Sample: Complainant (Sofia Li v. ABC Trucking Inc.)


Tribunal File No.: T2000/0001

CANADIAN HUMAN RIGHTS TRIBUNAL

BETWEEN:

SOFIA LI

Complainant

and

CANADIAN HUMAN RIGHTS COMMISSION

Commission

and

ABC TRUCKING INC.

Respondent

Statement of particulars of the complainant

  1. Facts

    1. My name is Sofia Li and I worked as a full-time truck driver for ABC Trucking Inc. (ABC) from January 1, 2001 to February 1, 2012.
    2. ABC is a trucking company based in Saskatoon that transports wheat from Saskatoon to various locations across Saskatchewan and throughout Manitoba and Alberta.
    3. In 2012, ABC adopted a fitness test for truck drivers that had to be passed in order to maintain employment.
    4. The test required that truck drivers weigh less than 200 lb. be able to run 5 km, and lift up to 50 lb.
    5. I had my fitness test on January 31, 2012 at a gym in Saskatoon.
    6. On February 1, 2012, I was told by Pat Smith, the President of ABC, that I did not pass my fitness test and was being laid off.
    7. Aside from the fitness test, throughout my employment with ABC I performed my work well and had a great relationship with my colleagues and clients.
    1. Under section 7 of the Canadian Human Rights Act, I believe ABC Trucking treated me differently and refused to continue my employment because of my sex (woman).
    2. The fitness test did not distinguish between male and female test subjects.
    3. Of the 5 female truck drivers at ABC, only 1 has passed the fitness test.
    4. For the 13 years prior to the fitness test coming into force, I performed my work well, without risk to myself, my colleagues or the public.
    5. The requirements of the fitness test are not necessary for either men or women to perform the work of a truck driver satisfactorily for ABC.
    6. Due to physiological differences, most women would not pass the fitness test.
    7. Therefore, the fitness test has a negative effect on women at ABC.
    8. In my case, due to not passing the fitness test, I lost my job with ABC.
    9. After serving the company for 13 years, I was let go for something I believe is unrelated to the performance of the duties of a truck driver. This caused me to suffer from depression for the three months following my layoff.
    10. I was only able to start working again, and found another trucking job, on June 1, 2012

  3. Remedy

    1. Under paragraph 53(2)(a) of the Canadian Human Rights Act, I ask that the Tribunal order ABC to cease applying its fitness test and/or develop a new fitness test that does not a have a discriminatory effect on women.
    2. Under paragraph 53(2)(c), I ask that ABC compensate me for the wages I lost from being unemployed between February 2, 2012 and May 31, 2012. I was working full-time, earning a salary of $50,000 a year before I was laid off. I collected EI during the period I was laid off in the amount of $2000. Therefore, I’ve calculated my lost wages to be $10,500. Supporting financial documents are found in my list of documents.
    3. My layoff from ABC Trucking was hurtful given my commitment to the company for 13 years. It sent me into a depression for three months, for which I had to visit my doctor and receive medication. The only thing that brought me out of it was getting my new job. On this basis, I believe an award of $10,000 for the pain and suffering I experienced would be appropriate under section 53(2)(e). Relevant medical documents are listed in my list of documents.

  4. List of documents

    Non-privileged documents

    Document #

    Description

    Date

    1Employment Agreement between Sofia Li and ABC Trucking Inc.January 1, 2001
    2Sofia Li’s Fitness Test resultsJanuary 31, 2012
    3Sofia Li’s Record of Employment from ABC Trucking Inc.February 1, 2012
    4Sofia Li’s last pay stub from ABC Trucking Inc.January 31, 2012
    5Sofia Li’s statement of employment insurance for 2012January 1, 2013
    6Clinical notes of Dr. West regarding treatment for depression of Sofia LiFebruary 15, 2012
    7Prescription for anti-depressants from Dr. West for Sofia LiFebruary 15, 2012
    Privileged documents

    Document #

    Description

    Date

    Privilege

    1Letter from Mr. Hall, counsel for Sofia Li, to Sofia Li Re: CHRT complaintJune 1, 2012Solicitor-client privilege
    2Legal opinion from Mr. Hall, counsel for Sofia Li, to Sofia Li Re: CHRT complaintJuly 1, 2012Litigation privilege
    3Complainant’s Mediation FormMay 30, 2012Mediation privilege

  5. List of witnesses

    Name

    Summary of anticipated testimony

    Sofia LiWill testify as to her experience of being a truck driver for 13 years at ABC Trucking Inc.; her version of the events leading to the complaint; and, the resulting impacts on her and other women at ABC Trucking Inc.
    Penelope TuckerOne of five other women truck drivers at ABC Trucking Inc. at the time the fitness test was implemented. She was also laid off as a result of not passing the fitness test. Will testify as to her experience at ABC Trucking Inc.
    Dr. WestWill testify to the effects the layoff had on the Complainant’s mental health.