Family-status discrimination is ‘minefield’ for employers

Picture of family

By Julius Melnitzer | January 18, 2021

Confusion as to what constitutes family-status discrimination in Canada continues to vex employers.

“The Supreme Court of Canada had an opportunity to create a uniform test across the country in 2019 but chose not to hear the case,” says Gary Clarke, the Calgary and Vancouver-based national co-head of Stikeman Elliott LLP’s employment and labour group. “That was surprising because some of the provincial tests incorporated concepts the court had previously rejected.”

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