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Posts Tagged "rights"

10Sep

Art too sexy for this bar? Human rights complaint launched over decor

by admin

Jasmine Mooney is a successful entrepreneur who owns three Vancouver bars – but lately she’s been defending her taste in art.

Five employees from the Hotel Belmont have launched a human rights complaint over what they contend is an unsafe work environment, caused by what’s on the bar walls.

A large print of a nude woman bent over a muscle car hangs in The Basement, Mooney’s watering hole in the hotel’s lower level. There are also bright neon outlines of a naked woman and man outside the washrooms.

The employees do not work for Mooney, but in other departments in the hotel.

They sought aid from Union Here, the same group that helped employees of the Hotel Georgia launch a sexual harassment claim.

“My reaction was that it was very grotesque and offensive to women,” said Sharan Pawa, spokesperson for Union Here local 40. “The excuse for these images is that they are just trendy and fun, but we don’t think that it’s appropriate because fun doesn’t equate to sexualizing women.”

The F-word is also prominently displayed twice the main bar area, and drawings of dozens of breasts are on the washroom’s ceiling.

Mooney says she choose the artwork herself and does not find it offensive.

”It’s edgy and it’s out there and it’s different” she said. “That’s the thing with art, it’s so subjective.”

She argues similar works are displayed in galleries all over the world, and they are revered by critics.

Her intention was to design a fun establishment that reminds people of the 1950s and their parents basement. The décor is bright. It has a bowling alley, arcade and jelly bean dispensers.

Mooney said minors will never be permitted inside, and none of her employees have complained to her.

“Absolutely not. No, we go above and beyond to ensure our staff are comfortable and secure,” she insisted.

27Aug

Human rights complaint dismissed after man with sex addiction banned from yoga studio

by admin

A man who says he has a sex addiction had his human rights complaint dismissed after alleging he was discriminated against when he was banned from a White Rock yoga studio.

According to a BC Human Rights Tribunal application to dismiss, Erik Rutherford said he attended classes at Westcoast Hot Yoga for over 10 years. When he asked for coaching services from one of the studio’s employees who has her own outside business, however, he was turned down. 

Background in the dismissal application says Rutherford had told the coach “he was seeking help with sex addiction,” but the coach said this wasn’t her field of expertise. He also opened up to other staff about his former experiences with addiction.

Rutherford added that he had reached out to the coach “out of trust as she had offered her health coaching business to me as she had male clients from our studio, but admittedly I contacted her partly due to my mental disability as she is an attractive healthy woman.”

After asking for coaching help and telling staff about his addiction background, Rutherford alleges he was discriminated against by staff, saying they looked at him differently, gossiped about him and eventually wouldn’t let him take yoga classes at the studio. 

The yoga studio, however, said their decision to not allow Rutherford to attend classes anymore had nothing to do with his mental health. 

Instead, Westcoast told the tribunal that Rutherford “began phoning, texting and emailing Westcoast staff at all hours, making staff and some clients uncomfortable,” after his coaching request was denied. 

The yoga studio went on to say that the reason he was asked to practice somewhere else was because he didn’t “stop harassing (them) with emails and false accusations against teachers.” The yoga studio even went so far as to speak to police for help. 

Tribunal documents show that, on May 13, 2018, Rutherford sent an email to the yoga studio, stating he had talked to his 12-step advisor about the situation. 

“My main thing is alcohol but only on vacation,” the email said. “My main issue is internet or cyber pornography that is not related to the studio. If I am paying for yoga, kindly tell your instructors to not silently judge.”

The next day, Rutherford attended a yoga class and later that afternoon, got an email response from the studio. 

“I have had some very upset conversations this morning from my staff, in regards to voice messages left late last night and also teachers receiving messages from you late last night,” the email to Rutherford said. 

“On Saturday I did have a lady concerned about you staring constantly in class … it makes people very uncomfortable, and your constant approaching (the coach) at all hours, and sharing your personal issues has made her and some other staff after your message very uncomfortable.”

The email went on to say that Rutherford’s recently purchased class pass would be refunded. 

