The BC Human Rights Tribunal has issued a decision denying UBC’s application to dismiss a case involving employment discrimination on the basis of sex because the employee was pregnant.
The complainant, Julie Oya, who was an employee in the department of education at the time of the complaint, alleges she was denied a promotion after her employer, Dr. Blye Frank, the dean of the faculty of education, found out she was pregnant.
Tribunal member Judge Norman Trerise ultimately disapproved of UBC’s reasons for dismissal: that there is no prospect the complainant’s case would succeed at the Tribunal.
“I am of the view that the Tribunal can only choose between the two positions when they have heard full evidence and cross‐examination and have had an opportunity to assess Dr. Frank’s evidence at the hearing of this matter,” reads Trerise’s judgment.
Joey Hansen, the executive director of the UBC Association of Administrative and Professional Staff (AAPS) said AAPS, which helped file the case, was “very pleased” with the decision.
“We couldn't agree more with what that Tribunal member said when he said that the timing of Dean Frank's decision to reverse his position he was going to offer Ms. Oya a promotion is very troubling,” said Hansen.
According to the court documents, Frank had been encouraging Oya to apply for a communications position within the dean’s office.
In 2017, Frank offered Oya a job which she accepted. After writing her job description, which she and Frank agreed would be a director of communications position, the department started to conduct an internal hiring process.
But according to Oya, the department’s hiring process shifted after she told Frank that she was pregnant.
Soon after, Frank informed her the job title had changed from a director of communications to a communications strategist. The HR department then decided to move from an internal hiring process to an open call for a senior manager of communications position. Oya applied for the position but was not offered it on the basis that she did not have the right qualifications for a senior-level position.
Within the case, Oya has alleged that Frank “denied her the position she had already accepted” as well as “changed his behaviour towards her upon learning that she was pregnant.”
The respondents have denied allegations of discrimination.
The court documents state that Frank said he would be willing to accommodate Oya during her pregnancy. The respondents further stated the change from internal hiring to an open call was made by the HR department, as it was determined to be a fairer process, and the faculty faced perceptions that hiring processes had not been fair and transparent before.
The Ubyssey reached out to the university for comment but they declined to say anything further while the case is being handled by the Tribunal.
This is not the first workplace discrimination case filed by AAPS against UBC. Last year, AAPS filed eight complaints to the BC Human Rights Tribunal.
But according to Hansen, this case is especially important as most AAPS members are at an age when many people start to consider having children. He said AAPS wants to make sure their members’ careers and job security are not negatively affected if they decide to have a family.
Hansen also claims this case speaks to a broader issue within the faculty of education.
“People study education and seek to become teachers or get involved in that field often because they really like children. They probably want their own,” he said.
“And we're concerned what message gets sent when the faculty of education is essentially punishing employees for becoming pregnant. What does it say to employees? What does it say to the students?”
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