Blind Ontario Man Wins $28K After Discrimination Case Ruling

UPDATE: A blind man from Ontario, Erik Burggraaf, has been awarded over $28,000 in compensation following a ruling by the Human Rights Tribunal of Ontario (HRTO) for facing discrimination during the hiring process. This decision, announced on October 17, has significant implications for workplace equality and disability rights across Canada.

Burggraaf, who has been blind since birth and resides in St. Catharines, Ontario, claimed that Convergy (now merged into Concentrix) failed to provide necessary tools, such as a Braille display and screen-reading software, during his 2017 job interview for a sales associate position at their Welland call center. “It was a real joy to read the decision, honestly,” Burggraaf expressed, highlighting the relief and validation he felt from the ruling.

For nearly a decade, Burggraaf faced numerous rejections while applying for jobs. His experience with Convergy seemed promising until he received a voicemail stating they could not accommodate his needs. The HRTO found this decision discriminatory, emphasizing that the employer did not explore alternative solutions to meet Burggraaf’s requirements, as mandated by human rights laws.

“Accordingly, the respondents’ decision not to hire the applicant as a result of his blindness is discriminatory under the Code,” stated HRTO adjudicator Romona Gananathan.

As part of the ruling, Burggraaf was awarded $20,000 for injury to dignity, feelings, and self-respect, along with $8,472 for lost wages. Furthermore, the tribunal ordered Concentrix to develop new human rights and accommodation policies specifically addressing the hiring of blind applicants, particularly during the interview process.

The decision sheds light on a broader issue: the unemployment rate for Canadians with disabilities remains alarmingly high, at 8.1% compared to just 5.6% for those without disabilities. David Lepofsky, a blind disability advocate and retired lawyer, emphasized the urgent need for systemic change. “The unemployment rate facing Canadians with disabilities is not only a national crisis, it’s a national shame,” he stated.

Burggraaf hopes that his experience will encourage others facing discrimination to speak up. “What I want people to do is to talk about it and to bring these types of things forward,” he said, underscoring the importance of advocacy in changing workplace dynamics.

The ruling, while a victory for Burggraaf, highlights the ongoing struggles many individuals with disabilities face in securing employment. As the conversation continues, it is essential that employers assess their practices and ensure they are inclusive and accommodating for all candidates.

As of now, the former Convergy call center in Welland has been closed since 2018. The case has sparked renewed discussions about the rights of disabled individuals in the workforce and the need for immediate changes in hiring policies across Canadian companies.

Stay tuned for more updates on this developing story as Burggraaf’s case could pave the way for further legal actions regarding disability rights in the workplace.