Be Sure to Take Some Pepto-Bismal When You Visit Canada

The Canadian Human Rights Commission is always finding new and interesting rights (while ignoring other rights like free speech). A recent decision should give traveler's pause as they consider a trip up north. First, the facts of the case (h/t Mark Steyn):

Facts
Beena Datt started working at McDonald’s within three months of moving to Canada in 1981. After working at the same restaurant for 20 years, she developed a skin condition. As a result, over the next three years, she was unable to work for long periods of time. She was on disability benefits and unsuccessfully attempted to return to work three separate times. She tried various treatments as well as working with gloves, but nothing helped. She was always eager to return to work.

Ms. Datt’s doctor eventually stated that she couldn’t work in a restaurant. McDonald’s then terminated her employment.

McDonald’s argument
To support the termination, McDonald’s argued that:

it has strict hand-washing policies to meet health and food safety requirements;
restaurant employees work as a team, and all positions must help out as needed;
it had accommodated three lengthy absences and return-to-work attempts;
and the employee’s own doctor had determined that she couldn’t work in a restaurant.

McDonald’s claimed that it had therefore met its duty to accommodate Ms. Datt and that the termination wasn’t in breach of the B.C. Human Rights Code since allowing her to come back to work would cause them “undue hardship.”

The tribunal ruled against McDonald's citing a number of reasons, but I found this one especially interesting:

There was no evidence of:

the relationship between food contamination and hand-washing;

the risk to the public if Ms. Datt’s hand-washing was limited; and

other employees being adversely affected by Ms. Datt’s limitations.

Makes you salivate at the thought of a meal in a Canadian restaurant, eh?


Both of my kids are going to Calgary in July with the Mission Viejo High School Marching Band to compete at the Calgary Stampede. I think we'll pack some extra stomach medicine (not to mention some hand sanitizer).