These are the people who will work from lists and written directions and instructions.Someone with an Auditory learning style has a preference for the transfer of information through listening: to the spoken word, of self or others, of sounds and noises.
In applying this high threshold, BC has been out of step with the rest of the country, and judges in other provinces have criticized and expressly rejected the BC approach as too narrow and limiting. In a second decision, the Tribunal found that an employee who was a single mother had suffered discrimination on the basis of family status when the employer terminated her employment based on assumptions made about her ability to work on account of her status as a single mother (Cavanaugh v. Although this is still the state of the law until the Court of Appeal reconsiders the issue, if the identified trend continues and the Tribunal continues to find creative ways around this high threshold, employers may have to be prepared to demonstrate that they have accommodated an employee’s family status to the point of undue hardship. Johnstone, a mother of two young children, was employed full-time as a Border Services Officer by the Canada Border Services Agency (CBSA).
Two recent decisions by the BC Human Rights Tribunal suggest that the Tribunal is looking for ways around this high threshold, finding exceptions to the “serious interference with a substantial parental… In one decision the Tribunal found that an employer had discriminated against an employee who was the mother of three children on the basis of her family status when it unilaterally removed her contractually-promised flexible work schedule following her maternity leave (Brown v. This could include accommodation of employees who request time off to care for ailing parents, or employees who request adjustments to their work schedules around childcare arrangements. In 2014, the Federal Court of Appeal was provided with the opportunity to review the question of what constitutes discrimination on the basis of family status in the case of Ms. She worked rotating shifts which included weekends, days, evenings and nights.
Employers must consider each request on its own unique facts, but proactive programs, including flexible work arrangements and on-site or employer-sponsored daycare, may limit exposure to human rights complaints on the basis of family status. Theinformation provided in this article is necessarily of a general nature and must not be regarded as legal advice.
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BC Courts and the BC Human Rights Tribunal have not generally been receptive to these complaints, holding that a complaint of family status discrimination will not succeed in the usual case of an employee experiencing a conflict between work and family obligations.
There is a recognition that many working parents have to make childcare arrangements, and the approach of our Courts and the Tribunal seems to be that making appropriate childcare arrangements is a responsibility to be borne solely by the parent, and an employer is entitled to insist on a particular work schedule, even if it conflicts with childcare obligations.
Until recently, in our province, making such accommodations has been a purely voluntary act by employers.
However, recent decisions by the BC Human Rights Tribunal suggest that the law may be changing to require employers to accommodate needs created by an employee’s "family status".
Ultimately, CBSA decided that it was unable to accommodate her request, despite other alternatives suggested by the employee. Johnstone filed a claim of discrimination on the basis of family status with the Canadian Human Rights Tribunal.
While the Tribunal noted that having children is a personal choice, it found that the Canadian Human Rights Act granted protection against discrimination based on such personal choices.
Johnstone had established a case of discrimination, though it varied the award to Ms. Johnstone suggests that there may be a duty for employers to accommodate childcare obligations, the Federal Court noted that the employee may also have an obligation to make reasonable efforts to find suitable childcare before requesting accommodation.