Employer discriminated against bartender by terminating his employment based on stereotypical assumptions about his epilepsy.
The complainant, a bartender with epilepsy, experienced a seizure at work.
Approximately five weeks later, his employment was terminated.
The employer claimed the termination was due to the complainant's failure to provide a medical letter, but the Board found this explanation lacked credibility and concluded the complainant was fired because the employer believed his epilepsy made him unsuitable for the job.
The Board held that the complainant was capable of performing his duties safely and effectively, and that his dismissal was based on stereotypical assumptions about his handicap.
The respondents were found to have discriminated against the complainant contrary to the Human Rights Code and were ordered to pay special damages for lost wages and general damages for injury to dignity and self-respect.
Martin Rapson v. Stemms Restaurants Limited and Constantin Sipsis, 1991 CanLII 13170