“Please do not send any further messages to all these parties, or there will need to have the police involved,” the email said. 

The BC Human Rights Tribunal has the authority to apply for a complaint to be dismissed before it goes to a hearing, particularly if the tribunal member feels the complaint doesn’t “warrant the time or expense of a hearing.” In this case, tribunal member Emily Ohler explained she did not think Rutherford’s complaint would succeed. 

Rutherford responded, saying his “disease is spiritual, mental, physical and social and financially void disease with many different facets and can easily display itself in sexual manifestations especially when abstaining from drugs and alcohol.” 

He went on to say he hasn’t “used the dangerous chemicals since early 2003.”

However, when Rutherford spoke to a doctor to get a diagnosis for his mental health issues and submit a letter to the tribunal, the doctor did not supply a diagnosis. Instead, wrote that Rutherford “does not always recognize personal boundaries,” adding that “he was more likely barred because of some behaviour that either annoyed, scared or offended an instructor.”

In her decision, Ohler said she was “reasonably certain” the yoga studio would be able to prove in a hearing “that continuing to allow Mr. Rutherford to practice yoga at its studio in the circumstances would constitute undue hardship.” 

27Aug

Man with sex addiction banned from yoga studio; human rights complaint dismissed

by admin

A man who says he has a sex addiction had his human rights complaint dismissed after alleging he was discriminated against when he was banned from a White Rock yoga studio.

According to a BC Human Rights Tribunal application to dismiss, Erik Rutherford said he attended classes at Westcoast Hot Yoga for over 10 years. When he asked for coaching services from one of the studio’s employees who has her own outside business, however, he was turned down. 

Background in the dismissal application says Rutherford had told the coach “he was seeking help with sex addiction,” but the coach said this wasn’t her field of expertise. He also opened up to other staff about his former experiences with addiction.

Rutherford added that he had reached out to the coach “out of trust as she had offered her health coaching business to me as she had male clients from our studio, but admittedly I contacted her partly due to my mental disability as she is an attractive healthy woman.”

After asking for coaching help and telling staff about his addiction background, Rutherford alleges he was discriminated against by staff, saying they looked at him differently, gossiped about him and eventually wouldn’t let him take yoga classes at the studio. 

The yoga studio, however, said their decision to not allow Rutherford to attend classes anymore had nothing to do with his mental health. 

Instead, Westcoast told the tribunal that Rutherford “began phoning, texting and emailing Westcoast staff at all hours, making staff and some clients uncomfortable,” after his coaching request was denied. 

The yoga studio went on to say that the reason he was asked to practice somewhere else was because he didn’t “stop harassing (them) with emails and false accusations against teachers.” The yoga studio even went so far as to speak to police for help. 

Tribunal documents show that, on May 13, 2018, Rutherford sent an email to the yoga studio, stating he had talked to his 12-step advisor about the situation. 

“My main thing is alcohol but only on vacation,” the email said. “My main issue is internet or cyber pornography that is not related to the studio. If I am paying for yoga, kindly tell your instructors to not silently judge.”

The next day, Rutherford attended a yoga class and later that afternoon, got an email response from the studio. 

“I have had some very upset conversations this morning from my staff, in regards to voice messages left late last night and also teachers receiving messages from you late last night,” the email to Rutherford said. 

“On Saturday I did have a lady concerned about you staring constantly in class … it makes people very uncomfortable, and your constant approaching (the coach) at all hours, and sharing your personal issues has made her and some other staff after your message very uncomfortable.”

The email went on to say that Rutherford’s recently purchased class pass would be refunded. 

“Please do not send any further messages to all these parties, or there will need to have the police involved,” the email said. 

The BC Human Rights Tribunal has the authority to apply for a complaint to be dismissed before it goes to a hearing, particularly if the tribunal member feels the complaint doesn’t “warrant the time or expense of a hearing.” In this case, tribunal member Emily Ohler explained she did not think Rutherford’s complaint would succeed. 

Rutherford responded, saying his “disease is spiritual, mental, physical and social and financially void disease with many different facets and can easily display itself in sexual manifestations especially when abstaining from drugs and alcohol.” 

