Christopher G. Riggs

The appellant, a retail employee, converted to the Seventh-Day Adventist Church, which required her to strictly observe the Sabbath from sundown Friday to sundown Saturday.

Her employer required full-time sales clerks to work on Saturdays.

When the appellant refused to work Saturdays, she was demoted to part-time status.

The Supreme Court of Canada held that an intent to discriminate is not a necessary element of discrimination under the Ontario Human Rights Code.

The Court recognized the concept of adverse effect discrimination and established that employers have a duty to take reasonable steps to accommodate an employee's religious beliefs, short of undue hardship.

As the employer provided no evidence of undue hardship, the appeal was allowed.

The respondent hospital raised two preliminary objections in a human rights complaint alleging employment discrimination.

First, the hospital argued that the particulars provided by the Commission were inadequate.

The Board dismissed this objection, finding the particulars sufficient to define the issues and allow preparation for the hearing.

Second, the hospital moved to set aside two subpoenas duces tecum requiring staff to produce documents.

The Board granted the motion and set aside the subpoenas, holding that while the Code allows for document production during the investigation stage, it does not authorize a right to discovery prior to a hearing.