A recent decision from the Human Rights Tribunal of Ontario (“HRTO”) has awarded over $100,000 in compensation for discrimination based on family status and reprisal, contrary to the Human Rights Code. This is among the higher amounts of compensation awarded in Ontario for discrimination based on family status. This decision illustrates the serious liability that may result from human rights cases involving family status discrimination. Below, we will review the key facts of this case that lead to this outcome.
Facts
In Cosentino v Octapharma Canada Inc., 2024 HRTO 860 (“Octapharma”), the Employer terminated Ms. Cosentino’s employment as a national health sales representative after more then nine (9) years of service. In the leadup to this, Ms. Cosentino had requested accommodation on the basis of family status due to her new responsibility as primary caregiver of her ill mother, concern for COVID-19, and her son attending school virtually. Octapharma refused to accommodate the request and insisted that Ms. Cosentino return to work at the office. When she refused, the Employer ceased communication and ultimately terminated her without cause in December 2020.
Ms. Cosentino filed an Application with the HRTO alleging discrimination with respect to employment based on family status contrary to the Human Rights Code, and also alleged that the company had illegally reprised against her by firing her after she made her request.
The Decision
The adjudicator held that due to the lack of willingness to engage in the accommodation process by Octapharma, they failed their duty to inquire about the potential accommodation needs of Ms. Cosentino on the basis of family status. Employers faced with an accommodation request have a duty to go through the accommodation process and not simply refuse to engage. Additionally, they found that the Employer had reprised against Ms. Cosentino when they cut off communication with her. These reasons further supported the conclusion that the behavior was discriminatory and was meant to retaliate against Ms. Cosentino. Ms. Cosentino was awarded over $100,000 based on loss of salary, benefits, and general damages for failure to accommodate – a very large sum.
Takeaway and Impact
The amount of compensation is on the higher end of awards from the HRTO, particularly in light of the large losses to salary that Ms. Cosentino could prove. This decision provides a reminder that Ontario Human Rights Tribunal has the power to issue large amounts of damages for an employee’s loss to discrimination.
PooranLaw will continue to monitor the ongoing legal developments related to cases like these and report them here. In the meantime, if you require legal assistance, we encourage you to reach out to your regular PooranLaw lawyer, or any member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.
