Workplace Accommodation Of Employees Caring For Elderly Parents

The Ontario Human Rights Code recognizes and protects employees against discrimination on the basis of "family status". Traditionally, employees have requested accommodation on the basis of family status relating to obligations associated with child care; however, as the population of Ontario ages, many members of the Ontario workforce are finding that they have familial obligations arising from the need to care for elderly parents as well.

The law in this area is rapidly evolving as more and more employees seek accommodation from their employers. Generally, where a distinction, conduct or action that is based upon a person's family status has the effect of limiting access to opportunity (i.e. more hours of work, a promotion) that would otherwise be available to other members of the workforce, then it is considered family status discrimination.1

A contentious issue at law is under what circumstances an employee should be accommodated for obligations associated with family status. In one case from the British Columbia Court of Appeal the Court held that discrimination is made out "when a change in a term or condition of...