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ARTICLE · 11 FEBRUARY 2025

Preferences vs. Needs: Human Rights Tribunal Finds Limits On Accommodation For Family Status

Goulart
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With the arrival of fall comes back to school. For some, it also means back to regular routines, and for others the start of new routines.

CanadaEmployment and HR
Christine M. Krueger
Christine M. Krueger

With the arrival of fall comes back to school. For some, it also means back to regular routines, and for others the start of new routines. This got us thinking about an issue that comes up frequently in our practice especially since the pandemic: employees seeking accommodation from their employer due to childcare responsibilities. A recent decision, Aguele v. Family Options Inc. 2024 HRTO 991 (CanLII) from the Ontario Human Rights Tribunal makes it clear that the duty to accommodate employees on the basis of family status is not unlimited when it comes to scheduling hours of work. This is a helpful and welcome decision for employers.

Overview

These cases are always fact driven. What is important about the facts in the Aguele decision is that the applicant, a residential support worker, alleged discrimination on the basis of family status after her employer declined to accommodate her requests for specific shift changes. The employee, who was a single parent,

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