Resolved complaint (120) about disability discrimination in employment

About the complaint

The complainant was employed as a store person at the respondent automotive warehouse and developed osteoarthritis in her knee. She alleged that the warehouse failed to make reasonable adjustments for her while she waited for surgery, subjected her to additional and unnecessary medical assessments, and terminated her employment before the surgery took place.

 The warehouse claimed that the additional medical assessments were necessary and reasonable in light of conflicting information about the complainant's prognosis and her need for ongoing adjustments following the surgery. The warehouse said that providing the requested adjustments would have imposed an unjustifiable hardship, and that the complainant could not perform the inherent requirements of her role.

 The complaint was resolved with an agreement that the warehouse pay the complainant $14,000 in compensation for economic loss.

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