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ARTICLE · 23 AUGUST 2021

"Breathing Issues" Resulting From Wearing A Face Mask Does Not Amount To A Protected Disability

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On April 5, 2021 and April 11, 2011, we published articles reporting on the Tribunal's first two decisions dealing with allegations of discrimination in the context of mandatory face mask requirements.

CanadaEmployment and HR
Dianne Rideout
Dianne Rideout
Michelle McKinnon
Michelle McKinnon
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On April 5, 2021 and April 11, 2011, we published articles reporting on the Tribunal's first two decisions dealing with allegations of discrimination in the context of mandatory face mask requirements. As noted in our articles, in both cases the Tribunal dismissed the complaints prior to filing on the basis that the facts alleged could not constitute a violation of the British Columbia Human Rights Code (the "Code").

On August 19, 2021, the Tribunal published the decision of Rael v. Cartwright Jewelers and Another, 2021 BCHRT 106, where it once again dismissed a complaint of discrimination in the context of a mandatory mask policy. The Tribunal dismissed the complaint on a preliminary basis and without a hearing, pursuant to s. 27(1)(b) because the complaint did not allege facts that could contravene the Code.

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