Sask Rights
 
A Saskatchewan Human Rights
Commission Publication

Winter/Spring 2001
Settlements continued...

Marital status

The contract of an employee with a district health board was not renewed when the board alleged he was in a conflict of interest position because the board employed his wife. The health board alleged the wife, who was also a president of the union local, used her position to influence the awarding of work contracts. The health board also alleged the wife exercised her influence on union members who were also responsible for awarding work contracts. However, an investigation showed the husband worked independently from his wife who did not have any supervisory, regulatory or discretionary control over any staff, including her husband. Without admission of liability, the employer paid the complainant $6,169 in compensation.


Sex Discrimination

Discrimination against pregnant women continues to plague women in the workplace. The Saskatchewan Human Rights Code prohibits discrimination on the basis of sex which includes pregnancy discrimination.

In one case the Workers’ Compensation Board agreed to change its policy regarding a pregnant woman’s right to workers’ compensation.

After suffering a workplace injury and collecting worker’s compensation benefits, a Saskatoon woman was scheduled to undergo corrective surgery but that surgery was postponed because of her pregnancy. The WCB considered the pregnancy a non-work related circumstance and denied her benefits until her pregnancy concluded. The matter was tied up in the courts for a number of years but once the legal issues were resolved the WCB agreed to change the rules to ensure pregnant women would have access to compensation.

In addition to paying the woman $5,385 for lost benefits and other matters, the Compensation Board agreed to the policy which now states women will not be denied worker’s compensation for the reason they are unable to undergo treatment or rehabilitation for workplace injury because of pregnancy.

Woman fired while pregnant

In another settlement of a pregnancy discrimination case, a Saskatoon restaurant owner agreed to pay a former waitress $6,600 compensation for lost employment and injury to feelings and loss of self-respect. The waitress had taken time off due to pregnancy complications and when she returned to work after a month-long absence, she was terminated.

Bonspiel refused women curlers

Two women employed in the Lloydminster oil industry successfully challenged an annual curling bonspiel that prohibited female teams from entering the competition.

The women complained the bonspiel afforded competitors the opportunity to strengthen working relationships and further industry contacts. By being denied entry into the bonspiel, the women were prevented from developing and improving business relationships.

A settlement negotiated by the Commission resulted in the name of the bonspiel being changed to remove reference to it as a male only event, and to allow a format that permits teams with any combination of men and women playing in any position.


Receipt of Public Assistance

The settlement of a complaint against a Regina property management company highlights the right of people receiving public assistance when renting living accommodations.

The complainant, a single mother, attempted to rent a two-bedroom apartment but was refused. Without admitting liability, the respondents agreed to pay the woman $400.

 

Devoted Human Rights Advocate Retires

The Assistant Director of the Saskatchewan Human Rights Commission, Donalda Ford, retired from the Commission in March after a career that put her at the front line of human rights activism for almost 30 years.

Donalda joined the Commission in 1973, first as a stenographer, then as executive secretary to the Director of the Commission. "By the end of my first year at the Commission, they were hiring investigators, I applied and got the job,’’ she said. "Investigations was a brand new area, it was really on the job training and a real opportune time to be with the Commission.’’

Over the course of her career at the Commission, Donalda has been its Director of Education, its Assistant Director and Director. In 1992 after a four-month secondment to the Department of Human Resources, Labour and Employment, Donalda was named Acting Executive Director of the Commission.

She remained Executive Director until the fall of 1996 when the positions of Director and Chief Commissioner were merged, and Donalda has remained Assistant Director since that time.


Donalda Ford

 

Her work in the human rights field earned her national honors in 1998 from the League for Human Rights of B’nai Brith Canada which cited her contribution and dedication to the cause of human rights.

Donalda recalled the early days at the Commission when discriminatory practices, especially against women were commonplace and accepted.

"In those days the newspapers would run separate want ads for men and women. It was not uncommon for a woman to be forced to quit her job when she married. To me I had a sense that this wasn’t fair, why should a woman quit work just because she was to get married?’’

Those discriminatory attitudes, to a large extent, have changed but there remain challenges in the human rights field, Donalda said. Discrimination is generally more subtle today than in the 1970s.

Racism remains a significant issue in Saskatchewan, although awareness of racism in all its forms has increased.

While she hesitates to single out a lone decision or event during her 27 years with the Commission, Donalda said the success of human rights issues in Saskatchewan can be seen in high court decisions.

"The Court of Appeal and the Supreme Court have incorporated concepts of human rights in their decisions," she said. "I have been pleasantly surprised that at the highest court levels, there is support for the broad principles of human rights."

 

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