Ontario (Human Rights Commission) v Simpsons-Sears Ltd

Ontario (Human Rights Commission) v Simpsons-Sears Ltd, [1985] 2 SCR 536 is a leading decision by the Supreme Court of Canada, which first acknowledged the existence of indirect discrimination through conduct that creates prejudicial effect.

Ontario (Human Rights Commission) v Simpsons-Sears Ltd
Supreme Court of Canada
Hearing: January 29, 1985 Judgment: December 17, 1985
Full case name	Ontario Human Rights Commission and Theresa O'Malley (Vincent) v Simpsons‑Sears Limited
Citations	[1985] 2 SCR 536
Docket No.	17328
Ruling	OHRC appeal allowed
Court membership
Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest
Reasons given
Unanimous reasons by	McIntyre J

Background

Theresa O'Malley was a Seventh-day Adventist who was employed by the retailer Simpsons-Sears. As part of her religion, she was forbidden from working from sundown on Friday to sundown on Saturday. There were no full-time shifts available that did not require work on Friday and Saturday and so the company terminated her employment.

Simpsons-Sears argued that by requiring all its employees to work Fridays and Saturdays, it was not intentionally trying to discriminate against her, but it was a neutral requirement it imposed on all employees.

The issue before the Supreme Court was whether the requirement for all employees to work on Friday and Saturday was discriminatory against her religion.

Decision

McIntyre J, writing for a unanimous Court, held Simpons-Sears had discriminated against O'Malley. Despite the reasonable basis for the requirement, the company had not tried to make any changes to the work schedule to accommodate O'Malley's religious requirements.

See also

• Central Okanagan School District No 23 v Renaud

External links

• Full text of Supreme Court of Canada decision at LexUM and CanLII