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Client Work

Morton v. Corporation of Delta Fire Department, 2016 BCHRT203

Fasken
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Client

Delta Air Lines, Inc.

Ronald Morton complains that his employer, Delta (Fire Department), has discriminated against him on the basis of disability in violation of the BC Human Rights Code. Currently accommodated by Delta for an occupational disease, Mr. Morton claims that Delta is discriminating against him by not providing him with the rank of Acting Captain while he is performing all, or substantially all, of the duties of the higher-ranked position of Fire Prevention Liaison Officer. He also complains that Delta is discriminating against him by not affording him training in fire investigations and other areas. Delta argues that  Mr. Morton’s reasonable accommodation by Delta was agreed to by both the Union and Mr. Morton, and maintains that the issue was appropriately resolved. The British Columbia Human Rights Tribunal found that the accommodation resolves the issues existing at the time of signing, that Mr. Morton received the benefits from the addendum and that it has shown to be flexible enough to be changed when circumstances change. They found that proceeding with the complaint would not further the purposes of the Code, and the application to dismiss by Delta was granted.

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