Kelowna theatre company ordered to pay performer over $55K

The Kelowna Actors Studio has been ordered to pay over $55,000 by the BC Human Rights Tribunal for discrimination against a neurodivergent performer.

According to a decision posted May 7, the studio was ordered to pay the money to Maurice Kimball, who was 14 at the time of the discrimination.

Kimball was hired in early 2017 to play the lead role in the theatre company’s production of Billy Elliot – The Musical, a role the tribunal explained he had played twice before in unrelated productions.

According to the decision, Kimball attended his first rehearsal on June 3 but by June 17, Kimball’s mother received an email that said the theatre company terminated his employment.

The decision says the events had a “significant” impact on his mental health and impacted his desire to perform, future career plans and education.

The decision does not include the reasons why the company fired Kimball, however, it says the company acknowledges the discrimination.

“The Respondent acknowledges that it did not meet its legal obligation to accommodate Mr. Kimball’s disabilities up to the point of undue hardship before terminating his employment,” says tribunal member Andrew Robb in the decision.

According to the decision, the tribunal did not hold a hearing but the Kimball and the theatre company advised the tribunal that they agree about the background facts and the remedies set out below.

They also requested that the tribunal enter those facts and remedies in a consent order.

Both parties agreed to have the consent order include acknowledgement that Kimball is “an experienced and accomplished” performer.

The order also acknowledged that Kimball has been diagnosed with certain disabilities that are considered neurodivergent including “sensory processing disorder, central auditory processing disorder” and learning disorders related to math, writing and reading.

The company has been ordered to pay $35,000 for injury to Kimball’s dignity, feelings and self-respect, $18,998 for expenses incurred as a result of the discriminatory conduct, and $1,200 for lost wages, plus “pre-judgment interest” on the wage loss and expenses incurred until paid in full.

The theatre company also agreed to implement sensitivity training, educational programs, a policy for persons with learning and sensory disabilities and adopting an employment equity program.