and I don't want to be Zoom calling all the time." Despite her concerns, the HR manager sends Penny a letter thanking her for her time and indicating she will not be getting an offer of employment from the company.

One month later, Vision Works is notified that Penny has filed a discrimination complaint with the BC Human Rights Tribunal. Her claim is based on discrimination related to her disability and Vision Works' failure to accommodate. She is claiming monetary damages for injury to dignity. Mark realizes that he should have listened to the HR manager. Mark hires a human rights lawyer to respond to the complaint and give an opinion.

1. Using the IRAC (Issue, Rule, Application, Conclusion) method, analyze Penny's discrimination claim. Reference the applicable provisions of the Human Rights Code.
2. Mark wants to know how much money Penny could be awarded for injury to dignity. Using CanLII and/or Quicklaw, research damages the Human Rights Tribunal awards for injury to dignity. Look for cases similar in fact to Penny's claim. Using the cases, provide a range of damages that the Human Rights Tribunal could award.