Alberta Human Rights Tribunal Dismisses Complaint Against Connected Media Inc.

The Alberta Human Rights Tribunal has dismissed a complaint against Connected Media Inc., filed by a former employee, Meredith Kerr, on the grounds of insufficient evidence to support allegations of discrimination. The complaint, which claimed the employee was discriminated against due to pregnancy, was found to lack a direct connection between the pregnancy and the subsequent layoff.

On May 14, 2024, the Tribunal released its ruling and concluded that Connected Media Inc. acted within legal and ethical boundaries when it decided to lay off the employee. The primary reason for the layoff was determined to be the company’s financial constraints, not the employee’s pregnancy.

Background and Employment History

The complaint, lodged on July 2, 2021, involved Kerr, a former St. Paul reporter, who started working for Connected Media Inc. on September 8, 2020.

The complainant was brought onto the company at a time of expansion. She was the last hired in a series of 14 staff members, which included six new remote reporters. Before the expansion, Connected Media Inc. employed one head office (Bonnyville) reporter.

The company experienced financial restraints shortly after expanding due to government lockdowns and mandates. This resulted in a series of layoffs that began in November of 2020.

In late 2020, the complainant disclosed her pregnancy to the CEO. Shortly after that, in early 2021, the Bonnyville reporter left the company, and a new reporter was hired for Bonnyville in April 2021. Around the same time, Connected Media Inc. experienced additional financial difficulties due to investor withdrawals and further government lockdowns and mandates.

Events Leading to the Layoff

On April 14, 2021, the complainant was asked if she could start her maternity leave early to avoid layoffs. The complainant suggested reducing her role instead. However, by late April, the company’s financial situation worsened, leading to the layoff of all remote positions, including the complainant’s.

Tribunal’s Analysis

The Tribunal applied the Moore Test for prima facie discrimination, examining whether the complainant’s pregnancy was a protected characteristic under gender, if there was an adverse impact (layoff), and if there was a connection between the pregnancy and the layoff.

Early Maternity Leave Request

The Tribunal found that the early maternity leave request was a respectful discussion and had no negative consequences for the complainant. The CEO’s husband, who made the request, was not acting in an official capacity for the company during the call.

Layoff Decision

The Tribunal concluded that the layoff resulted from financial constraints and a shortage of work, which were documented and corroborated by the withdrawal of investors. The company laid off six employees over the course of two days, including the complainant and all remote employees. The timing of the layoff, shortly after the maternity leave discussion, was deemed coincidental and not directly related to the complainant’s pregnancy.

Conflicting Testimonies

The Tribunal assessed conflicting testimonies from the complainant, who asserted that her pregnancy was cited as a reason for the layoff, and the respondent, including the CEO and HR Advisor. The HR Advisor testified at the tribunal, confirming that no such statements were made and denying any discriminatory remarks. The Tribunal found the respondent’s position and documented evidence more credible.

Conclusion

The Tribunal determined that the early maternity leave request did not adversely impact and that financial and operational needs drove the layoff. As a result, the complaint of discrimination under the Alberta Human Rights Act was dismissed.

This ruling reaffirms Connected Media Inc.’s commitment to fair employment practices and underscores the importance of thorough documentation and transparency in business operations.

The Tribunal’s ruling can be found on the Canadian Legal Information Institute Website: Kerr vs. Connected Media Inc. 2024 AHRC 76