In the case of Suen v. Envirocon Environmental Services, ULC, the British Columbia Court of Appeal confirmed that not every change to a parent’s work schedule will amount to discrimination on the basis of family status.
In 2017, the Parliament of Canada (Parliament) passed the Genetic Non-Discrimination Act which established various prohibitions on genetic testing related to diseases.
Employers making dismissal decisions would be best served with employment contracts that grant flexibility in these circumstances with a properly drafted layoff clause. Why? Because the current pandemic has proven that we are not always as prepared as we think we are and must always be prepared for the unexpected.