Yes, it's 2017, but gender discrimination continues to
persist in many workplaces. Discrimination in employment on the
basis of gender is contrary to human rights legislation and leaves
an employer vulnerable to liability for its wrongful conduct. This
was affirmed by a recent decision of the Nova Scotia Court of
Appeal - Nova Scotia Liquor Corporation v. Nova Scotia (Board
of Inquiry), 2016 NSCA 28.
Background
In 2009, Pearl Kelly filed a human rights complaint against her
employer, the Nova Scotia Liquor Corporation ("NSLC"),
wherein she alleged that she had been discriminated against on the
basis of gender and mental disability.
Ms. Kelly began her employment with the NSLC in 1994 as a casual
store clerk. Over the years, she received a number of promotions
and by 2003, she held the position of Class 4 store manager. She
was the first female employee to be promoted to this level.
However, Ms. Kelly's success within the organization was not
without its