He went on to say he hasn’t “used the dangerous chemicals since early 2003.”

However, when Rutherford spoke to a doctor to get a diagnosis for his mental health issues and submit a letter to the tribunal, the doctor did not supply a diagnosis. Instead, wrote that Rutherford “does not always recognize personal boundaries,” adding that “he was more likely barred because of some behaviour that either annoyed, scared or offended an instructor.”

In her decision, Ohler said she was “reasonably certain” the yoga studio would be able to prove in a hearing “that continuing to allow Mr. Rutherford to practice yoga at its studio in the circumstances would constitute undue hardship.” 

3Jul

Illegal Airbnb hostel operator’s human rights complaint dismissed

by admin

Alyse Kotyk, CTV News Vancouver


Published Wednesday, July 3, 2019 1:24PM PDT


Last Updated Wednesday, July 3, 2019 1:33PM PDT

A North Vancouver townhouse owner whose strata tried to shut down her 15-bed Airbnb rental has had a human rights complaint denied.

Emily Yu filed a complaint with the B.C. Human Rights Tribunal alleging her strata violated her rights when it told her she was breaking their bylaw by running a short term rental out of her home.

In her complaint, Yu said the strata’s demand discriminated against her disability, which she said requires her to rent out her unit for income. 

However, tribunal member Devyn Cousineau cited a previous Supreme Court decision on the same dispute that said there was not enough evidence of a mental disability. 

“There is a one-paragraph letter from what appears to be a general practitioner, which states that she has long-term post-concussion issues and ongoing disability. This is simply, not enough, in my view,” the Supreme Court judge’s decision from 2018 says.

Cousineau’s decision released on June 26 said the B.C. Human Rights Code allows the tribunal to dismiss a complaint that “has been appropriately dealt with in another proceeding.” She pointed out that this was not the first time Yu and her strata had filed formal complaints against each other.

In 2017, following an application from her strata, Yu was ordered by the Civil Resolution Tribunal to shut down her rental, known as the “Oasis Hostel” operating out of her townhouse on 13th Avenue near Chesterfield Avenue.

“The owner used (the unit) as an ‘Airbnb’ unit since at least May 2016, whereby she rented out as many as 15 beds and (had) up to 20 short-term boarders at any one time,” the CRT decision says. 

“The Airbnb use is not disputed and is supported by various witness statements and documentary evidence, including ‘Craigslist’ ads provided to the tribunal, with the owner apparently charging between $50 and $102 per night for each bed.” 

Background information in the CRT decision also noted that Yu never had a business licence with the City of North Vancouver and that the city had ordered her to stop running the Airbnb on multiple occasions as it went against its bylaws. 

As a result of the CRT’s decision, Yu was fined $4,600 for running the Airbnb. That’s when the matter came before the Supreme Court, when Yu tried to appeal CRT’s decision. However, in 2018, she lost. 

In the case of the recent human rights complaint, Cousineau felt Yu’s issue had already been adequately dealt with by CRT and the Supreme Court and could not “support the re-litigation of the same issue.”  


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26Jun

Notorious illegal hostel owner has human rights complaint dismissed | CBC News

by admin

A North Vancouver woman who was repeatedly ordered to shut down her illegal 15-bed hostel won’t get another chance to argue she needs the extra income because she’s disabled.

The B.C. Human Rights Tribunal has declined to hear Emily Yu’s complaint alleging discrimination by her townhouse strata, saying the issue had already been dealt with by the Civil Resolution Tribunal and the B.C. Supreme Court.

“I can see no principled reason to allow her to re‐litigate the same issue again, this time in a different forum. As the Supreme Court of Canada has said: ‘Forum shopping for a different and better result can be dressed up in many attractive adjectives, but fairness is not among them,'” tribunal member Devyn Cousineau wrote in Wednesday’s decision.

Yu’s strata, the City of North Vancouver and the courts have all told Yu to stop booking short-term guests for her three-bedroom townhouse. She was advertising up to 15 beds in the “Oasis Hostel” on sites like Airbnb, iBooked.ca and TripAdvisor.

