Human Rights Tribunal of Ontario
B E T W E E N:
Stella Taylor
Applicant
-and-
Oraclepoll Research Ltd.
Respondent
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: Taylor v. Oraclepoll Research
1This is an Application filed on July 12, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").
2The applicant alleges that she was interviewed and offered a position with the respondent. She states that during her initial training session, she was not permitted to continue because her French language skills were said to be inadequate.
3The Tribunal does not have a general power to inquire into all claims of unfair treatment. Its jurisdiction is based on the provisions of the Code, which prohibits discrimination in employment on the grounds of, among other things, disability. Although on the Application form the applicant has checked off "disability" as the ground of discrimination, she does not allege that she is disabled within the meaning of the Code. Having inadequate, or being perceived as having inadequate, French language skills is not a "disability" within the meaning of the Code.
4The Tribunal requests that the applicant provide her written submissions on why her claim against the respondent is in the Tribunal's jurisdiction and should be decided by the Tribunal. These written submissions should be filed with the Tribunal (with copies to the respondent) by November 13, 2009. The Tribunal will consider the submissions before deciding whether to dismiss or proceed with the Application. The other parties are not required to respond to these submissions pending further direction from the Tribunal.
5The applicant may wish to consult the Applicant's Guide, available on the Tribunal's website, www.hrto.ca, or from the Registrar's office. Pages 2-3 of the Guide set out sources of assistance that may be available to her.
6I am not seized of this matter.
Dated at Toronto this 13th day of October, 2009.
"Signed by"
Sherry Liang
Vice-chair