Alberta Human Rights Commission dismisses Edmonton mask complaints

Alberta Human Rights Commission dismisses Edmonton mask complaints

The Alberta Human Rights Commission has dismissed a pair of complaints filed by two men who say they were discriminated against when they didn’t wear masks inside retail stores last fall.

One incident took place at a Costco store last November and the other at a Peoples Jewellers store in October.

The decisions were released Aug. 16, 2021, signed by Michael Gottheil, chief of the commission and tribunals.

In both cases, Gottheil found the companies were reasonable in insisting customers and employees wear masks to protect public health during the COVID-19 pandemic.

On Nov. 17, 2020, Peter Szeles went into a Costco in Edmonton and told staff he had a disability that exempted him from wearing a face mask.

An employee suggested Szeles could wear a face shield instead, but he refused. Szeles argued that a face shield was stigmatizing, was meant to single him out as a person with a disability and would subject him to humiliation.

An altercation ensued, the police were called over and Szeles was removed from the store, the written decision says.

A clip of the interaction is also posted on Szeles’s Facebook page. The video shows Szeles on his knees, refusing to stand up and leave the store, with two officers carrying him out and putting him in a police van.

WATCH | Police remove Szeles from the Costco:

Man arrested in Edmonton Costco after refusing to wear mask 1:53 In November 2020, Peter Szeles was arrested in an Edmonton Costco following an altercation that occured after the man refused to wear a mask inside the store. Szeles' complaint to the Alberta Human Rights Commission was dismissed in August 2021. 1:53

Costco submitted several arguments in response to Szeles’s complaint, including that it provided appropriate alternatives, like the option to wear a face shield in the store and various online shopping and home delivery options.

In the second case, James Beaudin was blocked from entering a Peoples Jewellers store in Edmonton. He said health reasons prevented him from wearing a mask.

The store staff pointed out alternatives, including phone and online shopping, with free delivery or curb-side pickup. Beaudin objected, but the store staff was firm, and he was told to leave, the written decision says.

Balance of rights

Jessica Eisen, a University of Alberta law professor specializing in human rights, said the commission’s decisions are understandable based on the Alberta Human Rights Act.

According to the decisions, the companies showed they were responding in good faith to the seriousness of the pandemic, she said.

“They presented lots of evidence to the effect that there was a really good reason for these policies — they were needed to protect their employees and to protect the other customers in the stores,” she said.

Eisen said human rights laws are based on balance.

“I think a lot of people are under the misconception that human rights acts and codes generally protect people’s right to do whatever they want in all circumstances,” Eisen said. “In fact, human rights laws are designed to protect fundamental interests in a range of circumstances.”

Discrimination on the basis of race, religion and disability is covered in human rights legislation, but in these cases, businesses showed they were trying to do the right thing in protecting people’s health while providing options to customers, she said.

The two decisions are among more than 100 complaints the Alberta Human Rights Commission has received since March 2020 related to mandatory masks and vaccines. Cam Stewart, a spokesperson with the HRC, said the commission has accepted them as formal complaints and is in the process of reviewing them.

Most complaints are resolved in conciliation, investigation or at the director’s office before going to a tribunal hearing, he noted.

While investigators are going through the complaints process, the details of the complaints are confidential, Stewart said.

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Human rights tribunal: Maskless shoppers’ rights not violated

EDMONTON, AB: Alberta Premier Jason Kenney went back on his promise that Alberta was “open for good” today with the reimposition of several COVID-19 restrictions.

The premier gave his first media availability since the beginning of the federal election, using his time at the podium to encourage Albertans to get vaccinated, but left it to Health Minister Tyler Shandro to announce the return of restrictions.

“We need to bring back measures that we know have worked in the past,” said Shandro.

He said this will include forced-masking in all indoor public and workplaces, and a prohibition on alcohol sales after 10:00 pm.

Data was not provided as to how alcohol sales after 10:00 pm increase the transmission of the virus.

The government also recommend that employers delay the return of staff to the workplace, and that unvaccinated Albertans do not have indoor social gatherings.

The move comes as an about-face by Kenney and the UCP government, which pledged that the lifting of restrictions on July 1 was permanent and would not return.

“This is an important milestone and a great achievement, but we will not stop here,” said Kenney at the time. “We will keep administering first and second doses [of vaccines] as quickly as possible so we’re not just open for summer, but open for good.” [Emphasis added]

But yesterday, multiple sources inside Alberta’s UCP Caucus told the Western Standard that it was meeting to discuss the reintroduction of COVID-19 restrictions.

