The BC Human Rights Code prohibits discrimination in employment. One of several grounds of discrimination deals with family status. Family status includes substantial family caregiving duties or obligations. Arguments have been made that in order for there to be discrimination, there needs to be a change in employment terms that results in that discrimination. The BC Court of Appeal has recently confirmed that this is not the case. Prima facie discrimination in relation to a conflict between work requirements and family obligations can be established whenever the adverse impact arose from a term or condition of employment and amounts to a serious interference with a substantial parental or family obligation. Please reach out to us if you have any questions or concerns about your business or employment situation.
Further information here: https://www.bccourts.ca/jdb-txt/ca/23/01/2023BCCA0168.htm
If you wish to discuss how this impacts you or your business please reach out to us at 250-374-3344.
Disclaimer: This is not legal advice