An Employment Law question

Hard-of-hearing student files Human Rights complaintagainst Memorial University
CBC News · Posted: Sep 18, 2015 8:15 AM NT | Last Updated: September 18, 2015
https://www.cbc.ca/news/canada/newfoundland-labrador/hard-of-hearing-student-files-human-rights-complaint-againstmemorial-university-1.3232555
Figure 1:MUN student, William Sears has a hearing disability. He’s upset that one of his professors, Ranee Panjabi refused to wear a
sound-transmitting device during a lecture due to religious beliefs.
William Sears, the St. John’s university student who was forced to drop a course because the professor
refused to wear a sound-transmitting device, has filed a complaint against Memorial University with the
Newfoundland and Labrador Human Rights Commission.
Sears filed the complaint Friday afternoon. The university will be served the complaint on Monday.
Once the complaint is served, mediation can begin.
Sears, 20, a third-year history major at Memorial University, told CBC News earlier this week that
Professor Ranee Panjabi would not wear an FM transmitter system that he needs to hear what’s going
on in the History of Espionage course he was enrolled in.
Sears said Panjabi cited religious reasons when explaining why she wouldn’t accommodate the
student. In a similar incident in 1996, Panjabi — who has declined CBC’s interview requests this
week — said that wearing the device would confict with her Hindu beliefs.
1
“I don’t really feel that her refusal on religious grounds were genuine, I felt it was more of an excuse to
not wear the FM system,” Sears said in an interview.
“I really wanted to do that class, it was of personal interest to me and now I can’t so it’s stressful.”
Memorial University revealed Thursday that an agreement struck with Panjabi in 1996 means the
professor does not have to wear an FM transmitter to accommodate students with hearing impairments.
However, the university said current officials only learned of the 19-year-old accommodation on
Wednesday. MUN now says it regrets the situation and is examining the original agreement.
“We are exploring a range of accommodations to meet the needs of the student while respecting the
rights of the professor teaching the class, including new communications technologies for hearing
impaired students, examining alternative ways to deliver the academic content of the course, as well
as other options,” said deputy provost Cecilia Reynolds in an open letter.
“Considering it has been almost 20 years since the original accommodation agreement with the
professor was made, we are examining the agreement,” she wrote. “We are also taking steps to ensure
a student does not undergo a similar experience in the future.”
Sears is not satisfied with the university’s response and is calling on MUN to discipline Panjabi.
Morgan Sears, his sister and a fellow student at Memorial, said she and her family will do whatever it
takes so it doesn’t happen again.
“I just want this to be better for him, I want this to be better for any else who comes after him,” Morgan
Sears told CBC News Thursday.
“Religious rights are a human right as well and I’m not discrediting that at all but once they become a
hindrance to someone else’s basic human rights such as the ability to obtain an education, then I think
they should take a step back.
“This is her job. She is being paid to do this. Once she walks through the doors of Memorial, her religion
should not have an effect on the students that she teaches.”
2
For the purposes of interpreting the law, assume the scenario is occurring in Ontario, Canada.
Explain your logic in answering each one of these questions, also include a reference from the
textbook’s (‘Employment Law’ for Business and Human Resources Professionals revised fourth
edition, Kathryn J. Filsinger) content.
1. Referring to the article, summarize the article and outline the main facts (mention five strong
points)
2. Referring to the article, discuss the purpose of Human Rights legislation and its importance
for workers. Since human rights are the source of the complaint, indicate which prohibited
ground the individual is challenging and make the connection (five strong points)
3. Referring to the article, do you agree with the complainant that this issue is of concern to the
employer? Do you think that this complaint would be successful under the law? Explain using
the human rights legislation. Your explanation must align with a proper understanding of the
human rights legislation rather than just your opinion without being based on the legislation
and its purpose. (five strong points)
4. Referring to the article, if, as a Human Resources Professional working for the organization,
you decided to address this complaint or if you were ordered to do so by an adjudication, what
steps would you take in the workplace/organization? Mention the legal terminology that relates
to your approach. (five strong points)