The Test For Family Status Discrimination Clarified In BC

On April 21, 2023, the British Columbia Court of Appeal released its decision of British Columbia (Human Rights Tribunal) v Gibraltar Mines Ltd, 2023 BCCA 168. This decision clarifies the test for establishingprima faciefamily status discrimination in employment.

In Health Sciences Assoc. of B.C. v. Campbell River and North Island Transition Society, 2004 BCCA 260, the British Columbia Court of Appeal had previously held that 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.

The central issue on the appeal in Gibraltar Mines was whether a change in a term or condition of employment was a necessary precondition to a finding ofprima faciefamily status discrimination. The Court agreed with the Tribunal that it was not and overturned the Supreme Court of British