Rights commission sides against U of M

School denies alleged discrimination

By Kevin Rollason
THE Manitoba Human Rights Commission alleges the University of Manitoba engaged in discrimination in a
case involving the schools former senior legal counsel.
The MHRC has taken up the cause of Peggy Damianakos, who claims she was effectively demoted while she
was on maternity leave with her third child, starting in 2009.
The commission strongly feels discrimination has occurred, Azim Jiwa, the MHRCs executive director, said
Monday. It is definitely a situation where discrimination has occurred.
Damianakos was hired by the university as a legal adviser in 1999, and by 2002 had been promoted to general
counsel with an annual salary of $105,000.
As general counsel, Damianakos provided counsel to the universitys senior administration. As well,
Damianakos was in charge of the universitys Legal Services office including hiring and all financial matters.
She was on one-year maternity leave starting in December 2004, followed by another one-year leave starting in
April 2007.
Damianakos went on her third maternity leave in October 2009, but a few months before she was to return in
October 2010, she was told her department and two others, the Access and Privacy Office and Equity Office,
had been merged and while she was still general counsel, she now reported to a new director of legal services
instead of to the vice-president (administration).
She filed a human rights complaint on May 11, 2011, claiming she had been discriminated against because of
her sex, including her pregnancy, and family status as the parent of young children.
Last month, a MHRC adjudicator, in a 19-page written decision, turfed a challenge by the university to have the
case dropped because the institution believed it had made a reasonable settlement offer when it proposed
paying Damianakos a settlement of $212,000 in compensation for lost wages and $15,000 in general damages
for injury to dignity, feelings or self-respect.
But the university refused Damianakoss request to be reinstated in her job as general counsel or to pay
exemplary damages as punishment for any malice or recklessness with the matter.
The university has filed an application for a judicial review of the adjudicators decision, effectively putting the
hearing, which had been scheduled this summer on, hold.
Damianakos could not be reached for comment.
Myrrhanda Novak, a university spokeswoman, said the institution denies discriminating against Damianakos.
The University of Manitoba is committed to maintaining a respectful work and learning environment for all,
including for employees who go on and return from maternity and/or parental leaves, she said.
kevin.rollason@freepress.mb.ca