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ARTICLE · 19 MAY 2016

Breastfeeding and Workplace Accommodation: A Mother's Preference or Duty?

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In 2014, the Public Service Labour Relations and Employment Board considered a grievance alleging that an employee was discriminated against on the basis of family status and/or sex when her employer denied her request to ...

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In 2014, the Public Service Labour Relations and Employment Board considered a grievance alleging that an employee was discriminated against on the basis of family status and/or sex when her employer denied her request to work full-time from home so that she could breastfeed her child. In Flatt v. Treasury Board (Department of Industry), 2014 PSLREB 02, the Board found that a requirement that the employee be physically present in the workplace did not constitute discrimination on the basis of either family status or sex, despite its effect on the employee's breastfeeding schedule.

On judicial review the Federal Court of Appeal upheld that decision: 2015 FCA 250. On May 5, 2016, the Supreme Court of Canada refused the grievor's application for leave to appeal.

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