The operation violated strata bylaws, and the city described it as a nuisance and a fire hazard.

In April, Yu was fined $5,000 for contempt of court after she refused to abide by an order of the Civil Resolution Tribunal and continued to rent out the beds.

But Yu told the human rights tribunal that she needed the extra income because she has a disability.

She said she planned to raise new issues that “could potentially affect many marginalized women” and said dismissing her complaint would result in a “miscarriage of justice,” according to Wednesday’s decision.

As Cousineau pointed out, however, Yu had previously raised the disability issue when she tried to appeal the Civil Resolution Tribunal decision in B.C. Supreme Court.

As part of her appeal, she submitted an affidavit and portions of a psychiatric assessment outlining her disabilities, which appear to include post-concussion problems, but the judge said there was “insufficient evidence” of a mental disability that would justify her continued violation of the strata bylaw.

Yu’s strata applied to the court last year, asking for an order forcing Yu to sell her unit, but the judge has yet to make a decision on that, calling it a “remedy of last resort.”

Airbnb has suspended Yu and her listing is no longer available on TripAdvisor.

 


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12Jun

Atheist nurse’s fight against mandatory AA will go before B.C. Human Rights Tribunal | CBC News

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A B.C. nurse who lost his job when he refused to attend a 12-step program for addiction will get a chance to argue he was discriminated against as an atheist.

Byron Wood contends Alcoholic Anonymous’s emphasis on placing your life in the hands of a higher power simply won’t work for someone who doesn’t hold any religious beliefs.

That’s an argument worth considering, according to the B.C. Human Rights Tribunal. On Wednesday, it denied Vancouver Coastal Health’s application to dismiss Wood’s complaint alleging discimination on the basis of religion. 

“The tribunal has not [previously] considered whether the 12‐step program utilized by Alcoholics  Anonymous and Narcotics Anonymous … may discriminate against persons with substance abuse disorders who are atheists,” tribunal member Walter Rilkoff wrote.

“In my view, there is a public interest in addressing that issue.”

If Wood was indeed a victim of discrimination, the tribunal will also have to decide what steps his employer would need to take to accommodate his lack of belief.

In the same decision, the tribunal also dismissed Wood’s complaint that he was discriminated on the basis of a mental disability — specifically, addiction — as well as parallel complaints against his union.

In an email to CBC, Wood expressed hope about the prospect of arguing his case before the tribunal.

“At a hearing, I will have the opportunity to introduce expert testimony from addiction experts,” he wrote.

“I’m hoping that eventually the courts will favour the evidence of experts who have a current, science-based understanding of substance use disorders. Only then will employers be forced to change their policies.”

No alternatives

Wood was diagnosed with substance use disorder after a psychotic break landed him in the psychiatric ward at Vancouver General Hospital in the fall of 2013. His professional college was informed, along with his union and Vancouver Coastal Health (VCH), his employer at the time.

He was referred to an addictions specialist, who created a plan that Wood would need to follow if he wanted to return to work. AA was a mandatory component of that plan.

Wood lost his job as a nurse after refusing to continue with Alcoholics Anonymous meetings. (Bethany Lindsay/CBC)

Wood suggested alternatives to the 12 steps, including secular support groups and counselling, but his doctor rejected them, according to emails provided to CBC. 

He also asked for a referral to a new doctor, but his union informed him that it only uses addictions specialists who follow the 12-step model, the emails show.

He says the AA meetings didn’t help, but he lost his job as well as his registration as a nurse when he stopped going.

Researchers who’ve spoken to CBC about Wood’s story say it’s not unusual in Canada, and nurses are regularly required to attend 12-step programs in the interest of protecting public safety.

Medical opinions can be discriminatory

In its submissions to the tribunal, VCH argued the treatment plan designed for Wood was reasonable and supported by medical experts. 

But Rilkoff said expert opinions weren’t enough.

“Relying on medical opinions is not a sufficient defence if the medical recommendations are themselves discriminatory … VCH cannot avoid liability if it relies on discriminatory advice,” the decision says.

