Kupcis v. BIG Magazines LP, 2014 HRTO 1790

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Laura Kupcis

Applicant

-and-

BIG Magazines LP, a division of Glacier Publications LP

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott

Date: December 16, 2014

Citation: 2014 HRTO 1790

Indexed as: Kupcis v. BIG Magazines LP

WRITTEN SUBMISSIONS

Laura Kupcis, Applicant

Self-represented

Introduction

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to employment because of sex and family status. The applicant alleges that she was discriminated against when the respondent refused to allow her to work from home in order to accommodate her childcare responsibilities.

2This matter is scheduled for a hearing on January 8 and 9, 2015.

3On November 25, 2014, the applicant filed a Request for Order During Proceedings seeking the following documents from the respondent:

a. Copies of all internal emails or other communications or notes concerning the applicant’s request for accommodation and the denial of this request;

b. Copies of all internal emails or other communications or notes concerning the hiring of the applicant’s replacement, Craig Harris, to cover the applicant’s maternity leave and thereafter;

c. All communications concerning the circumstances of other editors and staff who work remotely, including communications between Suzanne White, Bruce Creighton, Paul Aquino, Steve Wilson, David Gambrill, Alex Papanou and Craig Harris; and

d. Copies of any internal policies regarding flexible work, workplace accommodation, human rights and maternity leaves.

4The respondent did not respond to this production request.

5The basic principle in determining a production request is whether the requested documents are “arguably relevant”. The applicant has the burden of demonstrating that the documents sought are “arguably relevant” to the issues in dispute in the proceeding before the Tribunal.

6All documents relating to: (a) the applicant’s request to work at home and the respondent’s response; (b) other staff working remotely on an ongoing basis (not on an occasional basis); (c) policies concerning family status accommodation, human rights and flexible work arrangements; and (d) the hiring of Craig Harris during the applicant’s maternity leave and thereafter, including the terms of his employment that relate to flexible work arrangements and working off-site, that have not been produced, are arguably relevant and must be produced by the respondent.

order

7The respondent must produce the documents listed in paragraph 7 above by December 23, 2014.