In case employers in Ontario who are just starting to become aware of their mandatory role with the AODA Act wonder if this will be tested have a read of this Vancouver paper’s coverage of a Human Right Case;
A Vancouver man was awarded $3,000 after the B.C. Human Rights Tribunal found a potential employer discriminated against him after learning he was visually impaired.
Mallaz Khalil, a University of B.C. grad, had responded in April 2011 to a job ad for a recruiter/counsellor at Woori Education Group, which describes itself as an “international student agency.”
The agency was looking for people who spoke various languages, including Arabic, which Khalil speaks.
Khalil was initially interviewed over the phone for the job, then invited to Woori’s offices for an in-person interview.
Khalil asked Woori to email him its address, stating he was visually impaired. Woori later cancelled the interview.
Khalil graduated in November 2010 from UBC and plans to attend the university’s law school this fall.
He has been looking for work in the Vancouver area, without success.
The agency denied cancelling the in-person interview for any reason related to Khalil’s visual impairment.
The respondent said the person hired for the recruiting position was expected to participate in parties and events for students (Was this really a BFOR for this job? A JDA would have helped prove if this was the case).
Tribunal member Robert B. Blasina found the reasons insufficient to explain why a visually impaired person should not be considered for the job.
He found discrimination based on a physical disability and awarded $3,000 in damages for injury to Khalil’s dignity and feelings.
If you want to learn more about how the AODA will be tested in the Province of Ontario thru a similar Human Rights complaint and Tribunal contact us at OptimalPerformance.ca or AODA@OptimalPerformance.ca