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ARTICLE · 07 JANUARY 2021

Recent Human Rights Tribunal Decisions Apply Stringent Test For Family Status Discrimination

Two recent decisions of the British Columbia Human Rights Tribunal (BCHRT) applied the strict standard test for family status discrimination established by the British Columbia Court of Appeal (BCCA)

CanadaEmployment and HR

Two recent decisions of the British Columbia Human Rights Tribunal (BCHRT) applied the strict standard test for family status discrimination established by the British Columbia Court of Appeal (BCCA) in Health Sciences Association of British Columbia v. Campbell River and North Island Transition Society, 2004 BCCA (Campbell River). The Campbell River test, which was confirmed by the BCCA in Environmental Services, ULC v. Suen, 2019 BCCA 46 (Suen) (leave to appeal to the SCC denied), is set out below:

...a prima facie case of discrimination is made out when a change in a term or condition of employment imposed by an employer results in a serious interference with a substantial parental or other family duty or obligation of the employee.

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