Sentences with phrase «on childcare obligations»

In Canadian National Railway v. Seeley, 2013 FC 117, the Federal Court of Canada confirms that family status protection offered by human rights legislation includes childcare obligations, and that employers must meaningfully consider parents requests for accommodation based on childcare obligations, or they run the risk of violating human rights legislation.

Courts and arbitrators have confirmed that the prohibited ground of discrimination based on «family status» includes discrimination based on a parent's childcare obligations, so an employer is prohibited from discriminating against an employee based on their childcare obligations.

Not exact matches

It could also have a positive effect on womens» employment and careers by making it easier to balance work with home and childcare obligations — since men in heterosexual marriages still often aren't doing their share on that front.

Activities such as taking trips with an RV club or playing bridge on a weeknight may have to be foregone in order to fulfill... MORE childcare obligations.

In the context of family status, the Court of Appeal agreed with the lower court that «the childcare obligations arising in discrimination claim [s] based on family status must be one of substance and the complainant must have tried to reconcile family obligations with work obligations».

The primary focus of the Federal Court of Appeal's decision was on the scope of the protection granted by the family status ground of discrimination in respect of childcare obligations.

While the law in BC has interpreted family status narrowly when it comes to childcare obligations, it is ripe for challenge based on how the law has developed in other provinces.

Although the debate over the extent of employers» duty to accommodate employees» childcare obligations will likely continue until there is a definitive ruling by an appellate court (and quite possibly the Supreme Court of Canada), prudent employers should carefully assess any request for accommodation based on family obligations, taking into account such factors as:

There, in upholding a Canadian Border Services Agency worker's claim based on a work schedule that conflicted with her childcare obligations, the Federal Court of Appeal determined that to establish discrimination on a prima facie basis on the ground of family status in relation to childcare, it would be necessary for an individual to show that:

Thus, Ms. Seeley's specific parental childcare obligations and CNR's response to her request for an extension to address possible options all resulted in prima facie discrimination on the basis of family status (Seeley at para 95).

While employees may request accommodation for childcare and eldercare obligations under human rights legislation on the basis of «family status,» the full scope of these protections — and the extent to which employers must accommodate — is still under development.