Understanding Family Status Accommodation
The Ontario Human Rights Code defines family status as “the status of being in a parent and child relationship.” This applies to both parents of young children and adult children of senior parents. The Code ensures equal treatment in employment when issues arise that pertain to these family relationships.
When it comes to protected grounds such as family status, employers must accommodate employees up to the point of “undue hardship.” Undue hardship is the limit beyond which employers aren’t obligated to accommodate, considering factors like cost, health, and safety.
Keep in mind that employers are required to accommodate legitimate needs, not preferences. For instance, a single parent’s need to care for a sick child is usually a legitimate need. However, preferring to be the one who takes time off, despite having another parent available, might be seen as a preference. Employers can request reasonable documentation to support accommodation requests
The accommodation process is collaborative: employees request and support their need with documentation, while employers assess and explore accommodation options. This mutual effort ensures that the accommodations are practical, effective, and sustainable. Open communication, flexibility, and a willingness to find mutually beneficial solutions are key components of this process.
In Summary:
Employers must accommodate legitimate needs related to family status up to the point of undue hardship. To protect themselves:
- Seek Legal Advice: Consult an Employment Lawyer for guidance on accommodation requests.
- Document the Process: Keep detailed records of the accommodation process, including requests, assessments, and decisions.
- Explore All Options: Exhaust all reasonable possibilities for accommodation before claiming undue hardship.
- Communicate Clearly: Maintain open communication with employees throughout the process.
Remember, accommodation is a two-way street: employees must participate actively and provide necessary documentation. If you have questions or need additional support, please contact us at SHRP.