The two MLAs that spoke with the Western Standard on condition of anonymity said that the Priorities & Implementation Cabinet Committee (PICC) met August 1 to discuss potential measures to combat rising COVID-19 cases.

According to one of the sources, Health Minister Tyler Shandro presented PICC with three options: maintain Alberta’s reopening plan with no restrictions, reimplement forced-masking mandates with voluntary social gathering restrictions, and reimplement forced-masking mandates with mandatory social gathering restrictions.

Both MLAs told the Western Standard that PICC was sharply divided on the path forward and decided to put the matter to the government caucus at a meeting September 2 between 10:00 am MST and 1:00 pm MST.

The caucus meeting ended indecisively, with sharp disagreement on the potential return of restrictions, with the final decision to be left to the PICC.

Kenney thanked the 2.9 million or 70% of Albertans who are now double-vaccinated, but said that the rise of COVID-19 cases was due to the remaining 30% who have yet to be vaccinated. He said that 80% of current COVID-19 patients are not yet vaccinated.

He said that most COVID-19 patients in intensive care, the overwhelming majority are unvaccinated.

“Their choices are not jeopardizing our healthcare system…This is now a crisis of the unvaccinated.

Kenney said that to encourage vaccine uptake, the province would now pay Albertans $100 to get the jab.

“You are putting yourself at risk. You are putting our healthcare system at risk…Your personal choice has very real world consequences…For the love of God, get vaccinated now. And if you do, we will pay you $100.”

On the same day as the UCP Caucus met to discuss the return of restrictions, NDP Opposition Leader Rachel Notley called on the UCP government to introduce mandatory vaccine passports and forced-masking for Albertans.

In a news release September 2, Notley said that a vaccine passport system and forced-masking was required to “protect people, protect hospitals and protect the provincial economy.”

“Alberta’s NDP is calling for the introduction of simple, secure and scannable vaccine passports that would be required for entry to non-essential busses and mass gathering settings across the province.”

“The passport would feature a QR code – unique to each Albertan – that can be easily scannable at airports, sporting arenas concert venues, businesses and other settings to provide required proof of vaccination.”

Notley said that her party’s proposal would be similar to that in Ontario, which bars people from entering many establishments – public and private – without first providing a government-issued vaccine passport.

Kenney and his government have been adamant that they will not impose vaccine passports however.

“We’ve been very clear from the beginning that we will not facilitate or accept vaccine passports,” Kenney told reporters at his annual Calgary Stampede pancake breakfast.

Airdrie-East UCP MLA Angela Pitt went so far as to say that she would put forward legislation barring discrimination against those who have not been vaccinated.

In an email to a constituent in August, the MLA wrote, “I have proposed that we put forth legislation that prohibits discrimination based on private, personal health records.”

The NDP’s proposal also called for forced-masking in “essential settings, such as grocery stores”.

M: 3 Stocks Set to Gain as Weddings are Expected to Skyrocket

Wedding-related businesses have suffered over the past year because countless couples were forced to delay their wedding plans due to pandemic-related restrictions. In addition, the resurgence of COVID-19 cases due to the rapid spread of the Delta variant is now a new cause of worry for some.

However, increasing vaccinations and the reopening of several venues are expected to boost weddings in the coming months. According to the Wedding Report, 1.9 million weddings are expected to occur this year, and there could be 2.5 million weddings next year. This surge is expected to benefit businesses offering wedding dresses, jewelry, etc.

Macy’s, Inc. (M), Signet Jewelers Limited (SIG), and Urban Outfitters, Inc. (URBN) are well-positioned to benefit from the increasing demand for wedding-related products as the number of weddings increases. So, it could be wise to bet on them now.

Macy’s, Inc. (M)

One of the nation’s premier omnichannel fashion retailers, M’s portfolio of brands includes Macy’s, Bloomingdale’s, and Bluemercury. The Cincinnati, Ohio company has roughly 726 retail stores and also operates through its websites and mobile applications. In addition, it offers wedding registry services.

On August 26, 2021, Bloomingdale’s launched its first “Bloomie’s” store in Fairfax, Virginia. Also, on August 19, 2021, M announced a partnership with WHP Global to bring together Macy’s and Toys”R”Us. These strategic moves are expected to help M expand in the retail space.

For its fiscal second quarter, ended July 31, 2021, M’s net revenue increased 58.7% year-over-year to $5.65 billion, with comparable sales up 61.2% year-over-year. The company’s operating income came in at $597 million, versus a $631 million loss in the prior year. Its net income was $345 million compared to a loss of $431 million in the year-ago period. Also, its EPS came in at $1.08, versus a $1.39 loss per share in the prior year’s quarter.