The 12 steps require members to “turn our will and our lives over to the care of God as we understood Him,” admit their faults and make amends with those they’ve hurt.

Many people who have recovered from addiction say AA was instrumental in their success.

But scientists who study addiction have long questioned the overall effectiveness of AA. In recent decades, numerous evidence-based pharmaceutical treatments have been developed for addiction, along with non-religious programs like SMART Recovery and LifeRing Secular Recovery.

For his part, Wood says he’s had great success using a drug called naltrexone, which blocks the intoxicating effects of alcohol and opiates. It’s an option he says he wasn’t offered while he was still employed as a nurse.


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9Jun

Not ‘just a suggestion’: MMIWG report calls to give Indigenous people rights most Canadians enjoy already | CBC News

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In the wake of the National Inquiry into Missing and Murdered Indigenous Women and Firls’ final report, attention is now turning toward whether its 231 recommendations will be acted upon.

On Monday, the national inquiry held its closing ceremony in Gatineau, Que., where it delivered its final report to government. The inquiry detailed what it found to be the root causes of the disproportionate amount of violence experienced by Indigenous women and girls and made 231 “Calls for Justice” to address them. 

The inquiry’s commissioners have said the calls for justice are not merely recommendations but legal imperatives based in “international and domestic human and Indigenous rights laws, including the Charter, the Constitution and the Honour of the Crown.”

During a news conference after the inquiry’s closing ceremony, commissioner Qajaq Robinson elaborated on what it means to describe the calls for justice as legal imperatives.

“If we’re talking to access to health — for example the calls for justice that there be holistic, wraparound health services in all communities and isolated communities — that isn’t just a suggestion. It’s because the people in those communities have a right to health, have a right to those services,” she said.

“You legally have to do it. It’s not like we’re asking you to come up with a new framework to understand what you have to do. You signed it already; you’re just not implementing it.”

Commissioner Michèle Audette said the rights the inquiry is talking about seem to be respected in southern Canada.

Prime Minister Justin Trudeau, left, holds a copy of the report presented to him by commissioners Marion Buller, centre, Michèle Audette, third from right, Brian Eyolfson, second from right, and Qajaq Robinson at the closing ceremony for the national inquiry into missing and murdered Indigenous women and girls in Gatineau, Que., on June 3. (Adrian Wyld/Canadian Press)

“But when you live in my North… far, far away, there’s no protection, no services, no accessibility. And it’s still called Canada,” she said. 

While the commissioners say the calls are rooted in existing legal commitments, the final report also states that “Governments are not required to implement these recommendations.”

‘These truths are piling up’

Like the Truth and Reconciliation Commission’s 2015 report, the national inquiry’s report acknowledges it will take all Canadians to assert their political pressure on institutions and governments to ensure substantive changes come about.

Cindy Blackstock, executive director of the First Nations and Family Caring Society, has been at the forefront of pushing government for equity for First Nations children in Canada.

The Canadian Human Rights Tribunal sided with the society and Assembly of First Nations in a 2016 ruling, finding that Canada discriminates against First Nations children on reserves by failing to provide them with the same level of child welfare services that exist elsewhere in Canada.

Three years later, and more than a decade since the initial complaint was filed, the case is still not resolved. There have been seven non-compliance orders issued by the tribunal since its ruling.

Blackstock says, looking at the calls put forward by the national inquiry, the most important impact the final report can have is to change the collective Canadian consciousness. In her view, governments don’t make change, they respond to change.

Cindy Blackstock, executive director of the First Nations Child and Family Caring Society speaks at a news conference on Parliament Hill in 2016. (Sean Kilpatrick/Canadian Press)

“All of these reports and all these truths are piling up in a way that makes it more and more difficult for people normalize the discrimination and to turn away from it,” she said.

She said key indicators that change is happening will be a shift in public attitude. She said the public should also be looking for on-the-ground, immediate investments in things like safe shelter space for women fleeing violence.

Blackstock said the calls for justice might not be legally binding, but are certainly morally binding. Still, she said it will likely take litigation to achieve the level of substantive reform for which the inquiry is calling.

