View cases - Stewart McKelvey

52that she be reinstated in her employment with CN with full seniority, benefits and all otheropportunities or privileges that were denied to her. The CHRC also seeks an order ensuring thatCN cease all discriminatory practices and behaviour and that it review its accommodation policy.(i) An Order that CN Review its Accommodation Policy[176] The CHRC requests an order, pursuant to section 53(2)a) of the CHRA, that CN takemeasures, in consultation with the CHRC, to redress its failure to properly accommodate itsemployees on the basis of family status, including issues of parental obligations andresponsibilities. It further requests an order that appropriate human rights training for CN’smanagerial, human resources and crew management personal be put in place and that regularinformation sessions on accommodation policies in an effort to eliminate discriminatory attitudesand assumptions related to family status as a ground of discrimination be held.2010 CHRT 23 (CanLII)[177] Although the Tribunal acknowledges that CN has a good policy on accommodation, it isclear that it has not been applied or implemented properly in the case of family status as a groundof discrimination. CN’s managers and supervisors have failed to follow this policy in theComplainant’s case. Having reviewed the evidence, I conclude that CHRC’s request is justified.[178] I therefore order CN to work with the Commission to ensure that the discriminatorypractice and behaviour does not continue and to make sure:a) that the appropriate policies, practices and procedures are in place, andb) that CN, in consultation with the CHRC, retains appropriate persons to conductworkplace training for managers, human resource and crew management staff onissues of discrimination and human rights and particularly on accommodation onthe ground of family status,