In the Canadian employment landscape, understanding and addressing family status discrimination, particularly in childcare and eldercare, can be a complex and nuanced challenge. While the interpretation of human rights legislation may be consistent, the tests to establish a prima facie case of discrimination on the grounds of family status can vary significantly from province to province. So, what are the key differences in each test and how does it affect Canadian employees?
This comprehensive whitepaper breaks down the three-step process of the prima facie discrimination test and offers insights into the differences in test results from province to province.
The article covers:
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- The three-part test for prima facie discrimination: protect characteristic, adverse impact, and connection between characteristic and impact
- Federal jurisdiction – the Johnstone decision: a specific approach designed for testing childcare
- Provincial tests: British Columbia – the Campbell River test and Alberta and Manitoba – embracing the Moore test
- Assessment of impact and reasonable options: understanding whether an employee has reasonable childcare or eldercare options and how it relates to accommodation
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