Human Rights Law: Terminated Due to CTE Discrimination

Termination due to Chronic Traumatic Encephalopathy (CTE) can constitute discrimination and a breach of human rights law. This was evident in Mr. Calkins‘ case, where his dismissal after disclosing his CTE led to a successful claim against his employer, Broadview Homes, at the Human Rights Tribunal. The tribunal highlighted employers’ responsibility to probe health-related causes impacting work performance before termination. Failure to do so can lead to discrimination, even if unintentional. The important lessons from this landmark case set a precedent for future CTE-related employment discrimination scenarios, offering more nuanced insights into the rights of employees with CTE.

Key Takeaways

• Employers must investigate health-related causes for performance issues before termination.
• Mr. Calkins won a discrimination case against Broadview Homes for termination after disclosing his CTE.
• The Human Rights Tribunal mandates employers to recognize potential links between performance and disability.
• Broadview Homes was found guilty of discrimination for failing to acknowledge CTE symptoms impacting work performance.
• Taylor Janis Workplace Lawyers assist employees facing workplace discrimination due to medical conditions like CTE.

The Case of Mr. Calkins

The case of Mr. Calkins against Broadview Homes presents a complex scenario of alleged discrimination based on his Chronic Traumatic Encephalopathy (CTE), a condition that was made known to his employer shortly before his termination.

Broadview Homes ended Mr. Calkins’ employment after roughly 30 months, spurring him to file a complaint with the Human Rights Commission.

Despite possessing significant construction industry experience, Mr. Calkins began struggling with tasks at Broadview that had never posed challenges in his previous roles.

Analysis of Broadviews Actions

Analyzing Broadview’s actions in the case of Mr. Calkins reveals important factors in the application of human rights law in the workplace. Broadview terminated Mr. Calkins’ employment citing performance issues, only a month after he disclosed his CTE condition to his supervisor.

The nature of the complaints against Mr. Calkins – rage, memory issues, and abusive behaviour – are in line with symptoms of CTE. This connection should have prompted Broadview to inquire into potential medical conditions impacting Mr. Calkins’ work performance.

Broadview’s assertion of ignorance of Mr. Calkins’ CTE-related struggles is considered questionable by the Human Rights Tribunal. They believe Broadview should have recognized the potential link between Mr. Calkins’ CTE and his performance issues, particularly following their conversation in June.

This case highlights the employer’s duty to investigate into an employee’s health issues when performance is impacted, rather than simply terminating employment. Failure to do so may constitute discrimination, even if unintentional. Therefore, Broadview’s actions are considered discriminatory, leading to Mr. Calkins’ successful claim before the Human Rights Tribunal.

This case serves as an important reminder to employers to take all factors into account when addressing performance issues.

Tribunals Conclusion on Discrimination

In examining the Tribunal’s determination on the issue of discrimination, it becomes evident that the employer’s obligation to investigate into an employee’s health – particularly when performance concerns arise – plays a significant role in evaluating discriminatory practices. The Tribunal’s finding illuminated the duty of an employer to explore potential health-related causes of performance issues rather than resorting to termination.

The Tribunal concluded that Broadview Homes should have probed into Mr. Calkins’ health status when allegations of performance issues arose. The firm’s failure to do so was deemed discriminatory. The Tribunal further outlined that an employer’s duty to inquire is triggered when it knows or should reasonably know of a connection between an employee’s performance and a potential disability.

This duty is a narrow exception to the general rule that employees are required to disclose relevant disability-related information. The tribunal’s conclusion underscored the importance of proactive employer intervention in instances of suspected health-related performance issues, thereby providing a pivotal benchmark for future discrimination cases.

Consequently, Mr. Calkins was awarded $20,000 in damages for his discriminatory treatment, establishing a precedent in CTE-related workplace discrimination law.

Insight on the Case

Delving deeper into the case, it becomes apparent that Mr. Calkins‘ dismissal exposes the complexities of discrimination law within the context of chronic traumatic encephalopathy (CTE) and workplace rights. Broadview Homes, his employer, terminated him citing performance issues. These issues, including rage towards customers, memory lapses, and abusive behaviour, coincidentally align with the known symptoms of CTE.

This fact raises the question of whether Mr. Calkins’ dismissal was indeed due to performance or rather a result of his medical condition. Even though Broadview claimed ignorance of Mr. Calkins’ CTE-related concerns, the Tribunal found that the company should have inquired further into Mr. Calkins’ health. This highlights the employer’s duty to inquire when there are obvious signs of health-related issues affecting an employee’s performance.

The Tribunal’s decision, awarding Mr. Calkins $20,000 for discriminatory treatment, underscores the importance of employers understanding and accommodating employees with disabilities. It also emphasizes that discrimination can occur without explicit intent, as was the case with Broadview’s failure to recognize Mr. Calkins’ CTE symptoms as a potential cause for his performance issues. This case serves as an important precedent for future cases involving CTE and employment discrimination.

How Taylor Janis Workplace Lawyers Can Help

Managing the complexities of employment law, Taylor Janis Workplace Lawyers provide comprehensive assistance to employees dealing with workplace discrimination. They offer a wealth of knowledge and expertise in defending the rights of individuals affected by discriminatory practices at work, like the unfortunate case of Mr. Calkins.

When facing similar situations, Taylor Janis steps in to guarantee that employees’ protected characteristics, such as medical conditions, are not utilized unjustly against them. They work tirelessly to establish the presence of adverse effects that have resulted from discrimination, a crucial component in proving such cases.

Taylor Janis also challenges the employer’s claims of ignorance about the employee’s condition. They assert the employer’s duty to inquire about potential medical concerns impacting an employee’s performance. The firm’s lawyers argue that failure to make such inquiries could, in itself, be discriminatory, as was highlighted in Mr. Calkins’ case.

Ultimately, the team at Taylor Janis is dedicated to achieving justice for their clients. They aim for rightful compensation to be awarded for discriminatory treatment, as seen in the $20,000 awarded to Mr. Calkins. With their dedicated support, employees can confidently navigate the intricate field of employment law.

Conclusion

The Broadview Homes case underscores the complex intersection of employment law and human rights legislation. It emphasizes the employer’s duty to investigate potential health issues impacting an employee’s performance and the unintentional nature of discrimination.

The tribunal’s decision reiterates the serious repercussions for employers failing to uphold human rights law. This case serves as a stark reminder that discrimination, whether intentional or not, can result in serious legal consequences.

References

Calkins v Broadview Homes (Alberta) Ltd., 2023 AHRC 45 (CanLII)
https://www.canlii.org/en/ab/abhrc/doc/2023/2023ahrc45/2023ahrc45.html

The Legal Review Process by Taylor Janis Workplace Law

• Taylor Janis strives for high-quality, legally verified content.
• Content is meticulously researched and reviewed by our legal writers/proofers.
• Details are sourced from trusted legal sources like the Employment Standards Code.
• Each article is edited for accuracy, clarity, and relevance.
• If you find any incorrect information or discrepancies in legal facts, we kindly ask that you contact us with a correction to ensure accuracy.