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discrimination on the basis of “family status.”

Federal Court of Appeal outlines test for discrimination on the basis of child care responsibilities

The Federal Court of Appeal has released two companion decisions in Attorney General of Canada v Fiona Johnston and the Canadian Human Rights Commission 2014 FCA 110 (“Johnston”) and Canadian National Railway v. Denise Seeley and the Canadian Human Rights Commission 2014 FCA 111 (“Seeley”) that confirm that discrimination on the prohibited ground of “family status” includes child care obligations and in elaborating on the appropriate test to be used in order to determine when an employee can establish a prima facie case of discrimination on the basis of family status contrary to the Canadian Human Rights Act.

 

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Learn the latest! — Family status accommodation

2014 Ontario Employment Law Conference

In most jurisdictions in Canada, human rights legislation prohibits discrimination on the basis of “family status.” Until recently, few cases were brought alleging discrimination under this branch. However, recent decisions across several jurisdictions have made it clear that employers must be attentive to this ground of discrimination or risk exposing themselves to significant liability.

 

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