The Prince Edward Island Human Rights Commission held a Panel Hearing on March 10, 2000, their first since amendments to the Human Rights Act changed the Board of Inquiry process to a Panel Hearing system. Louise Comeau, Commissioner, Prince Edward Island Human Rights Commission, was the Commission Panel.
The Complainant, Mary Taylor, filed a Human Rights Complaint on November 18, 1998, against Testori Americas Corporation alleging that she was discriminated against in the matter of employment on the basis of sex (pregnancy). Ms. Taylor alleged that she was laid off from her employment due to her pregnancy and that she was denied health benefits during maternity leave. Testori Americas Corporation denied the allegations of discrimination.
The Commission Panel found that there was no discrimination in the lay-off, but found the employer's failure to provide health benefits to Ms. Taylor during her maternity leave was discrimination contrary to section 6(1) and 1(d) of the Human Rights Act. The employer's policy of excluding pregnant employees, on leave, from insurance benefits discriminated against Ms. Taylor on the basis of sex.
The Commission Panel ordered Testori Americas Corporation to reimburse Ms. Taylor $375.86 for medical expenses that would have been paid under the company's group policy of insurance. The Commission Panel further ordered Testori Americas Corporation cease its practice of excluding pregnant employees on maternity leave from the group insurance policy and pay Ms. Taylor the amount of $1,200.00 for hurt and humiliation.