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Canada Family Status Discrimination

Stikeman Elliott LLP

British Columbia’s Family Status Discrimination Test: More Employer-Friendly Than Family-Friendly?

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In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar”), the British Columbia Court of Appeal clarified the test for establishing prima facie family status discrimination. In British...more

Littler

British Columbia Tribunal Finds Employer that Unilaterally Removed Employee on Maternity Leave from Management Position Liable for...

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The British Columbia Human Rights Tribunal’s decision in LaFleche v. NLFD Auto, 2022 BCHRT 88, provides employers with insight into how they should conduct themselves while their employees are on a leave of absence.  The...more

Littler

Alberta Court of Appeal Confirms Complainants Need Not Prove Reasonable Efforts to Self-accommodate to Establish Family Status...

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As we have written previously, the test to determine whether an employer has a duty to accommodate family status is not consistent in all Canadian jurisdictions....more

Littler

British Columbia, Canada: Recent Human Rights Tribunal Decisions Apply Stringent Test for Family Status Discrimination

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Two recent decisions of the British Columbia Human Rights Tribunal (BCHRT) applied the strict standard test for family status discrimination established by the British Columbia Court of Appeal (BCCA) in Health Sciences...more

Littler

Canada: British Columbia Human Rights Tribunal Recommends Employers Faced with Family Status Discrimination Complaints Confer with...

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On October 18, 2019, we wrote about the tests currently used to establish family status discrimination in Canada, and recommended policies and programs employers can put in place for employees that need accommodations due to...more

Littler

Canadian Employers Must Navigate a Patchwork of Family Status Accommodation Requirements

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Members of the Baby Boom generation often remained in one job throughout their working lives.  It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more

Littler

Court of Appeal Affirms that Employees in British Columbia, Canada Must Continue to Meet a High Standard to Establish "Family...

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The British Columbia Court of Appeal recently affirmed that it continues to be bound by the existing legal test for adverse discrimination on the ground of “family status” established in Health Sciences Assoc. of B.C. v....more

Bennett Jones LLP

Ontario Superior Court Awards Damages for Family Status Discrimination

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Justice Healy’s January 2015 decision in Patridge v Botony Dental Corporation is likely to be on many lists of top human rights law decisions already decided this year. Besides awarding damages under the Human Rights Code,...more

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