Alberta technical college ordered to pay former teacher who was fired for pregnancy
A human rights commission has ordered the Alberta Pipe Trade College to pay $35,000 to a former instructor who was fired because she was pregnant.
The decision from the Human Rights Tribunal of Alberta said the technical college in Edmonton did not try to accommodate Branka Turnbull's pregnancy in the male-dominated workplace and instead immediately terminated her.
“I got tears in my eyes. I cried,” Turnbull said in an interview Friday.
“I was just overjoyed and I couldn't believe that I could turn a chapter on this journey. ...There was vindication.”
Turnbull had been an instructor at the college for two years when she became pregnant in 2013. She said she was passionate about teaching in the trades and was proud of her position.
The tribunal's decision, released earlier this month, said Turnbull's pregnancy was high-risk and her doctor advised that she'd need some changes at work, including a change in hours because of severe morning sickness. The doctor also advised she should avoid too much heavy lifting.
A colleague at the college told Turnbull to speak with the department head Jack Johnston, who had the authority to make those types of decisions. At a meeting later that day, Turnbull told Johnston she had a medical issue and would need the accommodations directed by her doctor.
After a brief discussion, Turnbull and Johnston agreed to meet again the next morning to continue the conversation.
However, the decision said, the next day when Turnbull showed up for the meeting she was instead informed that her employment was terminated.
“My happiest moment in my life was taken away from me in their decision to dismiss me so callously,” Turnbull said.
Kathryn Oviatt, the tribunal chair, wrote in her decision that the dismissal happened in the context of “a poor working relationship” between Johnston and the Turnbull because she had previously alleged sexual harassment against another colleague.
“The complainant worked in a male-dominated workplace where she felt unsupported,” Oviatt said.
“And her direct report to whom she requested accommodation was the same person who did not address to her satisfaction previous sexual harassment allegations.”
The tribunal did not make findings on the allegations of sexual harassment.
Chris Waples, the current director of education at the Alberta Pipe Trade College, said he would not comment on the decision. He said the matter is now with the college's legal counsel.
The college argued Turnbull was fired because the requests were an unreasonable burden and would cause undue hardship.
Johnston told the human rights tribunal that Turnbull had not said her medical issue was a pregnancy, which she disputes. But, Johnston conceded, he didn't inquire further what the condition was or get more details about the accommodations Turnbull would need.
Oviatt said a “medical condition” could relate to several protected grounds, including physical disability, mental disability and, as in Turnbull's case, gender.
“The fact that the respondent did not know exactly what protected ground the medical condition related to does not insulate it from liability for discrimination when it knew that a protected ground was involved and decided to terminate her because she asked for accommodation,” Oviatt said.
The impacts on Turnbull were severe, the decision said. Right after she was fired, she was so distressed she couldn't breathe and had to seek medical treatment.
Oviatt wrote in her decision that the discrimination deeply affected Turnbull's self-respect, dignity, self-esteem and confidence.
“The trauma and distress that the complainant experienced was palpable in the hearing, even many years after the events.”
Turnbull said the last eight years have been extremely difficult and she no longer teaches in the trades. She credits her husband and family for providing her support.
Turnbull said she was motivated to continue with the human rights complaint over many years to ensure other women in the trades, especially her former students, wouldn't have to deal with the same situation.
She also wanted to ensure the male-dominated industry knows that it's important to respect people's rights.
Turnbull said now that she's been vindicated, she wants to enjoy life and be happy with what she has.
“To not focus on what I lost and focus on the future and hopefully that I've made a difference, not just women but other people.”
This report by The Canadian Press was first published Oct. 15, 2021.
CTVNews.ca Top Stories
'Still so much love between us,' Sophie Gregoire Trudeau says of Prime Minister Justin Trudeau
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
Pro-plastic lobbyist presence at UN talks is 'troubling,' say advocates
Environmentalist groups are sounding the alarm about a steep increase in the number of pro-plastic lobbyists at the UN pollution talks taking place this week.
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
$70M Lotto Max winners kept prize a secret from family for 2 months
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Trump's lawyers grill ex-tabloid publisher as 1st week of hush money trial testimony nears a close
After prosecutors' lead witness painted a tawdry portrait of “catch-and-kill” tabloid schemes, defence lawyers in Donald Trump's criminal trial on Friday sought to dig into an account of the former publisher of the National Enquirer and his efforts to protect Trump from negative stories during the 2016 election.