Ontario tribunal diverges on family status

Says test for discrimination should be same in all cases
By Sarah Dobson
|Canadian HR Reporter|Last Updated: 01/23/2017

A recent human rights case in Ontario has diverged from recent case law when it comes to family status accommodation, suggesting there should not be a different test for family status discrimination than for other forms of discrimination, and limiting human rights protection to legal responsibilities — as opposed to personal choices — imposes an “unduly onerous burden” on applicants.

The tribunal also disagreed on the role self-accommodation plays when determining discrimination.

The case concerned Tonka Misetich, an employee at Value Village Stores hired in 2006 who developed repetitive strain injury in her left hand and arm, and so was offered a new position in 2013.