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Employer Obligated To Accommodate Childcare Needs

The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal that "family status" under the Canadian Human Rights Act (CHRA) includes a parent's obligations to care for a child and that an employer is obligated to provide accommodation for an employee's childcare needs, says a Hicks Morley ‘FTR Now.’ Key to the court's finding was that the policies of the employer interfered with the employee's "ability to fulfill her substantial parental obligations in any realistic way," no attempts were made by the employer to inquire into the employee's circumstances or to provide accommodation and accommodation would not have caused the employer any undue hardship. This decision is the latest in a series of cases, rendered both under the Ontario Human Rights Code and the CHRA, that have considered the issue of accommodating childcare requirements within the context of scheduling work hours.

Courtesy of Benefits and Pensions Monitor website News Alerts

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