Board of inquiry finds health authority discriminated against nurse

The Nova Scotia Health Authority discriminated against a registered nurse when it revoked her conditional job offer to work at the Dartmouth General Hospital.

That's the finding of an independent human rights board of inquiry into a May 2015 complaint by Melanie Yuille.

According to the board, the authority revoked Yuille's conditional job offer when she was unable to work night shifts and change her shift rotation every few days due to her disability.

Under the Nova Scotia Human Rights Act, employers must try to reasonably accommodate the disabilities of new and existing staff provided it does not create a significant hardship on the employer's operations.

"Based on the facts of the case, it was determined that reasonably accommodating Ms. Yuille's disability would not be a hardship for the Nova Scotia Health Authority," the Human Rights Commission said in a news release. "It had provided accommodation for the disabilities of existing employees, but not for new hires. "

It also ruled that the authority's discrimination was not intentional and that shift scheduling is common in many clinical nursing units.

The board chair ordered that the authority hire Yuille and that both parties work together to ensure there's reasonable accommodation for her disability.