A recent Alberta Human Rights Tribunal decision involving Imperial Oil serves to highlight an important “tool” that employers can use when it comes to discrimination complaints despite a “fair and reasonable” offer.

The employee, a 47-year-old man with attention deficit hyperactivity disorder (ADHD), filed a complaint with the Tribunal alleging that his employer, Imperial Oil, had discriminated against him on basis of mental disability and physical disability, in violation of section 7 of the Alberta Human Rights Act.

The director of the tribunal dismissed the claim, so the employee appealed that decision, but it was also rejected by the tribunal panel.

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