Human rights application dismissed; employer reasonably accommodated learning disability but applicant remained incapable.
The applicant, who has a learning disability, alleged that the Toronto Transit Commission (TTC) failed to accommodate her disability during the Bus Operator training program, improperly terminated her employment, and subjected her to a poisoned work environment.
The Tribunal found that the TTC made reasonable efforts to accommodate the applicant's learning needs once they were clearly communicated.
Relying on a vocational assessment, the Tribunal concluded that the applicant was incapable of performing the essential duties of a Bus Operator even with accommodation.
The Tribunal also found no evidence of a poisoned work environment and held that the TTC had no obligation to offer an alternative position to a job applicant who could not perform the job applied for.
The application was dismissed.
Formosa v. Toronto Transit Commission, 2009 HRTO 54
