Safety & HCM Post

$25K Too High a Penalty for Not Accommodating Employee’s Pregnancy

An EMT provider reassigned a pregnant paramedic to modified duties but it took 2 months. The union demanded not just 6 weeks’ pay but $25K in extraordinary damages for injury to the paramedic’s “dignity, feelings and self-respect.” The provider failed to accommodate the technician to the point of undue hardship, the arbitrator ruled. While the supply of modified duty jobs was limited and the provider wasn’t obliged to assign the paramedic unproductive work, there were also productive jobs she could have done that the provider didn’t consider. The arbitrator also agreed that the paramedic was entitled to extraordinary damages but said that $25K was too high given the nature, extent and impact of the breach and knocked the penalty down to $500 [Middlesex London Emergency Medical Services v Ontario Public Service Employees Union, Local 147, 2018 CanLII 1735 (ON LA), Jan. 23, 2018].

Bongarde Editorial

Bongarde Editorial

Leave Comment

Sign up to our FREE Safety & HCM newsletter