The applicant, who worked at the respondent's hotel, went on a medical leave of absence for emergency surgery.
When she attempted to return to work eight months later, the respondent required her to sign a letter agreeing to retraining, management's determination of her competency, and strict conditions for any future medical absences.
The applicant refused to sign the letter and was not returned to work.
The Human Rights Tribunal of Ontario found that the conditions imposed in the letter constituted a distinction based on disability that created a disadvantage, amounting to discrimination.
The Tribunal awarded the applicant $20,000 for injury to dignity, feelings, and self-respect, and $14,432.52 for lost wages, along with public interest remedies including human rights training for the respondent's staff.