Central Alberta Dairy Pool v. Alberta (Human Rights Commission)
Encyclopedia
Alberta Dairy Pool v. Alberta (Human Rights Commission), [1990] 2 S.C.R. 489, is a leading Human Rights decision of the Supreme Court of Canada
. The Court expanded on the concept of accommodation up to undue hardship
first established in Ontario Human Rights Commission and O'Malley v. Simpsons-Sears Ltd.
(1985) and provided a set of factors to consider when evaluating undue hardship.
and as part of his observance of the faith he had to take a number of days off work. The Dairy farm was initially accommodating but when he tried to take off a Monday, which was the busiest day of the week, they refused to let him off and told him that if he did not show up to work he would be fired. Christie did not show up on Monday and when he returned from work on Tuesday his job was filled with a new employee.
Christie submitted a complaint under the Individual's Rights Protection Act for dismissal based on religious grounds. The Board of Inquiry ordered that Christie be compensated for lost wages. On appeal the Court held that attendance on Mondays was a bonafide occupational requirement and therefore a valid ground for dismissal.
The issues before the Supreme Court were whether the Dairy farm could justify the dismissal on the basis that the requirement that Christie work on Mondays is a bonafide occupational requirement under section 7(3) of the Act, if not, whether it still open to the respondent to demonstrate that it had accommodated the complainant's religious beliefs up to the point of undue hardship and if so, whether the Dairy farm in fact reasonably accommodate the complainant's religious beliefs.
Wilson described the situation of one of adverse effect discrimination, which she defines as "a rule that is neutral on its face but has an adverse effect on certain members of the group to whom it applies". Monday attendance, she found, was an isolated incident and there was no evidence that it would be a recurring event. Thus, it was not a bonafide occupational requirement.
She then considered whether the Dairy farm accommodated Christie to the point of undue hardship. She observed that it was not necessary to provide a comprehensive definition of undue hardship and instead gave a list of factors.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The Court expanded on the concept of accommodation up to undue hardship
Undue hardship
Undue hardship is a legal term used to design an accommodation to employees that would either alter the nature of the enterprise or affect its viability. It is used in the employment discrimination law in the United States, Canada, and other countries....
first established in Ontario Human Rights Commission and O'Malley v. Simpsons-Sears Ltd.
Ontario Human Rights Commission and O'Malley v. Simpsons-Sears Ltd.
Ontario Human Rights Commission and O'Malley v. Simpsons-Sears Ltd., [1985] 2 S.C.R. 536 is a leading Supreme Court of Canada decision where the Court first acknowledged the existence of indirect discrimination through conduct that creates prejudicial effect.-Background:Theresa O'Malley was a...
(1985) and provided a set of factors to consider when evaluating undue hardship.
Background
Jim Christie was an employee at an Albertan Dairy farm since 1980. In 1983 he joined the Worldwide Church of GodWorldwide Church of God
Grace Communion International , formerly the Worldwide Church of God , is an evangelical Christian denomination based in Glendora, California, United States. Since April 3, 2009, it has used the new name Grace Communion International in the US...
and as part of his observance of the faith he had to take a number of days off work. The Dairy farm was initially accommodating but when he tried to take off a Monday, which was the busiest day of the week, they refused to let him off and told him that if he did not show up to work he would be fired. Christie did not show up on Monday and when he returned from work on Tuesday his job was filled with a new employee.
Christie submitted a complaint under the Individual's Rights Protection Act for dismissal based on religious grounds. The Board of Inquiry ordered that Christie be compensated for lost wages. On appeal the Court held that attendance on Mondays was a bonafide occupational requirement and therefore a valid ground for dismissal.
The issues before the Supreme Court were whether the Dairy farm could justify the dismissal on the basis that the requirement that Christie work on Mondays is a bonafide occupational requirement under section 7(3) of the Act, if not, whether it still open to the respondent to demonstrate that it had accommodated the complainant's religious beliefs up to the point of undue hardship and if so, whether the Dairy farm in fact reasonably accommodate the complainant's religious beliefs.
Opinion of the Court
Justice Wilson, writing for the majority, held that there was no bonafide occupational requirement for Monday attendance and that the Dairy farm did not accommodate to the point of undue hardship.Wilson described the situation of one of adverse effect discrimination, which she defines as "a rule that is neutral on its face but has an adverse effect on certain members of the group to whom it applies". Monday attendance, she found, was an isolated incident and there was no evidence that it would be a recurring event. Thus, it was not a bonafide occupational requirement.
She then considered whether the Dairy farm accommodated Christie to the point of undue hardship. She observed that it was not necessary to provide a comprehensive definition of undue hardship and instead gave a list of factors.
- financial costs of accommodation
- disruption of the collective agreement
- problems of morale of other employees
- interchangeability of work force and facilities
- size of the employer's operation (which may also influence the other factors such as whether the financial cost is undue or the difficulty in adapting the work force or facilities to accommodate individuals)
- safety concerns