Ontario (Human Rights Commission) v Simpsons-Sears Ltd
January 29, 2023
Ontario (Human Rights Commission) v Simpsons-Sears Ltd, [1985] 2 SCR 536 is a leading decision by the Supreme Court of Canada, which first acknowledged the existence of indirect discrimination through conduct that creates prejudicial effect.
Ontario (Human Rights Commission) v Simpsons-Sears Ltd
Theresa O'Malley was a Seventh-day Adventist who was employed by the retailer Simpsons-Sears. As part of her religion, she was forbidden from working from sundown on Friday to sundown on Saturday. There were no full-time shifts available that did not require work on Friday and Saturday and so the company terminated her employment.
Simpsons-Sears argued that by requiring all its employees to work Fridays and Saturdays, it was not intentionally trying to discriminate against her, but it was a neutral requirement it imposed on all employees.
The issue before the Supreme Court was whether the requirement for all employees to work on Friday and Saturday was discriminatory against her religion.
Decision
McIntyre J, writing for a unanimous Court, held Simpons-Sears had discriminated against O'Malley. Despite the reasonable basis for the requirement, the company had not tried to make any changes to the work schedule to accommodate O'Malley's religious requirements.
ontario, human, rights, commission, simpsons, sears, 1985, leading, decision, supreme, court, canada, which, first, acknowledged, existence, indirect, discrimination, through, conduct, that, creates, prejudicial, effect, supreme, court, canadahearing, january,. Ontario Human Rights Commission v Simpsons Sears Ltd 1985 2 SCR 536 is a leading decision by the Supreme Court of Canada which first acknowledged the existence of indirect discrimination through conduct that creates prejudicial effect Ontario Human Rights Commission v Simpsons Sears LtdSupreme Court of CanadaHearing January 29 1985 Judgment December 17 1985Full case nameOntario Human Rights Commission and Theresa O Malley Vincent v Simpsons Sears LimitedCitations 1985 2 SCR 536Docket No 17328RulingOHRC appeal allowedCourt membershipChief Justice Brian DicksonPuisne Justices Jean Beetz Willard Estey William McIntyre Julien Chouinard Antonio Lamer Bertha Wilson Gerald Le Dain Gerard La ForestReasons givenUnanimous reasons byMcIntyre J Contents 1 Background 2 Decision 3 See also 4 External linksBackground EditTheresa O Malley was a Seventh day Adventist who was employed by the retailer Simpsons Sears As part of her religion she was forbidden from working from sundown on Friday to sundown on Saturday There were no full time shifts available that did not require work on Friday and Saturday and so the company terminated her employment Simpsons Sears argued that by requiring all its employees to work Fridays and Saturdays it was not intentionally trying to discriminate against her but it was a neutral requirement it imposed on all employees The issue before the Supreme Court was whether the requirement for all employees to work on Friday and Saturday was discriminatory against her religion Decision EditMcIntyre J writing for a unanimous Court held Simpons Sears had discriminated against O Malley Despite the reasonable basis for the requirement the company had not tried to make any changes to the work schedule to accommodate O Malley s religious requirements See also EditCentral Okanagan School District No 23 v RenaudExternal links EditFull text of Supreme Court of Canada decision at LexUM and CanLII This article about Canadian law is a stub You can help Wikipedia by expanding it vte This Seventh day Adventist related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Ontario Human Rights Commission v Simpsons Sears Ltd amp oldid 1022999444, wikipedia, wiki, book, books, library,
