Bender: No Discrimination Based On Sex Or Family Status

Employers whose workforce accrue seniority based on days actually worked will want to take note of a recent employment decision by the Human Rights Tribunal of Ontario ("HRTO") which considered allegations of discrimination based on sex (including pregnancy) and family status.

In Bender v. Limestone District School Board, an educational assistant alleged that her employer's practice of calculating seniority on the basis of time worked as a casual employee was discriminatory because it effectively excluded her time on maternity leave. The complaint was dismissed by the Vice Chair on the ground that all casual employees who became permanent employees were not credited seniority when they were unavailable for work, regardless of the reason for the unavailability.