M’s revenue is expected to come in at $23.63 billion in its fiscal year 2022, representing a 36.2% year-over-year rise. The company’s EPS is expected to increase 272.4% year-over-year to $3.81 in the current year. It surpassed the Street’s EPS estimates in each of the trailing four quarters. Over the past nine months, the stock has gained 116.7% in price to close yesterday’s trading session at $22.54.

It’s no surprise that M has an overall B rating in the POWR Ratings, equating to a Buy in our proprietary rating system. The POWR Ratings assess stocks by 118 different factors, each with its own weighting.

In addition, it has an A grade for Growth and Value, and a B grade for Quality. As a result, M is ranked #20 of 64 stocks in the A-rated Fashion & Luxury industry. Click here to see the additional POWR Ratings for M (Momentum, Stability, and Sentiment).

Signet Jewelers Limited (SIG)

The world’s largest retailer of diamond jewelry and the largest specialty jewelry retailer in the U.S., U.K., and Canada, SIG’s offerings include engagement rings. The Hamilton, Bermuda company operates roughly 2,800 stores under various brand names, including Kay Jewelers, Zales, Jared, H.Samuel, Ernest Jones, and Peoples Jewellers.

Alliance Data Systems Corporation (ADS) announced in May 2021 that its Card Services business had signed a multi-year renewal agreement with SIG to continue providing private label credit card services. The company’s CEO, Virginia C. Drosos, said, “Our partnership with Alliance Data has been instrumental in providing data and insights that enable Signet to reach customers with the right offer at just the right time.”

For its fiscal second quarter, ended July 31, 2021, SIG’s net revenue increased 101.4% year-over-year to $1.79 billion. The company’s operating income came in at $225.40 million compared to an $89.70 million loss in the previous year. Its net income was $216 million compared to a $90 million loss in the year-ago period. Also, its EPS was $3.60 compared to a loss per share of $1.73 in the prior year’s quarter.

For its fiscal year 2022, SIG’s revenue and EPS are expected to grow 28.5% and 242.7%, respectively, year-over-year to $6.71 billion and $7.23. In addition, it surpassed consensus EPS estimates in each of the trailing four quarters. Over the past month, the stock has gained 25.4% in price to close yesterday’s trading at $80.66.

SIG’s strong fundamentals are reflected in its POWR ratings. The stock has an overall B rating, which equates to a Buy in our proprietary rating system. In addition, it has an A grade for Growth and Momentum, and a B grade for Value and Quality.

SIG is ranked #16 in the Fashion & Luxury industry. The stock is also graded for Stability and Sentiment. Click here to see all the SIG ratings.

Urban Outfitters, Inc. (URBN)

Lifestyle specialty retail company URBN operates through two segments: Retail and Wholesale. The company’s portfolio of global consumer brands includes Anthropologie, Free People, and Nuuly. Also, it sells wedding dresses and offers wedding registry services through Anthropologie. URBN is headquartered in Philadelphia, Pa.

On August 24, 2021, URBN announced the launch of Nuuly Thrift, a resale marketplace that will open in the fall this year. This is expected to help the company capitalize on shifting customer behavior and gain market share in the rapidly expanding online resale market.

URBN’s total revenue increased 44.1% year-over-year to $1.16 billion for its fiscal second quarter, ended July 31, 2021. The company’s income from operations came in at $165.85 million, up 138.9% year-over-year. Its net income in the quarter was $127.26 million, representing a 269.9% year-over-year rise. Also, its EPS came in at $1.28, up 265.7% year-over-year.

For its fiscal year 2022, analysts expect URBN’s revenue to be $4.49 billion, representing a 30.1% year-over-year rise. The company’s EPS is expected to increase 31,900.0% year-over-year to $3.20 in fiscal 2022. In addition, it surpassed the consensus EPS estimates in each of the trailing four quarters. Over the past nine months, the stock has gained 23.6% to close yesterday’s trading session at $33.82.

URBN’s POWR Ratings reflect this promising outlook. The stock has an overall B rating, which equates to a Buy in our POWR Rating system. Also, the stock has an A grade for Momentum, and a B grade for Value and Quality.

Click here to see URBN’s ratings for Growth, Stability, and Sentiment as well. Again, URBN is ranked #26 in the Fashion & Luxury industry.

M shares were trading at $22.93 per share on Thursday morning, up $0.39 (+1.73%). Year-to-date, M has gained 103.82%, versus a 22.13% rise in the benchmark S&P 500 index during the same period.

About the Author: Manisha Chatterjee

Since she was young, Manisha has had a strong interest in the stock market. She majored in Economics in college and has a passion for writing, which has led to her career as a research analyst. More…

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