The duty to accommodate an employee with childcare
responsibilities is not unlimited. The recent decision of
Aguele v. Family Options Inc., 2024 HRTO 9911
from the Human Rights Tribunal of Ontario ("HRTO")
provides some insight for employers responding to requests for
schedule changes from employees with childcare
responsibilities.
Case Summary:
The employer provided housing and support services to adults
with developmental and intellectual disabilities. The employer
operated twenty-four hours a day, seven days a week. As such, all
employees were scheduled to work some weekend or evening shifts.
The complainant was employed as a residential support worker.
The employee had requested, and been permitted, to switch her
work location and schedule based on a preference for more day
shifts. She was specifically told, at the time she requested the
switch, that the new schedule would entail working Saturdays from
4:00 p.m. to 12:00 a.m. Notwithstanding this, shortly
