Settlements

Sexual Orientation

A public employee who complained of discrimination in the provision of dental benefits received $3,000 in compensation in the Commission's first settlement of a complaint based on sexual orientation.

Kerry Barrett of Regina alleged that his employer - the Saskatchewan Securities Commission - refused to pay benefits under the dental plan for his partner, who is of the same sex. The dental plan is administered by the Saskatchewan Department of Finance, Public Employee Benefits Agency (PEBA).

In 1996, Barrett made two claims to cover his partner's dental work. In July 1996, the Director of Benefits Programs for PEBA told Barrett that his partner did not qualify for reimbursement because the plan covered partners only if they were legally married or if they were living in a common-law relationship where the partners were of the opposite sex.

Chief Commissioner/Director Donna Scott said the Dental Benefits Plan, the Extended Benefits Plan, and the Group Life Insurance Policy for government employees were changed in September 1997 to include same-sex partners. "As is the case for common-law partners of the opposite sex, same-sex partners who have been living together for a period of 12 months will now receive benefits."

"This settlement is in keeping with legal decisions made in other jurisdictions. Courts and tribunals have very clearly established that it is discrimination on the basis of sexual orientation to deny employment benefits to same-sex partners when those benefits are extended to opposite-sex partners," Scott said.

The Saskatchewan Securities Commission and PEBA agreed to the settlement without admission of liability. In addition to paying compensation, PEBA agreed to pay any of Barrett's outstanding claims that come within the process established in September 1997.

Receipt of Public Assistance

Since 1993, the Saskatchewan Human Rights Code has prohibited discrimination because of the receipt of public assistance, meaning assistance or benefits as defined in the Saskatchewan Assistance Act or the Saskatchewan Income Plan Act.
The Commission's first settlements under this new ground involved two complaints against retail outlets in Swift Current. In one case, the complainant alleged that when she asked whether she was being charged the sale price for some cans of beans, a store owner said "You people on welfare make me sick. I'm sick and tired of you." In settlement of the complaint, the respondent paid the complainant $250 compensation and gave her a letter of apology.

In the second case, the complainants alleged they were purchasing baby formula from a pharmacy when a cashier made a disparaging remark to another store employee about the complainants being on welfare. The complainants understood the remark to mean they were less valuable as people and as customers because they were receiving social assistance. Without admitting liability, the respondent agreed to pay the complainants $500 compensation and ensure future compliance of all staff with the Saskatchewan Human Rights Code.

"These settlements recognize the right of people on public assistance to equal treatment and respect by public service providers," said Donna Scott, Chief Commissioner/Director.

Sex

In August 1998, two Regina parents settled their sex discrimination complaints against the Saskatchewan Hockey Association (SHA).

Mary Parks and Barry McGillis complained to the Commission in May 1996 that the SHA discriminated against their daughters, Marley Parks and Stacey McGillis, who wished to play on boys hockey teams because they found them more challenging than girls teams.

At that time, an SHA regulation required a girl who wished to play on a boys team to first register with an age appropriate girls team if one existed. The Association said one reason for the rule was to encourage the development of female hockey.

According to Parks and McGillis, the double registration rule made it uncertain whether a girl registered on both a girls and boys team would be allowed to play the whole season on the boys team, and whether the girl would be charged two annual league fees.

Marley Parks registered for both a girls and boys team but actually played on a boys team for the Queen City Hockey League in 1996-97, when she was 10 years of age. Stacey McGillis, who was 12 years of age in 1996-97, chose not to register on a boys team that year even though she wished to do so and had played on a boys team the previous year.

The Saskatchewan Hockey Association agreed to settle the complaints by eliminating the double registration rule.

"We appreciate the efforts of the parties to resolve this complaint cooperatively," said Donna Scott, Chief Commissioner/Director. "The settlement enables girls to register on boys teams in the same way as boys, without meeting more onerous rules or restrictions."