The Ontario Court of Appeal recently confirmed the test to be used to establish discrimination on the basis of family status in respect of childcare obligations. A claimant must demonstrate: (1) a child is under the claimant’s care and supervision; (2) the childcare obligation at issue engages the claimant’s legal responsibility for that child, as opposed to a personal choice; (3) the claimant has made reasonable efforts to meet those childcare obligations through reasonable alternative solutions, and that no such alternative solution is reasonably accessible; and (4) the impugned workplace condition or rule interferes in a manner that is more than trivial or insubstantial with the fulfillment of the childcare.
Canada