An Update On Family Status Discrimination

Attempting to balance life's many responsibilities can be difficult for anyone, and the stress involved in being a parent, child, spouse, and employee can be exhausting. Child and elder care responsibilities are often unpredictable, and the resulting absenteeism can be extremely frustrating for an employer. Absenteeism strikes at the very heart of the employer's residual right to manage its enterprise.

In the past, discrimination based on family status was rarely discussed and typically limited to the protection of women re-entering the workforce after a maternity leave. However, employee requests for accommodation based on family status are becoming more common and employers are becoming more aware of their obligations under applicable human rights legislation. However, the case law surrounding family status discrimination is less than clear.