Late last month, the Alberta Human Rights Commission released a decision in a case involving a worker employed by a Lethbridge-based vape shop, who had accused the employer of discrimination.
The worker who filed the complaint with the commission claimed that she had been employed with the company as a part-time salesperson from 9 December 2021 until 24 October 2022.
The employer in question was 2307770 Alberta Ltd., which was operating as EL Vape.
In September 2022, the worker went back to school. She had been previously diagnosed with social anxiety disorder and attention deficit hyperactivity disorder, and she was having difficulty coping with her studies and workload on top of the challenges her diagnoses brought.
On 13 October 2022, according to the AHRC’s decision, the worker felt ill and told the store manager that she would not be able to come in for her shift the following day.
The manager told the worker that unless they provided a medical note, they would not be able to take the time off.
This worker managed to get the required medical note, which gave said that they should take two days off.
On the 15th, the workers asked the manager if they could take a short medical leave. The manager said they would discuss it with the store owner. Two days later, they contacted the worker to say that a meeting was set up for the 24th.
The worker attended the meeting with the store manager and the store owner on the 24th.
The meeting began with the owner asking for details regarding the request. The worker explained the situation and asked for accommodations, such as a medical leave or a temporary reduced workload.
Then, out of nowhere, the discussion took an adversarial turn, with the worker being accused of poor job performance, despite receiving “positive feedback from the respondent on [their] job performance throughout [their] time working” with EL Vape.
They accused the worker of “closing the store for 30 or more minutes during [their] shifts, [refusing] work shifts, and parking in front of the store”.
The worker asked for proof, but the store manager said they had none they could provide. Then EL Vape terminated the worker’s employment, which led to a panic attack as they left the premises.
Four days later, the worker filed their complaint with the Alberta Human Right Commission.
Cynthia Dickins, the commissioner who oversaw the decision, found that the worker’s diagnoses of social anxiety disorder and ADHD qualified as a mental disability, which is protected from discrimination.
She also found that the worker’s termination of employment constituted an adverse impact, which must be demonstrated to qualify as discrimination.
Finally, Dickins determined that there was a direct connection between the worker’s ‘mental disability” and their employment termination.
These 3 factors being established, it became clear to Dickins that the worker was fired directly because of their disabilities. Once that has been determined, the onus shifts to the respondent—EL Vape—to demonstrate that the discrimination was reasonable and justified.
However, Dickins’ decision indicated that EL Vape failed to do just that. In fact, beyond an initial response filed on 19 December 2022, EL Vape had refused to any notices or communications from the commission. As of June 2025, EL Vape’s legal counsel on record indicated to the commission that they were no longer representing the employer. Neither the store manager or store owner of EL Vape had attended any hearing in this matter.
In addition to Dickins finding that EL Vape had discriminated against this worker, she ordered that EL Vape pay the worker $20,000 “in general damages for pain, suffering and injury to dignity”, as well as judgment interest.
Hopefully the worker gets the money.
