December 17, 1985 - Theresa O'Malley

Human Rights a Day

Seventh Day Adventist Theresa O'Malley wins the right to take Saturdays off. Theresa O’Malley worked in ladies’ wear for the Simpsons-Sears department stores in Kingston, Ontario for a number of years. In October 1978, she joined the Seventh Day Adventist church, which requires strict observance of their Sabbath from sundown Friday until sundown Saturday. In 1978, retailers made most of their money between Thursday and Saturday nights, so O’Malley was told she would lose her full-time status and most of her benefits if she insisted on not working Saturdays. She complained to the Ontario Human Rights Commission, and after years of litigation, on December 17, 1985, the Supreme Court of Canada sided with her, stating that Simpsons-Sears had discriminated against her based on her creed (belief, faith). The retailer’s policy that employees work most Friday nights and Saturdays applied equally to everyone, but even so, its effect was discriminatory on O’Malley, the court ruled. The impact or effect is more important that the intention, the justices further explained, when it comes to protecting human rights. The retailer would not have suffered “undue hardship” in giving her different shifts or finding her a different role, the court added. This decision overturned the rulings of two other Ontario courts.