Lawyer awarded $100,000 by B.C. Human Rights Tribunal for discrimination
Lawyer awarded $100,000 for law society’s discrimination
Scales of justice.
Photograph by: Vancouver Sun files, .
VANCOUVER -- Lawyer Peter Mokua Gichuru has been awarded almost $100,000 after the B.C. Human Rights Tribunal found that the Law Society of B.C. discriminated against him because he suffered from depression.
Tribunal member Tonie Beharrell concluded that Gichuru suffered the first instance of systemic discrimination when he applied for temporary articles from the society as an articling student with a short-term government job and had to answer a question about whether he had any mental health problems.
The question read: “Have you ever been treated for schizophrenia, paranoia, or a mood disorder described as a major affective illness, bipolar mood disorder, or manic depressive illness?”
Gichuru answered in the affirmative.
He had suffered bouts of depression for almost five years when he applied in August 1998 for temporary articles with the Ministry of Attorney-General and had taken anti-depressant medication at times.
Gichuru testified he took anti-depressants the entire time that he worked for the ministry (September to December 1998) and that his symptoms did not really start to improve until early 1999.
At the time, his doctor recommended Gichuru stop taking the medication, which he hasn’t taken since, despite further symptoms.
In the second instance, in 2002, Gichuru secured an articling position with the law firm Howard Smith and Co. He was then required to complete an application form to be accepted into the Law Society Admission Program, which also contained the question about any mental health problems.
He testified that it quickly became clear that his articles were being delayed because of his answer, which caused tension in his relationship with the principal of the law firm.
Gichuru’s job with Smith ended April 30, 2002. Gichuru and Smith had different views of the events leading up to the termination, which is the subject of litigation between them.
Gichuru subsequently had difficulty finding another articling position.
The tribunal did not accept Gichuru’s assertion that the law society’s actions “destroyed his career” or caused a permanent or significant impairment in his earning capacity, but did conclude that he had established some loss of income as a result of the law society’s action.
The tribunal also found that while the law society acted in good faith to determine the medical fitness of the applicant to practise law, it went beyond what was necessary.
After consulting with the University of B.C. faculty of medicine, the law society changed the question on its application form and has changed its policies and procedures.
Gichuru eventually became a lawyer on Sept. 24, 2004, but has not yet practised, the tribunal decision said, noting he pursued a number of legal actions, including a lawsuit against the Prado Cafe on Commercial Drive over noise from the café causing the loss of peaceful use and enjoyment of his adjacent residential premises (he lost that suit earlier this year).
The tribunal ordered the law society to stop its discriminatory conduct and to pay Gichuru $42,993 for loss caused by a 10-month delay in his call to the bar; $26,810 for lost wages after he was called to the bar; and $25,000 for injury to his dignity, feelings and self-respect.
The tribunal also ordered the law society to pay interest on the awards, which included another $3,155 compensation for expenses incurred during the tribunal hearing.
Gichuru had been seeking compensation of $947,499 for future wage losses to his expected date of retirement.
The Canadian military requires a physical exam and psychological testing but the results are confidential.
Vancouver RCMP Sgt. Rob Vermeulen said Monday that new recruits must undergo rigorous testing, including a full medical and psychological exam.
The U.S. Centres for Disease Control says on its website that depression is the leading cause of absenteeism and productivity loss in the workplace.
The full decision is online: http://bit.ly/ndnd4O
more:http://www.vancouversun.com/health/Lawyer+awarded+Human+Rights+Tribunal+discrimination/5120586/story.html#ixzz1Sbyn60ST
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