This case study is based on Maria Vanderputten v. Seydaco Packaging Corp. and Gerry Sanvido (No. 2, 3 and 4). In presenting the case to the Tribunal, the applicants lawyers raised these issues:

1. She was harassed in the workplace and subjected to a poisoned work environment

2. She was dismissed from her job because of her gender identity.

When Maria began working for the packaging company in 2003, her first name was Tony. She was hired as a general laborer on August 24, 2003. In 2008, she was accepted in the gender identity clinic and began transition from living as a man to living as a woman. She started the process of sex reassignment and developed female breasts as a result of hormone treatments. Maria says that she was harassed, subjected to a poisoned work environment and dismissed all violations of the Human Rights Code.

Maria said that Gerry, a lead hand and machine operator, played a central role in the harassment and the incident that led to her dismissal. The packing company said the allegations never happened. The company argued that it treated the applicant appropriately, considering her a man and treating her like other men until it received medical or legal documentation that she was a woman. They say they fired her because of her attitude and being involved in workplace conflicts that were her fault, as well as insubordination.

Discussion Questions:

1. In what ways do YOU think Maria might have experienced discrimination in her employment?

2. What reasons do YOU think Maria's supervisor would give for firing her?

What do YOU think of these reasons?

3. What remedy do YOU think Maria should receive because she was discriminated against?