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ARTICLE · 14 JANUARY 2019

Making Sense Of Family Status Discrimination

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The position required early morning work.

CanadaEmployment and HR
Avneet Jaswal
Avneet Jaswal
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In most provinces, family status is a protected ground under human rights legislation. A recent decision, Peternel v Custom Granite & Marble Ltd., 2018 ONSC 3508, is a good reminder about family status obligations and the factors considered by adjudicators when determining whether an employer has breached its duty to accommodate an employee. 

What Happened?

The employee worked as a scheduler for Custom Granite & Marble Ltd. (the Company). The position required early morning work. The employee said she was permitted to arrive at work any time before 10am due to childcare obligations. But, if the Company needed her to attend work earlier, she would do so and her live-in mother would take care of the kids. The Company disputed that. The Company said that it had spoken to the Plaintiff about her tardiness in starting after 8:30am but it had not disciplined her for it.

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