Not exact matches
In
finding that the applicant had not been discriminated against
on the
basis of sex or
family status the Honourable Justice Johanne Trudel directed her attention to the four factors necessary to establish a prima facie case
of discrimination on the
basis of family status.
Here, and without adopting all
of its reasoning, I can
find no error in the Board's ultimate conclusion that Ms. Flatt was breastfeeding her child out
of a personal choice and that
discrimination on that
basis, if it was
discrimination, was
discrimination on the
basis of family status.
The board
found that «
discrimination on the
basis of breastfeeding, if it is
discrimination, is
discrimination on the
basis of family status rather than sex or gender.»
The CNR argued that CHRT had erred in
finding that a case
of family status discrimination had been made out, in
finding that the CNR had not met its duty to accommodate, and in awarding extra damages
based on CNR's reckless conduct.
The court
found that the defendant's use
of «no children» in its rules constituted a per se violation
of the Act's prohibition
on discrimination based on family status and granted summary judgment
on this claim.