The complainant, a store manager, was terminated from her employment after taking a several-month medical leave for deep vein thrombosis.
She filed a human rights complaint alleging discrimination on the basis of handicap and reprisal.
The Board of Inquiry dismissed the complaint, finding that deep vein thrombosis is a temporary illness and does not constitute a handicap within the meaning of the Ontario Human Rights Code.
The Board also found that the respondents did not discriminate based on a perceived handicap, as a temporary illness cannot be perceived as a handicap under the Code.
The reprisal allegation was also dismissed for lack of supporting evidence.