Minister of Indigenous Services Seamus O’Regan said Ottawa is already taking action on the report through its national action plan to invest in housing and education on reserves and safety on the Highway of Tears.

The prime minister has also promised that the federal government will come up with a national action plan for implementing the inquiry’s recommendations, which itself is among the 231 calls for justice in the final report. The government says this action plan will be developed in partnership with survivors, family members as well as First Nations, Métis and Inuit governments and organizations. 

When asked if the recommendations of the inquiry are legally binding, a spokesperson for the Ministry of Crown-Indigenous Relations and Northern Affairs wrote in an emailed statement that “the final report offered recommendations to inform concrete action,” and referred to the inquiry’s terms of reference which include making recommendations to remove “systemic causes of violence and to increase the safety of Indigenous women and girls.” 


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4Jun

Ottawa renews annual spending on women and children’s health, rights and ups it to $1.4 billion a year

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Prime Minister Justin Trudeau announces a $1.4-billion annual commitment to support women’s global health at the Women Deliver 2019 Conference at the Vancouver Convention Centre on Tuesday.


LINDSEY WASSON / REUTERS

The federal government is pledging to spend $1.4 billion a year “advancing the health and rights” of women, teens and children around the world.

Prime Minister Justin Trudeau made the announcement on the first full day of Women Deliver 2019, an international conference on gender equity being held in Vancouver this week.

The aid package renews Canada commitment to women’s health abroad by pledging to extend the current $1.1 billion a year aid beyond 2020, when it was set to expire, and increase it.

Maryam Monsef, the minister for women and gender equality, called the 10-year commitment “unprecedented.”

She said the announcement means funding is promised under her government until 2030, and the $1.1 billion amount will increase gradually to $1.4 billion a year by 2023.

A 10-year maternal, newborn and child health policy that expires in 2020 had been brought in in 2010 under the previous Conservative government.

Monsef and her staff said most of the extra funding of $300,000 a year would be spent on the “neglected” area of sexual reproductive health rights, including abortion.

When Trudeau announced the funding commitment at the start of Tuesday’s plenary, he said such funding was needed more than ever.

He noted there are 200 million women around the world who have no access to contraceptives, and he and several other presenters at the conference spoke of “pushback” to gains for women’s sexual and reproductive rights.

“The unfortunate truth is that we live in a world where rights are increasingly under threat,” Trudeau said in a brief announcement.

Speaking in French, he said only women should have the right to determine what is best for their bodies and that abortion “must be accessible, safe and legal.”

“We can’t talk about sexual and reproductive rights in isolation from the rest of women’s health because, just as there are 200 million women who don’t have access to contraception, hundreds more die every day from preventable causes related to pregnancy and childbirth,” he said.

The Canadian Partnership for Women and Children’s Health (CanWaCH) called the federal promise of funding an “historic day.”

“The investment will not only ensure that Canada’s long, proud tradition as a leader in women and children’s health continues, it comes with a purposeful approach that addresses critical gaps in the health needs of women and adolescents,” the organization said in a news release.

It said it renews funding for reproductive, maternal, newborn and children’s health and nutrition and adds aid for the “most neglected areas of sexual and reproductive health and rights.”

Its acting executive director, Julia Anderson, said in the release that the funding comes at a critical time “when rollbacks on women’s health rights are being acutely felt around the globe.”

Soon after his election in 2016, U.S. President Donald Trump reinstated and expanded Ronald Reagan’s Mexico City Policy, which bars international non-governmental organizations that deliver any counselling or abortion services, no matter what nation pays for that service, from receiving U.S. government support.

A number of U.S. states have recently or are considering abortion bans.


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19Jan

Molly Maid cleaner files human rights complaint after losing job during pregnancy

by admin

A woman who worked as a cleaner for Molly Maid in Metro Vancouver has filed a human rights complaint alleging the company fired her because she needed to attend emergency medical appointments for complications with her pregnancy.

The maid service applied to dismiss the complaint, arguing that it has offered the cleaner, Katelyn Jansen, a reasonable settlement of about $10,500 for damages for injury to dignity and wages lost.

