The chair of the B.C. Human Rights Tribunal, Heather MacNaughton, has ruled that Norex Civil Contractors discriminated against a Metro Vancouver man on the basis of his physical and mental disability.

However, the complainant, Chris Mills, will not receive any money because he did not seek a financial award for Norex’s violation of the B.C. Human Rights Code.

“His treatment in that employment was discriminatory in breach of the Code and, had Mr. Mills sought compensation for injury to his dignity, feelings, and self-respect, I would have awarded him such compensation,” McNaughton wrote in her decision, which was posted on the tribunal's Web site today (March 9).

Her ruling noted that Mills filed his complaint because he wanted to broaden public awareness of discrimination against people with disabilities in the workplace.

MacNaughton added that Mills didn’t want what happened to him to occur to anyone else.

She dismissed his complaint against the owner of Norex, Carey Reutlinger, because  MacNaughton couldn’t infer from the evidence that he played any role in the firing of Mills.

The decision describes a remarkable turnaround on the part of Mills. He suffers from Marchiafava-Bignami, which is a brain  condition caused by alcoholism and poor nutrition. After his injury, which was caused by nearly drinking himself to death, Mills was unable to walk, talk, read, or write.

His doctor, William Rozecki, wrote a note describing his recovery as miraculous. MacNaughton added that it was “one of the most remarkable success stories he had seen”.

Two years later,  Mills was ready to return to the workforce, though his gait is affected and he speaks slowly and precisely.

He began doing various volunteer work, including a stint at the Surrey Pre-Trial Centre where he helped inmates who were addicted to drugs and alcohol.

One of Mills’s first paying jobs after his injury was as a groundperson with Norex at the Thunderbird Arena at UBC.

He was hired in September, 2006, but the next month he was fired. “He was told he was not wanted on the site and must leave,” MacNaughton wrote in her decision.

At an October 19 meeting at the Norex works yard in Richmond, a site superintendent told Mills he was fired because of his disability, according to MacNaughton’s ruling.

“Other employees on the job site had apparently been uncomfortable having Mr. Mills on the site,” she noted.

Mills declared that this was discriminatory because the company knew about his disability.  After he  said he had seen  a lawyer, he  was then offered work as a yard manager at the Richmond location.

On February 1, 2007 he was terminated. The next day, a union was certified.

Mills claimed that he was fired before he could avail himself of the union’s protection.

He also told the tribunal that he “felt he was ”˜treated like an idiot’ and discounted because of his disability despite his hard work, regular attendance, and efforts to do a good job”.

After Norex fired him a second time, he applied for 20 positions without success before returning to school.

“He is currently employed on a full-time basis as a certified forklift driver and is proud of the fact that he is not in receipt of government assistance,” MacNaughton wrote.

She noted that the company made no effort to accommodate Mills’s disability and there was no suggestion that he was incapable of fulfilling his duties.

Mills argued the case on his own behalf. Norex and Reutlinger did not appear before the tribunal to defend themselves.