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KAMLOOPS — A Kamloops woman who says her mental disability wasn't taken seriously by her employer, the B.C. Lottery Corportation, will be able to take her claim to the B.C.’s Human Rights Tribunal.

It turned down a request from the B.C. Lottery Corporation to throw out a complaint from a former employee who alleges the company did not accommodate her mental disability.

Suzanna Fiorenza was employed by the B.C. Lottery Corporation as a customer service representative. Her job required her to communicate with customers over the phone, through online chats and emails to resolve problems, according to a tribunal decision released yesterday, Aug. 8.

Fiorenza filed a complaint against the B.C. Lottery Corporation  after it allegedly discriminated against her from August 2016 to March 2017 based on a mental disability. She alleges the B.C. Lottery Corporation failed to accommodate her disability which ultimately led her to leave her job.

She alleges the company did not address her concerns in a timely fashion and harassed and reprimanded her for failing to perform her duties as a customer service representative. The B.C. Lottery Corporation denies discriminating and applied to dismiss Fiorenza’s complaint.

In March 2016, Fiorenza was granted medical leave from the B.C. Lottery Corporation after suffering from a panic reaction related to her work. In August 2016, she was no longer considered disabled and her employer told her to return to work.

Fiorenza provided a doctor’s note that recommended shorter shifts and no telephone contact because that was what originally triggered her panic reaction. In September 2016, Fiorenza returned to work and the B.C. Lottery Corporation modified her duties according to her doctor’s note, the decision says.

An employee from the company’s human resources department asked Fiorenza to provide a more detailed doctor’s note asking for more medical information including restrictions, limitations, prognosis, estimated full return to work date and a treatment plan.

In October 2016, Fiorenza provided another doctor's note that stated she could increase her hours but was still unable to engage in telephone work. The human resources employee again requested a more detailed medical note.

The next month, Fiorenza provided a doctor’s note that indicated she was still unable to talk on the phone and it was unknown when she would be able to return to that type of work. Her doctor also stated it was possible she may never be able to return to that type of work.

Later that same month, Fiorenza applied for an accounting position within the same company. She applied because she felt her mental health was deteriorating and she was not performing well in her customer representative position. A human resources employee requested to speak with Fiorenza about the position in person but she did not respond and Fiorenza was not chosen for the role.

The decision points out in 2014, Fiorenza had applied for the accounting position she sought in 2016 but refused the offer for personal reasons. The company says the finance department was different then and although Fiorenza did not meet the requirements there were staff who could mentor her in 2014. When the department was restructured in 2016 and 2017 there was no one who could train her and the position required a qualified person for that role.

The accounting technician position was given to a senior employee whose position had been eliminated while he was on medical leave, the decision says.

In January 2017, Fiorenza met with her team leader and department manager. Fiorenza says she was told she was performing poorly and that she should go find employment outside of the B.C. Lottery Corporation.

The company denies making any of those comments or that Fiorenza received any reprimand during that meeting.

The company says Fiorenza became angry and said they were not helping her and felt her job was in jeopardy.

A few days later, Fiorenza met with the director of customer support operations and a senior human resources manager. Fiorenza was given a signed letter that stated the B.C. Lottery Corporation needed more medical evidence because her doctor’s note was unclear on whether her telephone restriction was permanent.

The letter said it needed more information on whether to look at other opportunities to accommodate Fiorenza and requested she consent to have her doctor speak to an external physician to assist in a quicker solution. Fiorenza refused consent due to privacy concerns and arranged for her doctor to provide further medical information.

In February 2017, Fiorenza’s letter to the B.C. Lottery Corporation reported she was making gains but still needed accommodations to continue with her progress. He suggested limited night shifts, avoiding phone communication, minimizing online chats to one at a time. He also suggested work with limited or no contact with customers such as data entry or other administrative positions involving routine tasks.

Around this time, another accountant technician position was posted. Fiorenza emailed a human resources manager stating she wanted to be moved to that job temporarily or into another position to accommodate her disability. Again, she was not successful and the position was given to an external applicant with more accounting experience.

Fiorenza said she felt the company was not responding to her doctor’s recommendations. Her team lead stated Fiorenza’s chats would be reduced to one chat at a time. Fiorenza emailed back to say online chat for a 7.5 hour shift is not considered to be limited to no contact with customers and is not a data entry job.

The B.C. Lottery Corporation says they received two conflicting letters from Fiorenza's doctor. He stated Fiorenza should avoid online interactions with customers and estimated she may be able to return to work within 12 weeks. The next day he submitted a letter that stated Fiorenza's anxiety disorder was made worse by contact with the public through any medium and needed to be accommodated in an environment where she could work without having to interact with the public.

A human resources employee investigated whether there were any opportunities within the department for Fiorenza and concluded there was none. Fiorenza did not return to work in April 2017 and she was denied a long-term disability application.

The B.C. Lottery Corporation changed her employment status to an unpaid leave.

The Human Rights Tribunal member says in her decision the B.C. Lottery Corporation did not prove sufficient evidence to dismiss Fiorenza's complaint.

The decision states Fiorenza's case referred to specific facts, fates and her allegations were clear.

"My decision to allow the complaint to proceed only means B.C. Lottery Corporation has not provided sufficient evidence at this stage to justify dismissing the complaint without a hearing. It does not mean Ms. Fiorenza will necessarily be successful at a hearing," the decision says. 

The decision encourages both parties to take advantage of the Tribunal's mediation services to try to resolve the matter by mutual agreement.

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