O'Malley v. Simpsons-Sears: Discrimination Without Intent

Ontario Human Rights Commission v. Simpsons-Sears Ltd., [1985] 2 S.C.R. 536, known as O'Malley, is one of the most important human rights decisions in Canada.

What happened

Theresa O'Malley worked full time as a sales clerk at Simpsons-Sears. After she became a Seventh-day Adventist, she couldn't work from sundown Friday to sundown Saturday. The store required full-time staff to work Friday evenings and Saturdays, so she was moved to part-time work, with less pay and fewer benefits.

What the court decided

The Supreme Court ruled in her favour. It held that:

• Intent isn't required. What matters is the effect of the rule.
• Adverse effect discrimination happens when a neutral rule has a discriminatory effect on people because of a protected ground, such as creed.
• The employer has a duty to accommodate, unless doing so would cause undue hardship.

Why it matters

O'Malley is the foundation of the duty to accommodate in Ontario and across Canada, at work, in housing and in services.

What it means for you

• If a work rule conflicts with your religion, disability or family needs, you can ask for accommodation.
• Employers should look for solutions, such as schedule changes or swaps, before saying no.

Sources

• Ontario Human Rights Commission v. Simpsons-Sears Ltd. (O'Malley), 1985 CanLII 18 (SCC)
• Ontario Human Rights Code

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.