Memo to Employers: You're Screwed

This is an example of what our august federal "human rights" outfit considers to fall under the heading of "discrimination":

Andrea is a member of the Spruce Tree First Nation and has worked for the Band council as a bookkeeper and administrator for seven years. The Band council told Andrea that they would fire her because of her poor attendance, moodiness, and angry behaviour when she drinks. Andrea believed the Band council was discriminating against her on the ground of disability. She suffers from depression every September, which is the anniversary month of her daughter’s death five years ago, and she drinks when she gets depressed.

Andrea’s doctor agreed that the depression and drinking were disabling conditions. He referred Andrea to a therapist for ongoing counselling and help in finding an alcohol treatment program. The doctor also prescribed anti-depressants.

The counsellor told Andrea that her only option was a 28-day treatment program away from the reserve. Andrea worried that the Band council would not agree to her missing work for such a long time, so she made a plan with the following:

•a request for a leave of absence due to medical disability.

•a letter from the doctor explaining that Andrea suffers from a medical condition that leaves her temporarily unable to work but that medication and the treatment plan should improve her condition dramatically.

•a note from the therapist confirming that Andrea is undergoing ongoing counselling to deal with her workplace problems and angry behaviour.

•a work plan from Andrea showing how she could draw together the periodic financial reports when she returns, as long as another employee tracks the invoices, expenses and other relevant information.

The Band council accepted Andrea’s plan and are looking forward to her return to the job, back to her normal self.

Too bad Andrea works for the Band council. If it decides to get rid of her because the therapy doesn't work, she'll have a hard time complaining about "discrimination." Whereas were she working as a bookkeeper for some poor shlub who owns, say, a plumbing company, and who perhaps wasn't as understanding about her, er, "disability," she could for sure accuse him of being a bigot (and perhaps even bankrupt him as he's forced to go through the punitive, expensive "human rights" arbitration process). But don't worry. Our wondrous "human rights" Utopia is quite reasonable:

Your employer does not have to accommodate your special circumstances if it would create undue hardship for the employer. For example, a person who cannot get a driver’s license because their vision is impaired cannot be a bus driver.

To recap: the lush with anger management issues is allowed to screw up your books, mess up your business, and make your workplace a hell on earth (provided she/he belongs to a certain victim group), but Mr. Magoo can't drive the bus (unless, of course, he does have an active driver's license).

Good to know where to draw the line, eh?