Re: Jeannie-Marie Anne Stewart v. [redacted]
Our File: [redacted]
The above-noted person has filed the enclosed complaint with our office. The substance of the complaint is as follows:
Jeannie-Marie Anne Stewart is a person with a disability that requires accommodations. She had been employed since September 11, 2010 as a server by the [redacted] in North Battleford , which is owned and operated by [redacted] Saskatchewan Ltd. She said that on September 10, 2010 she went to this restaurant to apply for a job and that she was hired on the spot by the person whom she believed to be the owner. She said that she did not believe the owner noticed during this interview that one of her arms had been amputated at the elbow. She said that she started work the next day and that part way into her shift the owner noticed her arm. Ms. Stewart said that he expressed negativity when he asked her why she had not told him. She said that she responded that she wanted a chance to prove that she could do the job. Ms. Stewart believes her abilities were being tested throughout the remaining of her shift. She said that she succeeded in her duties. The owner told her at the end of her shift that she did a good job and he also agreed that he would not have hired her had he known about her arm. Ms. Stewart said that she was not scheduled for any further shifts and when she asked why, on or about September 14, 2010 the owner told her that "we have decided to try out other people because of your arm". Ms. Stewart believes that her employer discriminated against her on the basis of her disability by failing to reasonably accommodate her and by refusing to continue to employ her, contrary to Section 16 of The Saskatchewan Human Rights Code.
Please note we have made no determination on these allegations..
We would appreciate if you would now respond to the complaint. Your written response will be used for investigation purposes and may be shared with the complainant during the course of an investigation. I am enclosing the form we provide for this purpose. In particular, it would be helpful if you could send us the following:
- A detailed response to the complaint.
- A detailed explanation of why Ms. Stewart's employment was terminated.
- A list of the duties required for the position of server.
- A list of all employees working at the [redacted] on September 11, 2010 with contact information, if available.
- A copy of Ms. Stewart's Record Of Employment.
- A list of all accommodations provided to Ms. Stewart in this workplace.
- Copies of all company policies touching on the issue of accommodating employees with disabilities.
- Any other documents that might be relevant to this complaint.
Our next course of action will be to pass the file to a mediator/facilitator to see if the parties are open to discussing a resolution to the complaint. If that fails the matter will be investigated.
We look forward to your prompt response. May we hear from you within the next two weeks? Thank you.
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