B.C. health-care worker wins gender discrimination suit
Last Updated: Wednesday, September 9, 2009 | 2:07 PM PT
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B.C.'s Human Rights Tribunal ruled Ronald Morrison was denied a job at the Mountain Lake seniors care home because of his gender. (Park Place Seniors Living)A man who was rejected for a job as a health-care worker at a senior's home in Nelson, B.C., because of his gender has been awarded nearly $12,000 by the B.C. Human Rights Tribunal.
Ronald Morrison's career path took a turn four years ago when he moved to the community in the Kootenay region of B.C.'s southern Interior to help his father-in law, who had dementia.
Because of the experience Morrison, who was then 50 and unemployed, decided he would like to become a full-time residential care aide.
'I find that Mr. Morrison has made out a prima facie case of discrimination based on sex ...' — Marlene Tyshynski, tribunal member
There was no shortage of jobs when Morrison graduated from a care-aide program in Castlegar in August 2007 — the only man in his class of seven. But when he applied for a job at the extended care wing of Nelson's Mountain Lake Seniors Community he was turned down. The wing was operated by a company called AdvoCare, which operates several B.C. facilities.
Morrison did find work in another wing at Mountain Lake, but lost that job when AdvoCare took over that wing. He later found work in Cranbrook, but eventually quit that job because of the stressful 200-kilometre weekly commute from Nelson.
'Had equal or superior qualifications...'
In the ruling issued on Tuesday, the tribunal found the woman who conducted job interviews at Advocare didn't feel comfortable with Morrison, who is a tall and muscular man.
The woman also testified during the hearing that she felt harassed and intimidated when Morrison called repeatedly for an explanation for why he hadn't been hired, despite continued job openings.
Tribunal member Marlene Tyshynski found Morrison had equal or superior qualifications to others hired at Advocare, and that during the time Morrison was actively applying for work at Advocare, only women were hired as residential care aides
"It is clear Mr. Morrison met the job qualifications as a RCA … Having reviewed the ten application forms of women hired during this period, I find that Mr. Morrison was equal or superior in qualifications … I find that Mr. Morrison has made out a prima facie case of discrimination based on sex ..." wrote Tyshynski in her ruling.
Tyshynski ruled the managers relied on stereotypical gender-related assumptions to deny him a job and awarded him nearly $12,000 for lost wages for his time unemployed, travel expenses and compensation for injury to his dignity.
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