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Charging extra transportation fees to dairy farmers requiring Sunday shipping exemptions violates the Human Rights Code.
The complainant, a dairy farmer and member of the Free Presbyterian Church of Scotland, objected to shipping milk on Sundays for religious reasons.
The Ontario Milk Marketing Board (OMMB) accommodated 'no Sunday shippers' by providing alternate pickup days but charged them an extra transportation fee.
The Board of Inquiry found that the complainant's religious beliefs were sincerely held and protected under the Code.
The Board held that the OMMB's policy of assessing special transportation charges to 'no Sunday shippers' constituted constructive discrimination and that absorbing the costs would not cause undue hardship.
The OMMB was ordered to cease charging the extra fees prospectively.
