The Human Rights Commission comments upon the decision of Maeve Baird, adjudicator, for a board of inquiry held in Ladle Cove on July 12, 2000. Ms. Baird, in this decision, rules that the Department of Health and Community Services and Roseanne Wellon were the employers of Gladys Tulk and orders the department to compensate Ms. Tulk for lost wages.

Gladys Tulk of Ladle Cove filed a complaint with the Human Rights Commission in April 1999 alleging discrimination in employment on the basis of pregnancy. Ms. Tulk was employed as a home care aide for Roseanne Wellon of Ladle Cove. Her employment was terminated when she became pregnant. In the complaint to the Human Rights Commission, Gladys Tulk named both the Department of Health and Community Services and Roseanne Wellon as respondents.

The Human Rights Commission notes that this is a significant decision as it establishes the Department of Health and Community Services as an employer where a person is hired to provide home support services with funding provided by that department.

In her decision, Ms. Baird states:

The Department utilized the complainant to fulfill its mandate and obligation to provide services to persons with disabilities. In keeping with the broad and purposive approach to be taken in interpreting human rights legislation, and upon careful consideration of the evidence presented during the hearing, and the authorities submitted, I therefore find that the First Respondent employed or utilized the complainant such that the First Respondent falls within the meaning of an "employer" in the Code. While the First Respondent did not directly terminate the complainant�s employment, in violation of the Code, it is vicariously liable for that discrimination.

In addition to ordering compensation against the first respondent, the Department of Health and Community Services, for lost wages plus interest, Ms. Baird also orders the first and second respondents to pay Ms. Tulk $2,000, in total, for emotional damages for hurt feelings and injury experienced by her as a result of the discrimination she experienced. Barry Fleming represented the Human Rights Commission at the hearing and Paul Nolan of the Department of Justice represented the Department of Health and Community Services. The second respondent, Roseanne Wellon, was not represented by legal counsel.

Copies of the decision are available at the office of the Human Rights Commission.

For further information contact:

Gladys Vivian, Executive Director
Human Rights Commission
P. O. Box 8700
St. John�s, Newfoundland
A1B 4J6
Phone: (709) 729-2709
Toll Free: 1-800-563-5808

2001 03 27                 2:55 p.m.