Employer's refusal to accommodate pregnant spray painter by transferring her to packing constituted sex discrimination.
The complainant, a spray painter, became pregnant and requested a transfer to an area without paint fumes based on her doctor's advice.
The employer initially accommodated her by moving her to a packing position but subsequently required her to take an unpaid leave of absence, citing concerns about air quality throughout the plant.
The Board of Inquiry found that the employer's refusal to continue accommodating the complainant constituted adverse effect discrimination on the basis of sex.
The employer failed to establish that continued employment in the packing area presented an undue risk, and thus did not fulfill its duty to reasonably accommodate the complainant's special needs as a pregnant worker.
The employer was ordered to pay damages for lost wages and mental anguish.
Mira Heincke v. Kenneth Brownell and Emrick Plastics, 1990 CanLII 12452
