DISCRIMINATION - Prohibited grounds - Mental or physical disability - Workplace discrimination

Law360 Canada (September 20, 2023, 6:06 AM EDT) -- Appeal by Haynes from federal court’s dismissal of his application for judicial review on grounds of alleged unfairness of the Federal Court process. Haynes was a software developer and a long-time employee of Employment and Social Development Canada (“ESDC”). Haynes was a person with autism. Haynes did not ask for any accommodation when he started working at ESDC. When he realized that some accommodation was necessary, he advised his employer accordingly. He advised his supervisors he had a disability and asked for accommodation. Dissatisfied with the employer’s handling of his request for accommodation, Haynes filed four complaints under ESDC’s harassment policy, alleging that four members of management had subjected him to harassment and discrimination. An independent investigator’s investigation concluded that Haynes’ complaints against his team leader and his manager had been substantiated, in part. The investigator further concluded that Haynes’ complaints against his Director and his Director General were not made out. The ESDC official designated to receive harassment complaints (“designated official”) accepted the findings of the investigator. Haynes sought judicial review of the designated official’s decision to accept the findings of the investigator. Haynes’ judicial review application was dismissed. Haynes noted the Federal Court only set one day for the hearing of his application, rather than the three days he requested which made him unable to properly present his case....
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