Question

Mr. Lane suffered from a bipolar condition, which caused mood swings from manic to depressive states. When stable he was a very capable worker, but could be very disruptive when in a manic phase. He was trained as an electrical engineer and had been employed successfully in sensitive industries in the past requiring a high security clearance. He worked for a time for Siemens but when they discovered his disorder they terminated his employment. Mr. Lane brought a complaint to the Ontario Human Rights Tribunal, which was eventually settled between the parties. He then worked for Linmor who were aware of his problem and were able to work around the disruptions. He was highly rated as a valued hardworking and productive employee.

In September 2001 Lane applied for a job at Adga, but did not disclose that he suffered from the bipolar disorder. He was hired but 10 days later he had a manic episode and was terminated immediately. Note that the level of work involved working on NATO military contracts and was quite stressful. It was also time sensitive requiring prompt performance of software development contracts. Lane brought a complaint to the Ontario Human Rights Tribunal.

1. How should the tribunal respond to his complaint?
2. What do you think should factor into the tribunal’s decision?

Answer 1

The tribunal must first investigate the matter in detail. Confirm the extent of his bipolar problem with an authorized medical practitioner. Further, confirm with Siemens and Linmor about Lane's ill-health. This must also include intensive understanding about the job at Adga which required Lane to work on sensitive projects. Then, they must ask Lane as to why he had not disclosed his bipolar problem to Adga as he had to earlier companies. Also, that hiding such an important fact from the company was a tort made by Lane to misguide Adga into hiring him for such a critical position.

The factor that must be considered into the tribunal's decision is that the tribunal intentionally hid information about his ill-health i.e. bipolar disorder from Adga. Also, that the position he had applied for required the person to be highly stable and the job was sensitive and strenuous and involved working with NATO military contracts.