4—- Wednesday, December 11, 1996 — North Shore News

Receptionist
ponders return
to realty firm

By lan Noble
News Reporter

A North Vancouver
mother recently won a
sex discrimination case
against her former
employer.

But the victory handed
down by the British Columbia
Council of Human Rights has
left Michaela Armstrong, who
was pregnant when she was
fired by North Vancouver-
based Re/Max Crest Realty in
June 1994, in a quandary.

Does she go back to the
company that tired her?

In addition to $9,412, the
council ordered Crest Realty
to give Armstrong, a former
receptionist, the option of fill-
ing the next open suitable job.

“[ liked the job but I have
to feel how I would be treat-
ed,” she said when asked if
she would return.

Good jobs are hard to get,
she said. “J definitely feel like
this was somewhere I could
move around and move up.”

Since the 1994 incident
that led to her firing, Crest
Realty has new ownership.

According to new owner
John Lichtenwald, former
owner Barry Jackson said he
would look = after the
Armstrong case.

“If we are responsible to
hire her back we would have
to look at that,” Lichtenwald
said.

Jackson is now in Mexico,
Lichtenwald added.

According to court docu-
ments, Crest Realty denied
that it fired Armstrong in ihe
summer of 1994 because she
was pregnant. Instead, Crest
Realty argued that Armstrong,
was dishonest about her abili-
ty to work on a long-term
basis and that it was an oceu-
pational requirement that she
work continuou ily for one to
two years without taking an
extended leave.

Cours documents state
that Armstrong was never
asked if she was pregnant dur-
ing the interview process for
the receptionist job. But Crest
Realty stressed the successful
job applicant would have to
commit to the receptionist
position on a long-term basis
because of the previous high
turnover and need for good
client relations.

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At the time of the inter-
view, Armstrong was approxi-
mately 10 weeks pregnant.
However, her doctor advised
her not to discuss her 7
nancy because he expected
Armstrong to have a miscar-
riage. Armstrong got the job
June 20. By June 23 Jackson
had fearned Armstrong was
pregnant.

Four days later, she was
fired. The counci! found that
Armstrong's pregnancy was
one factor contributing to her
firing, making the case one of
discrimination.

In addition, the council
found Armstrong had not
been deceitful to the employ-
cr or breached any duty of
good 4ith by not telling her

ns rights case

employers she was pregnant.

Secause her baby was not
expected to be carried to full
term, if wasn’t unreasonable
for Armstrong to believe she
could make a two-year com:
mitment, said the council.

The council said hiring a
temporary employee in
Armstrong’s absence would
not have been an “undue
hardship” for the company.

Crest Realty was ordered
to pay $2,500 compensation
for injury to dignity, feelings
and self-respect. and $6,912
for lost wages.

The council also ordered
Crest Realty to give Armstrong
a one-time-only right of first
refusal for similar jobs that may
come up in future.

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