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August 5, 1999
(Justice)


The following is being distributed at the request of the Human Rights Commission:

Board of Inquiry decision

The Human Rights Commission today released the decision of Adjudicator Elizabeth M. Heneghan, Q.C., in a complaint filed with the Commission by Dulcie Diamond of Stephenville against J and L Sheppard Sales Limited/Canadian Tire Associate Store. The complaint alleged discrimination in employment on the basis of sex.

Ms. Diamond, who commenced employment with the Canadian Tire store in September 1995, had been laid off in December 1996 because of a shortage of work. In the complaint to the Commission, Ms. Diamond alleged she would be recalled when business improved. In May of 1997 she discovered a man had been hired for the job she used to do in the hardware division. When Ms. Diamond questioned this, she says the manager said "he wanted a guy because there was lifting to be done and he didn't want to do it all himself." Ms. Diamond's complaint to the Commission said she had performed the duties of the job, including the lifting, for two years.

The complaint, which was forwarded to Mr. John Sheppard in September 1997, was not settled during the investigation and in July 1998 the Commission ordered the appointment of a Board of Inquiry.

Elizabeth M. Heneghan, Q.C. of St. John's heard the complaint in Stephenville on March 22, 1999. Her decision was released on July 26, 1999. Ms. Heneghan's decision supported the complainant's allegation of discrimination on the basis of sex, contrary to the Human Rights Code, and ordered J and L Sheppard Sales Limited to pay Dulcie Diamond $3,508 in damages. J and L Sheppard Sales Limited was not represented at the Board of Inquiry. Barry Fleming presented the complaint on behalf of the Human Rights Commission.

Media contact: Gladys Vivian, Executive Director, Human Rights Commission, (709) 729-2709.

1999 08 05         3:35 p.m.


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