Child and Elder Care and the Duty of an Employer to Accommodate

With the ever increasing costs of child care and after school care, many families with a working mother are faced with the annual dilemma after calculating the “net “benefit, having taken these expenses into account, of justifying her continued employment.  In addition, (particularly, for the single “mom”) after making the decision to work, they are then presented with ever increasing family duties and expectations, logistical issues and unreasonable expectations or demands by the employer, when their “family” obligations interfere or conflict with their employment duties.

By now most employers should be aware that both federal and provincial human rights legislation prohibits discrimination in the workplace on grounds of race, religion, sex and age. Many employers are however unaware that the legislation also prohibits discrimination based upon a person’s family status, which includes childcare obligations.

The issue also arises occasionally with respect to elder care. As our parents’ age and as there is a tendency for them to live longer, their personal requirements and medical needs increase and it often falls on their adult children to address these concerns. Most often these issues are unscheduled and take the employee suddenly away from the workplace, which may create conflict with the employer.

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