Denial of employee benefits to same-sex conjugal partners constitutes unlawful discrimination based on sexual orientation.
The complainant, a registered nurse, was denied family benefits for her same-sex conjugal partner under her employer's group benefit plan.
The Board of Inquiry found that the denial of benefits to same-sex couples constituted discrimination on the basis of sexual orientation, contrary to the Human Rights Code.
The Board held that the exemption in section 25(2) of the Code for benefit plans discriminating on the basis of marital status did not apply to discrimination based on sexual orientation.
The respondent was ordered to pay $4,000 in compensation for loss of dignity and to amend its benefit plans to provide coverage for same-sex couples.
Elizabeth Clinton v. Ontario Blue Cross, 1993 CanLII 16436