Jansen argued that amount wasn’t enough. She also wants the company to create and implement a policy on pregnant women in the workplace.

The B.C. Human Rights Tribunal recently sided with Jansen and denied the company’s application, paving the way for the case to go forward. 

In an affidavit filed as part of her response to Molly Maid’s application, Jansen said, 15 months later, she still feels hurt by the company’s decision to dismiss her. 

‘Emotionally fragile’

Jansen said the appointments she attended at the time were to find out if her baby would be born with a “serious, life-altering disability.”

“I was in the most emotionally fragile and vulnerable place that I had been in in my life,” she said.

Molly Maid’s lawyer says the company takes issue with some of Jansen’s assertions. The decison notes that the company said it didn’t fire her, but instead assumed she had quit because she hadn’t contacted them for six days. 

West Coast LEAF, a legal organization that supports gender equality, wouldn’t comment on the validity of the complaint but said many employers are still unaware of their obligation to reasonably accommodate pregnant women at work. 

“We do hear quite regularly about challenges for pregnant women to receive proper accommodation in their employment,” said Raji Mangat, the organization’s director of litigation.

“Certainly in a field where many, if not most, of the employees are women, it would seem that the employer ought to have some sort of contingency plan in place.”

Hospital visit

According to the decision, Jansen had to miss work the first time beginning on July 31, 2017. She was 21 and four months pregnant and had been working for the company since February of that year.

In her affidavit, Jansen says she had scheduled an ultrasound for that day, but the Molly Maid asked her to reschedule it because the end of the month is its busiest time.

Jansen said on the night of July 30 she went to hospital after she experienced “excruciating abdominal pain” and bleeding. 

The next day, Jansen said in her affidavit, she met with her doctor and proceeded with the ultrasound, which she said she had forgotten to cancel.

Her employer was skeptical, she said.

“So weird it’s on the day you have twice requested off????” Jansen said one of the owners texted when she told them she couldn’t work. 

Jansen said she interpreted the response to indicate the owner wasn’t concerned about her condition. 

‘Angry and powerless’

Over the course of the next two weeks, according to Jansen’s affidavit, she attended more medical appointments — some outside of work hours, others not — and discovered her baby likely would be born with a genetic disorder. 

“I felt scared and helpless. At the time, I could not focus on anything else,” Jansen wrote in her affidavit.

In her affidavit Jansen said she last worked on Thursday, Aug. 10 when she left early to attend a medical appointment. 

The following Monday, Jansen said her midwife informed the company she would again have to miss work to attend a medical appointment the next day.

By Wednesday, Aug. 16, Jansen told the company she could return to work. But Molly Maid told her they assumed she wasn’t returning because they hadn’t heard from her in six days. 

Jansen said Molly Maid told her it had already issued her final cheque and a Record of Employment stating that she had quit. In her affidavit, Jansen said she felt “dumbfounded and sick and hurt and angry and powerless.”

Jansen’s baby was born on Dec. 26, 2017. Jansen said the child is legally blind, with only one functioning kidney and a club foot. 

Her complaint is scheduled for a trial at the tribunal in February.


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12Oct

Nova Scotia says it won’t appeal accessibility ruling by human rights board – Halifax

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The province says it won’t appeal a Nova Scotia human rights ruling that it discriminated against people in wheelchairs by failing to enforce a regulation requiring restaurants to have accessible bathrooms.

The independent board of inquiry said in a decision released in September that the province did not regulate food safety provisions on accessible washrooms in restaurants with patios.

READ: ‘Accessible washrooms should include everyone’: N.S. human rights inquiry begins

Chairwoman Gail Gatchalian ordered the Environment Department to interpret, administer and enforce the regulations as they appear.

The Justice Department says it will fast track an action plan to ensure the human rights decision is implemented in a timely fashion.

WATCH: Nova Scotia’s Accessibility Advisory Board holds inaugural meeting in Halifax






It will be developed in collaboration with the disability community and the restaurant industry.

The department says its effort will be supported by the newly established Accessibility Directorate and the Nova Scotia Accessibility Advisory Board.




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