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ARTICLE · 15 JULY 2021

Important Decision On Family Status Discrimination

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In Kovintharajah v Paragon Linen & Laundry Services Inc., 2021 HRTO 98 ("Paragon Linen") the Human Rights Tribunal of Ontario (the "Tribunal") provided clarity on the test for family status...

CanadaEmployment and HR
Evan Campbell
Evan Campbell
Catherine Phelps
Catherine Phelps
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In Kovintharajah v Paragon Linen & Laundry Services Inc., 2021 HRTO 98 ("Paragon Linen") the Human Rights Tribunal of Ontario (the "Tribunal") provided clarity on the test for family status discrimination and awarded one of the highest ever damages awards for this class of discrimination.

Requests for accommodation on the basis of family status have been on the rise for all municipal employers in response to the additional pressures on families caused by the COVID-19 pandemic. This important decision offers insight to municipal employers on how to navigate family status accommodation.

The Facts

The applicant worked as a machine operator at the respondent's commercial laundry facility. The applicant and his wife had three young children aged 6, 4 and 2, and also lived with his wife's elderly parents. The applicant's in-laws had significant health and mobility issues and were not able to care for the children for more than a few minutes at a time. As a result,

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