Summary
A request based on religious grounds not to be left alone with a driving examiner of the opposite sex during a road test may constitute a request for reasonable accommodation if the request is based on genuine and sincere religious beliefs.
The accommodation proposed by the SAAQ, namely to postpone the applicant’s road test until a driving examiner of the appropriate sex is available, or by scheduling a new appointment under the same conditions, is reasonable and does not appear to constitute undue hardship for the SAAQ.
The accommodation appears to respect the applicant’s right to equality and freedom from discrimination based on religion without infringing the gender- equality rights of SAAQ employees. Any other type of accommodation that would affect a driving examiner’s working conditions could be considered non-reasonable, particularly since it could infringe the examiner’s right to equality and freedom from discrimination based on gender. The SAAQ’s current policy needed to be clarified and updated; it also needed to be communicated to the SAAQ’s clientele.
Human Rights
Reasonable accommodation
Good and services provided to the public
Opinions, briefs and recommendations
Opinions and recommandations