A Kamloops woman who cancelled her Costco membership after the big-box retailer brought in mandatory masking rules in 2020 has had her human rights complaint against the company dismissed.
Lori Emslie filed a complaint with the B.C. Human Rights Tribunal regarding her experience as a Costco shopper in the early days of the COVID-19 pandemic.
In her complaint, Emslie alleged she was adversely impacted by Costco’s mask policy, which did not carve out an exception for medical exemptions. Emslie suffers from post-traumatic stress disorder and anxiety, and she said her conditions are exacerbated by masking.
Emslie claimed in her complaint that the Costco mask policy made her “scared that [she] will not be able to purchase groceries or feed [her] family.” She alleged Costco breached her human rights because it discriminated against her on the basis of a disability.
Mask policy was tightened
Costco Canada first introduced a COVID-19 mask policy in May of 2020, about two months after the global pandemic had been declared by the World Health Organization.
The initial policy required all shoppers to wear a mask, except those unable to comply due to a medical condition.
Emslie had a note from a doctor reading as follows: “Due to medical reasons I would recommend, if appropriate, that she be exempt from mask wear.”
On Nov. 16, 2020, Costco revised its mask policy to remove the medical exemption. The new policy required every shopper to be masked, but allowed for face shields to be provided by the store for those unable to wear a mask.
Emslie said that was not an acceptable alternative for her because it would trigger her PTSD. She cancelled her Costco membership and later filed the human rights complaint.
'No reasonable prospect'
The complaint was dismissed in an 11-page ruling from B.C. Human Rights Tribunal adjudicator Laila Said Alam.
Alam dismissed the complaint after ruling that Emslie was unable to establish that she has a disability that prevents her from wearing a mask, and that she experienced an adverse impact as a result of Costco’s policy.
She said such a case does not warrant the time and expense of a hearing.
“Ms. Emslie has not taken her assertion that she had a disability that prevents her from wearing a face shield outside of the realm of conjecture,” Alam said in the decision.
“As such, I am satisfied there is no reasonable prospect Ms. Emsie will prove her PTSD or anxiety prevented her from complying with Costco’s revised mask policy.”
Emslie resumed shopping at Costco early in 2021.
