Worker Can’t Sue Supervisors for Not Accommodating Her Latex Allergy
A city worker with a latex allergy sued 3 of her supervisors for disability discrimination and claimed they targeted her for elimination when she complained about the latex balloons in the office. Under the Human Rights Code, workers who think they’ve suffered discrimination can sue their employers but not the individuals working for the organization who are carrying out their job duties. Exception: Such suits are allowed if the worker can prove that holding the individual defendants personally liable would advance the purposes of the Code. While not judging the merits of her case, the Human Rights Tribunal said the worker didn’t meet the purposes of the Code test, dismissed the claims against the supervisors and advised the worker to sue the employer instead [Klewchuk v. City of Burnaby and others, 2018 BCHRT 200 (CanLII), Aug. 21, 2018].