Migraine-suffering bus driver reinstated

Conclusion that migraines are a disability not unreasonable, says Federal Court of Appeal
|Canadian Employment Law Today

A severe migraine is more than just a pain for a worker — it’s a disability that needs to be accommodated. The Supreme Court of Canada rejected an appeal by OC Transpo — Ottawa’s public transit system — leaving in place a ruling by a human rights tribunal that it should have taken steps to accommodate a bus driver.

Francine Desormeaux was hired by OC Transpo as a bus driver in 1989. Her attendance record was less than exemplary. Over a nine-year period she missed 365 full days, and 24 partial days, because of health problems. Of that time about 57 full days, and 11 partial days, were attributable to headaches. Desormeaux was eventually fired on Jan. 30, 1998, for chronic innocent absenteeism.

Migraine headaches a disability, says human rights tribunal