Dr. Siu

The defendant brought a motion to compel the plaintiff to attend independent medical examinations (IMEs) without conditions and sought costs thrown away for a previously cancelled appointment.

The plaintiff requested to have a support person present and to audio record the examination, citing stress and allegations of bias against the examining doctor.

The court permitted the plaintiff to have a support person present as a passive observer due to her mental condition, but denied the request to audio record the examination, finding insufficient evidence of bias.

The court also declined to award costs thrown away, finding the defendant booked the appointment prematurely before terms were agreed upon, and held that the plaintiff was not required to sign consent forms for the IMEs.

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.