The Canada Revenue Agency discriminated against an employee when it denied his request for a religious exemption from its COVID-19 vaccination policy, the Federal Public Sector Labour Relations and Employment Board has ruled.
The board awarded Porter $5,000 in damages for pain and suffering but rejected his requests for nearly four years of lost wages and reimbursement of 118 hours of vacation leave.
Exemption Denied
The case arose after the CRA introduced its COVID-19 vaccination policy on Nov. 8, 2021, requiring all employees to be fully vaccinated.
Employees were permitted to request accommodation on medical or religious grounds. Employees seeking religious accommodation had to provide an affidavit explaining why their sincerely held beliefs prevented them from receiving the vaccine.
Porter, a Christian and long-time member of Eastern Gate Church in St. John’s, Nfld., requested an accommodation in November 2021.
He said his religious beliefs prevented him from receiving the COVID-19 vaccine because he believed in the sanctity of human life and objected to vaccines that may have used aborted fetal tissue or cell lines in testing, development, or production.
He also said his Christian beliefs required him to avoid substances or treatments he believed could alter his body or immune system.
In his accommodation request, Porter wrote, “I must maintain the essence of my body as an acceptable temple for the Holy Spirit to indwell, to the best of my ability.”
Porter’s pastor supported his position, telling the CRA that the church opposed vaccines that used fetal cell lines derived from abortion.
The CRA denied Porter’s accommodation request in December 2021.
The agency told him he would be placed on leave without pay if he remained unvaccinated. The CRA suspended its vaccination policy in June 2022.
Decision
The board found that Porter’s religious beliefs were protected under human rights law and that the CRA had not shown that accommodating him would have caused undue hardship. It therefore ruled that the CRA violated the collective agreement and the Canadian Human Rights Act.
Russell noted that religious beliefs must be sincerely held to receive protection and found Porter had demonstrated that sincerity. Porter had been an active member of his church since 1999 and had consistently acted with his stated beliefs around vaccines and medications.
Russell said Porter faced a choice between violating his sincerely held beliefs by getting vaccinated or remaining out of his workplace and facing the consequences of not being vaccinated.
The board concluded that the agency discriminated against Porter and violated the collective agreement.
Health Effects
Porter went on sick leave and vacation leave in January 2022. He later went on unpaid sick leave and was eventually approved for long-term disability benefits.
The decision found that Porter had demonstrated pain and suffering resulting from the discrimination. Medical evidence submitted to the board identified an anxiety disorder and said Porter’s occupational illness was partly related to the CRA’s vaccination mandate, while also identifying family-related stressors.
Porter told the board the denial of his accommodation caused significant stress and anxiety, affecting his sleep, social life, and daily activities.
“This has had a profound impact upon my mental, emotional and physical well-being, as well as a significant impact on my family,” he wrote.
He said he felt “attacked, targeted, and mistreated” and believed his sincerity and integrity were being questioned, which he said caused him “an extreme level of humiliation.”
No Award for Lost Wages
Porter sought lost wages from April 2022 to June 2026. He also sought reimbursement of 118 hours of vacation leave and $20,000 in damages under the Canadian Human Rights Act.
The board rejected his claim for lost wages.
Russell said Porter had not established a sufficient connection between the CRA’s denial of his exemption and the financial losses he claimed over the lengthy period he remained away from work.
Porter had used sick and vacation leave rather than being placed on administrative leave without pay. The board also noted that he had not provided enough evidence explaining why he could not return to work after the vaccination policy was suspended in June 2022, or why he remained unable to work.
The board also rejected Porter’s request to have 118 hours of vacation restored.
Russell found the collective agreement did not provide for vacation leave to be used in place of sick leave. The board therefore concluded Porter was not entitled to have those hours reinstated.
However, the board found Porter had demonstrated pain and suffering resulting from the discrimination.
Russell concluded that the stress, anxiety, poor sleep, poor concentration, reduced motivation and reduced mood Porter reported were caused in part by the CRA’s conduct.
Although other factors, including family circumstances, contributed to his condition, the board said the CRA’s actions did not have to be the sole cause of his suffering for damages to be awarded.
Porter had sought $20,000 in damages, but the board awarded him $5,000.
Similar Cases
Russell compared the case with another decision involving a religious accommodation and COVID-19 vaccination policy in which $5,000 was awarded. He noted that Porter had provided medical evidence about the effects of the discrimination, but had not lost his employment permanently and had not been placed on unpaid leave under the vaccination policy.
Those factors made the CRA’s conduct less serious than cases involving discriminatory termination, the board found.
The board’s final order stated that the CRA discriminated against Porter based on his religious beliefs and required the agency to pay him $5,000 in damages under the Canadian Human Rights Act within 75 days of the June 3 decision.
The decision also noted that there are approximately 90 similar cases involving the CRA and the bargaining agent.
The Epoch Times contacted CRA for comment but didn’t immediately hear back.
