Bottom Line
The Human Rights Tribunal of Ontario (the "Tribunal")
found that an employer violated the Ontario Human Rights
Code (the "Code") when the employer concluded,
without evidence, that an employee was unable to perform the
essential duties of his position after hip replacement surgery.
Employee sought to return to work gradually after hip
replacement
The employee was working as a maintenance technician at the
employer's Hamilton steel mill when he underwent hip
replacement surgery due to osteoarthritis. Approximately six months
after the surgery, the employee's medical practitioners cleared
him to return to work, albeit gradually, until he could undergo
surgery to his other hip.
