The complainant, a respiratory technologist, alleged that her employer discriminated against and harassed her on the basis of her handicap (pancreas divisum), which caused unpredictable and extensive absences from work.
The employer ultimately refused her request for an indefinite leave of absence and accepted her resignation.
The Board of Inquiry dismissed preliminary motions regarding delay and disclosure.
On the merits, the Board found no harassment, as the employer's actions were legitimate management responses to the absenteeism.
While a prima facie case of discrimination was established because the handicap factored into the end of her employment, the Board concluded that the complainant was incapable of performing the essential duties of her position due to her unpredictable absences.
The employer had fulfilled its duty to accommodate, as further accommodation (such as an indefinite leave with no medical plan) would not have enabled her to perform the work and would have caused undue hardship.
