Human rights complaint dismissed; employer reasonably accommodated employee's inability to work Saturdays for religious reasons.
The complainant, a full-time retail sales clerk, joined the Seventh Day Adventist Church and could no longer work Friday evenings or Saturdays due to Sabbath observance.
The respondent employer informed her she could no longer work full-time and offered her a part-time contingent position, resulting in reduced hours, pay, and benefits.
The complainant alleged discrimination based on creed under s. 4(1)(g) of the Ontario Human Rights Code.
The Board of Inquiry held that while a superficially neutral employment condition can have a discriminatory effect, the employer has a duty to reasonably accommodate the employee.
The Board found that the Commission failed to prove the employer acted unreasonably, as creating a unique full-time position without Saturday work would deprive the employer of availability during crucial selling periods.
The complaint was dismissed.
Ontario (Human Rights Comm.) and O'Malley v. Simpsons-Sears Ltd., 1980 CanLII 3932
