Board Agrees Woman Was Fired Because of Pregnancy
HUMAN RIGHTS COMMISSION--Board Agrees Woman Was Fired Because of Pregnancy
An independent human rights board has ruled that a Mount Uniacke woman was fired from the former Taylor Ford Lincoln car dealership because she requested time off due to her pregnancy.
Board chair Senator Donald Oliver has ordered the dealership, now known as Mondart Holdings Limited, to pay Tara Leigh (Eagles) Hazelwood $3,000 in general damages and $2,150 plus interest for lost wages. He reserved decision on a further amount to compensate Ms. Hazelwood for other costs.
"I find the defendant [Mondart Holdings] discriminated against Eagles on grounds of 'sex'," Senator Oliver wrote in his decision. "These actions on the part of the defendant had the effect of imposing burdens, obligations and disadvantages on Eagles and had the effect of withholding access to opportunities contrary to the Human Rights Act."
Ms. Hazelwood complained to the commission in December 2000 that she was terminated from her job as a sales and leasing consultant at the dealership in May 2000 after she informed her employer that she was pregnant.
The lawyer for the dealership argued at the hearing that she should have advised them of her pregnancy when she was interviewed for the position about two months earlier.
A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the Provincial Court selects a board chair from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board.
Evidence collected during investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether discrimination has occurred.
All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.
A copy of the independent board decision is available on the commission's website at http://gov.ns.ca/humanrights/decisions/2005decisions.htm .