Sask Rights
 
A Saskatchewan Human Rights
Commission Publication

Fall/Winter 1996
Settlements
   
Pregnancy discrimination

Elephant and Castle Canada Inc. agreed to pay a former employee $2,996 in compensation after she brought a discrimination complaint against them.

Lisa McIntyre complained to the Commission in September 1993 that her hours at the Elephant and Castle Restaurant in Midtown Plaza in Saskatoon were cut back because she was pregnant.

McIntyre started work at the Elephant and Castle Restaurant in October 1991. She was five months pregnant in June 1993 when she was cut back to one shift. McIntyre alleged that her hours were cut because she was pregnant. She quit her job at that point because it was not economically viable for her to work only one shift.

In addition to the payment of compensation, Elephant and Castle Canada Inc. also agreed to establish and implement a policy on pregnancy leave to ensure that pregnant employees are treated in a non-discriminatory manner. The corporation agreed to the settlement without admission of liability.


Mental disability discrimination

The Regina District Health Board agreed to pay former employee Mary Parker $2,750 in compensation after she alleged that her supervisor discriminated against her because of a mental disability.

Parker worked as a dietary aid at the Plains Health Center from 1977 to 1994. She asked her supervisor to give her less stressful duties because of her disabilities, which included depression. Parker alleged that, instead, her supervisor placed her in a more stressful position even though medical evidence showed stress made her disabilities worse and even though she could easily have been assigned less stressful duties.

The Health Board also agreed to attend a workshop on accommodating people with disabilities and to provide Parker with a letter of apology.


Marital status discrimination

Debbie Fleury complained to the Commission that when she was looking at apartments in Tisdale, one landlord wouldn't rent to her because she was separated from her husband. The complaint was settled when landlord John Hugie agreed to provide Fleury with a letter of apology and to pay her $300 in compensation. Hugie agreed to the settlement without admission of liability.


Sexual/racial harassment

A sexual harassment complaint was settled with the payment of $5,000 in compensation to Glinda Smith of Regina.

Smith complained to the Commission that she was sexually harassed, both verbally and physically, by George Volikas, one of the owners of the Brass Lantern Steak House and Restaurant in Regina during the time she worked there as a waitress.

Smith alleged that Volikas grabbed her and tried to kiss her, made sexually suggestive remarks, followed her, called her at home and watched her home. She told the Commission she quit her job because of the harassment. Smith worked at the restaurant from June 1989 to May 1993.

In addition to the payment of compensation, L&G Enterprises Co. Ltd., the company which owns the restaurant, agreed to provide all employees with a copy of the Commission's sexual harassment prevention pamphlet. Both Volikas and L&G Enterprises Co. Ltd. agreed to the settlement without admission of liability.


Three Moose Jaw women settled sexual harassment complaints against their former employer Perth's (Brandon) Ltd. and supervisor Gordon Cookson. Darlene Coghill alleged she was sexually harassed verbally by Cookson when she was working at Perth's Services and Cleaners in Moose Jaw and Margaret Lizuck and Cheryl Wowk-Booth alleged they were verbally and physically harassed. The women said they quit their jobs because they could not tolerate the harassment.

The respondents paid the women amounts ranging from $650 to $4,400 for lost employment income and amounts ranging from $2,000 to $2,500 for injury to feelings and loss of self-respect. In addition, Perth's (Brandon) Ltd. agreed to give each of its Saskatchewan employees a copy of its sexual harassment prevention policy and a copy of the Commission's sexual harassment prevention brochure. The respondents agreed to the settlement without admission of liability.


Canadian Turbo Inc. settled a complaint of racial and sexual harassment with the payment of compensation to employee Dora Newman of Saskatoon. Newman, who is of Aboriginal ancestry, alleged that her co-workers at Northside Turbo in Saskatoon made derogatory jokes and comments about Aboriginal people and sexually harassed her verbally. Canadian Turbo Inc. agreed to pay the complainant $2,500 in compensation, without admission of liability.
Jim and Jaklen Holdings Ltd. agreed to settle two complaints brought against it by former employee Carmen Chomiak. Chomiak alleged that manager Jim Tomas sexually harassed her, physically and verbally, when she was employed as a hostess at Tomas Cook Family Restaurant on 8th Street in Saskatoon.

In a related complaint, Chomiak alleged that Jim Tomas and Sako's Holdings Ltd. retaliated against her by launching a defamation action because of her sexual harassment complaint. The Saskatchewan Human Rights Code prohibits retaliation against anyone bringing a complaint forward or anyone who is providing information related to a human rights complaint.

The respondents agreed to pay Chomiak $5,000 compensation for injury to feelings and for legal costs incurred because of the defamation action. They also agreed to provide copies of the Commission's sexual harassment prevention brochure to all current employees and all new employees for the next three years. They agreed to the settlement without admission of liability.


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