Ontario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal

In Hamilton-Wentworth District School Board v Fair, [2014 ONSC 2411], the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal's first decision, it found that the Hamilton-Wentworth District School Board discriminated against its employee, Sharon Fair, by failing to accommodate her disability-related needs. In its second decision, the Tribunal ordered that Fair be reinstated more than nine years after her employment was terminated and it also awarded her damages of over $400,000 — one of the largest damages awards made by the Tribunal to date. Published in the October 2014 edition (Number 58) of Focus on Canadian Employment and Equality Rights by Wolters Kluwer CCH.