{"id":1219,"date":"2021-06-24T20:40:51","date_gmt":"2021-06-25T00:40:51","guid":{"rendered":"https:\/\/www.zeilikmanlaw.com\/?page_id=1219"},"modified":"2021-07-27T17:57:53","modified_gmt":"2021-07-27T21:57:53","slug":"family-status-discrimination","status":"publish","type":"page","link":"https:\/\/www.zeilikmanlaw.com\/for-employees\/family-status-discrimination\/","title":{"rendered":"Family Status Discrimination"},"content":{"rendered":"\t\t
The various human rights statutes in Canada, federally and provincially, forbid actions that cause Human Rights Violations and Discrimination against people based on a protected ground(s). One of these grounds includes that of Family Status Discrimination and is a prohibited ground under all Canadian legislation.<\/p>
Family status protects a range of families and familial relationships from discrimination while recognizing that families are becoming increasingly diverse. Family status discrimination can appear when a person is discriminated against based on:<\/p>
The identity of a particular family member<\/p><\/li>
Where parents are discriminated against for having children<\/p><\/li>
Spousal relationships<\/p><\/li>
Adult children who are discriminated against for caring for their aging parents.<\/p><\/li><\/ul>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
The inclusion of childcare obligations within the definition of family status has been adopted across Canada. Family status protects non-biological parent and child relationships, which may be formed through adoption, fostering and step-parenting, in addition to, lone parent families and those headed by LGBT persons. Courts and tribunals have set out various accommodation tests when it comes to childcare.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
Most recently, the Ontario\u2019s Human Rights Tribunal held that where childcare obligations are engaged, a person will have to be able to show that:<\/p>
Eldercare responsibilities have also been held to be a foundation for a family status claim of discrimination. If an employee is a primary caregiver for his or her parent, an applicant may be able to make a claim of family status discrimination.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t