The Federal Court of Appeal has found that Bell Canada discriminated against an employee at the first stage of the human rights analysis after ending her employment and long term disability coverage before she had actually returned to work. Kathleen O’Grady had been away from work because of disability and was preparing for a graduated return. Her medical information supported a planned return to work, but that process had not yet been completed when Bell treated her as though she had recovered and was back in the workplace. Bell ended her employment and her disability related benefit coverage. O’Grady argued that those decisions were connected to her disability because they were made while she remained disabled and before the planned return had occurred. The Canadian Human Rights Tribunal rejected the complaint at the prima facie stage. The Federal Court later upheld that result on judicial review. The Federal Court of Appeal disagreed.
This is a preview. Full access remains subject to the reading allowance or membership.