Dismissed 2 days after hiring because he has no fingers on his left hand

Release date: January 20, 2010

An employee who has no fingers on his left hand due to a congenital handicap is claiming damages following his dismissal. After holding the position of production operator for two days, he was dismissed due to the fact that he was “missing a hand” and that his condition did not meet the standards of occupational health and safety, as well as the “versatility standards”, without regard for his ability to perform the tasks assigned to him. According to the judge, the employer did not prove that his standard of automatic exclusion due to a handicap was rationally linked to performing the work of a machine operator. The reason that the employee was excluded from employment was instead due to prejudice and stereotypes maintaining the idea that a physical anomaly inevitably leads to functional limitations. The employee is entitled to $10 000 for non-material damages and to $3000 for exemplary damages. Commission des droits de la personne et des droits de la jeunesse v. Systèmes de drainage Modernes Inc. , 2009 QCTDP 10 (T.D.P.Q.) Justice Michèle Pauzé


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