Application of “Family Status” Considered by the Canadian Human Rights Tribunal
Date: December 12, 2013
Canadian human rights tribunals have, of late, been rendering decisions which examine the reach of “family status” as a prohibited ground of discrimination.
Recently, the Canadian Human Rights Tribunal (the “Tribunal”) examined a case that involved eldercare responsibilities the applicant had for his mother-in-law. It found that the eligibility rules of the employer’s Relocation Directive created certain discriminatory distinctions. Specifically, it excluded the applicant from claiming relocation expenses arising from his obligation to maintain a second residence in the early stages of his relocation in order for his wife to care for her ailing mother.
Key to the Tribunal’s finding was its conclusion that the employer failed to consider the applicant’s position regarding his family care needs, and failed to consider any accommodation of those needs.
A discussion of this case is found on our Case in Point blog, “Canadian Human Rights Tribunal Extends “Family Status” Protection to Care for Mother-in-Law.”