Exclusive Feature: The duty to accommodate family status

Exclusive Feature: The duty to accommodate family status

In the Canadian employment landscape, understanding and addressing family status discrimination, particularly in childcare and eldercare, can be a complex and nuanced challenge. While the interpretation of human rights legislation may be consistent, the tests to establish a prima facie case of discrimination on the grounds of family status can vary significantly from province to province. So, what are the key differences in each test and how does it affect Canadian employees?

This comprehensive whitepaper breaks down the three-step process of the prima facie discrimination test and offers insights into the differences in test results from province to province.

The article covers:

  • The three-part test for prima facie discrimination: protect characteristic, adverse impact, and connection between characteristic and impact
  • Federal jurisdiction – the Johnstone decision: a specific approach designed for testing childcare
  • Provincial tests: British Columbia – the Campbell River test and Alberta and Manitoba – embracing the Moore test
  • Assessment of impact and reasonable options: understanding whether an employee has reasonable childcare or eldercare options and how it relates to accommodation

Don’t miss this informative article, click here, to read the full report.

Recent articles & video

Trust account misuse among reasons BC lawyer faces discipline for professional misconduct

Future bright despite challenging fundraising environment for tech startups: Fasken's Marc Shewchun

Former lawyer cannot represent his wife in personal injury case, says NS Supreme Court

Office of the Privacy Commissioner 2022-2023 annual report tabled in Parliament

Blakes and Chaitons appear in four commercial list suits this week

Mayer Brown boosts corporate & securities practice with partner hire

Most Read Articles

University of Windsor's Law Building receives multi-million-dollar transformation

Calling 911 about an overdose cannot result in drug possession arrest, finds SK appeal court

Roundup of law firm hires, promotions, departures: September 18, 2023 update

PEI Supreme Court grants preservation order amid wife’s accusation of husband's drug addiction