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Family Status Discrimination – Know The Laws Of Your Province

Every jurisdiction bans employers from discriminating on the basis of family status, such as by refusing to bend work hours to accommodate the childcare needs of working parents. But there are significant differences in how firm employers can be before the line is crossed. More precisely, there are different tests courts use to determine if an employer’s work hour demands constitute family status discrimination, depending on where in Canada the case takes place. Here’s a rundown of the 4 competing standards and where each one applies.
1. The Pro-Employer Campbell River Standard: (BC, Saskatchewan, Nova Scotia)
To make out a case for family status discrimination, employee must show that:

The employer imposed a change in the terms of employment; and
The change resulted in “serious interference” with a “substantial” family obligation.

2. The Pro-Employer Johnstone Standard: (Federal)
To make out a case for family status discrimination, employee must show that:

A child is under his/her ...

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