Board Says Woman Fired Because She Was Pregnant

An independent human rights board of inquiry has found that a Brookfield woman lost her job as an esthetician because she became pregnant.

Coralyn Fleck had been working for Ashton's Salon and Day Spa in Truro for two years when she was terminated in June 2004. In May 2004 she informed her co-workers that she was pregnant and would need to take regular breaks as part of her schedule. She expressed concern about her bookings after this because time was not being allowed for the breaks.

On June 7, 2004, Ms. Fleck was admitted to hospital and suffered a miscarriage after which her doctor placed her on bed rest for a week. After informing her supervisor of the doctor's instructions, she received a termination letter on June 9, 2004.

In his decision, board chair David MacDonald noted that the reasons given in Ms. Fleck's letter of termination did not hold up under cross examination of the salon's owner, Pamela Dean, at the inquiry.

"Ms. Dean conceded in response to questions from the board that the reference to losing business and not getting people booked was not Coralyn Fleck's fault," wrote Mr. MacDonald.

The chair pointed out in his decision that there were no warnings or attempts to deal with concerns prior to the termination letter being sent, leading to the conclusion that Ms. Fleck was let go because of her pregnancy.

Ashton's Salon and Day Spa has been ordered to pay Ms. Fleck $8,000 in general damages on or before August 31.

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 decision is available on the commission's website at http://gov.ns.ca/humanrights/ .