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ARTICLE · 13 MAY 2014

Requirement To Accommodate Childcare Obligations

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The Federal Court of Appeal unanimously upheld a finding regarding an employer's obligation to accommodate an employee's childcare obligations.

CanadaEmployment and HR
Caitlin Russell
Caitlin Russell
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In a decision released May 2, 2014, Canada (Attorney General) v. Johnstone 2014 FCA 110, the Federal Court of Appeal has unanimously upheld the Federal Court's findings regarding an employer's obligation to accommodate an employee's childcare obligations. The decision clarifies both the meaning of "family status" protection in human rights legislation and sets out a new test for determining whether a claimant has established a prima facie case of discrimination on the basis of "family status."

Background

Fiona Johnstone was employed by the Canada Border Services Agency (CBSA). As a full time employee, Ms. Johnstone worked a variable shift schedule that rotated between six start times over the course of day, evening and night shifts. Ms. Johnstone's husband also worked for the CBSA on a variable shift schedule. Upon returning to work following her maternity leave, Ms. Johnstone requested that she be placed on a fixed full-time schedule to allow her to arrange for

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