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The following is being distributed at the request of the Human Rights Commission: The Human Rights commission releases the decision of Gillian D. Butler, Q.C., adjudicator in the complaints of Kelly Hanlon, Kathryn Lewis and Christopher Martin against the Department of Justice and the Public Service Commission. The complainants filed complaints with the Human Rights Commission alleging that the vision standard for the position of Deputy Sheriff I as established by the Department of Justice and the Public Service Commission discriminated against them because of a physical disability contrary to Section 9 of the Human Rights Code. All three complainants have a functional vision standard which permits them to drive an automobile but they could not meet the specific standard as set for the Deputy Sheriff I position. In 1994 Ms. Lewis and Ms. Hanlon successfully argued that the original vision standard as set by the respondents for the position was discriminatory and thus violated Section 9 of the Human Rights Code. The Department of Justice and the Public Service Commission then instituted a new vision standard which prompted Ms. Hanlon, Ms. Lewis and Mr. Martin to file further complaints with the Human Rights Commission. A hearing was held before Ms. Butler in July 1995. Ms. Butler ruled that the existing vision standard was discriminatory and that the Department of Justice and the Public Service Commission cease the discriminatory practice of using the existing vision standard for reviewing applicants to the position of Deputy Sheriff I and that all three complainants be accepted in the next openings for the position if they meet the minimum common enrolment standards of the position. As well, each complainant was awarded $1,000 for damages. Barry Fleming represented the Human Rights Commission while Bruce Piller represented the respondents at the hearing. Contact: Gladys Vivian/Barry Fleming 1996 02 01 1:10 p.m. /md |
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