Board Dismisses Human Rights Complaint

A human rights board of inquiry has dismissed a complaint filed by a Glace Bay man who alleged that he was discriminated against by a Cape Breton labour union.

Robert Blanchard has multiple sclerosis. He alleged that Doug Serroul and Bernie MacMaster of the Labourers International Union, Local 1115, failed to find him employment at the Stora project in Port Hawkesbury because of his physical disability. Mr. Blanchard said they denied him job referrals, thus decreasing his chances of being hired at the site.

Representatives of Local 1115 denied the allegations of discrimination and said they tried to accommodate Mr. Blanchard's disability, but pointed out that under the collective agreement they must supply employers with workers who are able to do the job.

The chair of the board of inquiry, Elizabeth Cusack, dismissed the complaint because she did not find evidence to prove that Local 1115 failed to fulfill its duty to accommodate his physical disability. Although she felt the union should have done more to try and secure employment for Mr Blanchard, she conceded that these attempts would have been futile because of safety concerns.

Ms. Cusack observed that the union has an obligation to individually assess the capabilities of an employee and not make assumptions based on a perception of a person's physical limitation.