No bias to attendance management: B.C. court (Legal view)

Program didn’t discriminate against people with disabilities, treated everyone the same
By Jeffrey R. Smith
|Canadian HR Reporter|Last Updated: 05/03/2009

The British Columbia Supreme Court has overturned a lower court decision that Coast Mountain Bus Company’s attendance management program (AMP) discriminated against employees with disabilities.

The provider of bus, shuttle and ferry service in the Vancouver area was the subject of a 2003 complaint that its AMP was discriminatory because it didn’t take into account absences that were the result of disabilities when it entered employees into the program.

Coast Mountain implemented the program because it found absenteeism among transit operators was higher than in other occupations. Once an employee was identified as having excessive absenteeism, she would have an informal meeting with her supervisor about attendance. If there was no improvement, Coast Mountain would move the employee to the first step of the program — an official letter outlining the company’s concerns.