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ACCOMMODATING DISABILITY to point of UNDUE HARDSHIP: Granite Club hit by $ 35 K compensation Order 2023/01/29 16:42  
not legal advice, as usual

Governancers respectfully might do well to review with counsels a December 2022 HRTO Ontario Human Rights Tribunal Order involving an autistic minor.

That's after a 2020 incident between users of facilities ( or ? aspects of alleged disturbances ? ) where involving a minor's mental disability. What credibly was an innocent misunderstanding, possibly could have become a positive learning experience for all.

But instead it looks like pressure to placate an angry, adamant complainant – threatening to call police - appears to have led in March 2020 the respondent Granite Club to order totally barring the 17 year old from the locker rooms unless accompanied by a “caregiver”.

The minor's guardians are described to have engaged positively with management. They argued that such a caregiver requirement was unjustified, stigmatizing, developmentally harmful and even a Rights Code violation as to the provision of "services".

Were they right ?

NOW on the factuals held here by HRTO such caregiver requirement here actually constituted a Rights violation for failure to "accommodate up to the point of undue hardship". The interesting rationale & ruling came months after 11 days of hearings - both sides with expert witnesses & counsels - over the first quarter of 2022.

Whatever the huge costs incurred by both sides for this complex face-off, HRTO ordered the service provider to pay compensation of $35 K for the overkill.

And to carry out accommodations more appropriate to the unique disabilities of the minor. Those roughly follow what the guardians had urged in 2020.

It is sad to consider that simple physical aspects arguably set up a trigger for the 2020 incident itself and perhaps could have served the autistic minor's needs better. And avoided huge costs & input ?

NJ v. Granite Club(2022)HRTO 1455 issued Dec 16/22

- Jan 28/23 ToStar “A ‘wake-up call’ : Toronto’s elite Granite Club discriminated against autistic member, Human Rights Tribunal finds” discriminated-against-autistic-member-human-rights-tribunal-finds.html

- with comments : Jan 28/23 blogTO “ Members–only Granite Club in Toronto ordered to pay $ 35 K for mistreatment of man”
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