FAMILY STATUS DISCRIMINATION

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call: (416) 921 7997 Ext.225     Email: srball@82scollard.com

FAMILY STATUS AND MARITAL STATUS ARE PROTECTED GROUNDS UNDER THE ONTARIO HUMAN RIGHTS CODE

WORKPLACE ENVIRONMENT

Discrimination Or Harassment In The Workplace

Individuals are protected from family status and marital status discrimination in each aspect of the workplace environment and the employment relationship. This includes job applications, recruitment, training, transfers, promotions, dismissals and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, discipline and performance evaluations, among others. Family status can include childcare and eldercare obligations. Many employees have experienced discrimination or harassment in the workplace, despite the fact that employers are required to maintain a safe work environment.

If you have been discriminated against or harassed, it is possible to file an applicant with the Human Rights Tribunal of Ontario or to include the claims as part of a civil lawsuit such as wrongful dismissal or constructive dismissal. Discrimination on the basis of family status can include childcare obligations or eldercare obligations. Although there has been some discrepancy among different tribunals across Canada, the courts in Ontario have ruled that the concept of family status and marital status includes not only the general status of having or not having a spouse or a family, but also the identity of a particular spouse. All the details of spouses’ marital relationship should be regarded as a private matter and be left between them and their their family or divorce lawyers. It may be discrimination if your employment is terminated because of a disagreement between your employer and your spouse, or if you are terminated because your spouse was terminated. See Monk v. C.D.E. Holdings Ltd. (1983), 4 C.H.R.R. D/1381 and Gipaya v. Anton’s Pasta Ltd. (1996), 27 C.H.r.R. D/326.

Ontario Human Rights Code

 

With respect to childcare obligations, the test to determine if there is discrimination is whether an employment rule interferes with an employee’s ability to fulfil his or her substantial parental obligations in any realistic way. For example, a policy that required employees to accept reduced hours and fixed shifts if their childcare responsibilities conflicted with a rotating shift schedule was found to be discriminatory. See Johnstone v. Canada (Border Services Agency) 2013 FC 113. With respect to eldercare obligations, it was discriminatory when an employer’s attendance requirements had an adverse impact on the employee, who had to miss work to take care of their mother as the mother’s primary caregiver.

If an employee is denied some benefit or right at work because of their eldercare obligations, or family care obligations generally, they may have been discriminated against contrary to the Ontario Human Rights Code. Be sure to keep detailed records of any incidents of discrimination or harassment at work. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.

EMPLOYMENT RULE

CONSULTATIONS

ADDITIONAL ARTICLES ABOUT FAMILY STATUS DISCRIMINATION

Human Rights and Discrimination in Employment Law

December 5, 2019

This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of...

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Age Discrimination at Work

October 6, 2021

Age discrimination, otherwise referred to as ageism, can arise in a number of ways in the workplace....

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Cannabis and Discrimination Issues

April 11, 2023

There are several legal issues that can be raised in the context of cannabis in the workplace....

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Grounds for Discrimination in the Workplace

April 21, 2023

What is Discrimination? Under the Ontario Human Rights Code, workplace discrimination is defined as any conduct or action, intentional or...

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Canadian Employment Law

Canadian Employment Law

Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball’s Canadian Employment Law, please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

Google Reviews

Beijia Zhang
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!
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