Central Okanagan School District No. 23 v. Renaud
Encyclopedia
Central Okanagan School District No. 23 v. Renaud, [1992] 2 S.C.R. 970 is a leading Supreme Court of Canada
where the Court found that an employer was under a duty to accommodate the religious beliefs of employees to the point of undue hardship.
and a practicing Seventh-day Adventist
. Under an employee collective agreement Renaud was required to work on Friday evening, however, due to Renaud's faith he was forbidden from working sundown on Friday to sundown on Saturday. He proposed several forms of accommodations where he would work Sunday to Thursday as a religious exception to the collective agreement. The school board rejected the alternatives and eventually terminated his employment.
Renaud brought a complaint on the grounds that the board violated section 8 of the British Columbia Human Rights Act for discrimination based on religion. The issues put to the Supreme Court was whether Renault was indirectly discriminated against and whether the school was under any duty to accommodate him.
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...
where the Court found that an employer was under a duty to accommodate the religious beliefs of employees to the point of undue hardship.
Background
Larry Renaud was a unionized custodian in the Central Okanagan School DistrictSchool District 23 Central Okanagan
School District 23 Central Okanagan is a school district in the Okanagan valley of British Columbia. It includes the city of Kelowna, and the District Municipalities of West Kelowna, Lake Country, and Peachland. The boundaries of the school district are identical to those of the Regional District...
and a practicing Seventh-day Adventist
Seventh-day Adventist Church
The Seventh-day Adventist Church is a Protestant Christian denomination distinguished by its observance of Saturday, the original seventh day of the Judeo-Christian week, as the Sabbath, and by its emphasis on the imminent second coming of Jesus Christ...
. Under an employee collective agreement Renaud was required to work on Friday evening, however, due to Renaud's faith he was forbidden from working sundown on Friday to sundown on Saturday. He proposed several forms of accommodations where he would work Sunday to Thursday as a religious exception to the collective agreement. The school board rejected the alternatives and eventually terminated his employment.
Renaud brought a complaint on the grounds that the board violated section 8 of the British Columbia Human Rights Act for discrimination based on religion. The issues put to the Supreme Court was whether Renault was indirectly discriminated against and whether the school was under any duty to accommodate him.
Reasons of the court
Justice Sopkina, writing for a unanimous Court, held that there was discrimination against Renaud. Sopinka found that an employer was under a duty to accommodate employees religious beliefs short of undue hardship even despite any collective agreement or private contract.See also
- 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...
- Seventh-day Adventist ChurchSeventh-day Adventist ChurchThe Seventh-day Adventist Church is a Protestant Christian denomination distinguished by its observance of Saturday, the original seventh day of the Judeo-Christian week, as the Sabbath, and by its emphasis on the imminent second coming of Jesus Christ...