Family Status Discrimination in Ontario: Caregiving, Work and Housing
Ontario's Human Rights Code protects people from being treated unfairly because of their family status, which means being in a parent and child relationship. That covers parents, and it also covers adults caring for an aging parent.
- Family status is a protected ground in employment, housing, services, contracts and membership in unions and associations.
- An employer or landlord may have to accommodate a real caregiving obligation, up to the point of undue hardship.
- The need has to be real and substantial. A preference or a convenience is not enough, and the person asking must also cooperate in finding a solution.
- An application to the Human Rights Tribunal of Ontario generally has to be filed within one year of the last incident.
What counts as family status
- Being a parent or a child, including a step, foster or adoptive relationship.
- A parent's duty to care for and supervise a young child.
- An adult child's duty to care for an elderly or sick parent.
- Related protections: sex and gender, which cover pregnancy, and marital status, which is separate.
At work
- Refusing to consider a schedule change, a different start time or time off because of childcare or eldercare, without looking at it properly, can be discrimination.
- Passing someone over for a promotion, cutting their hours or ending their job because they have, or are expected to have, caregiving duties can be too.
- The employer should ask what the person needs, look at the options and explain why it cannot be done, if it cannot.
- The employee should explain the obligation, say what is needed and look at reasonable alternatives, such as other childcare.
In housing and services
- A landlord cannot refuse to rent to someone because they have children, and an adults-only rule is generally not allowed.
- A rule that applies to everyone but has a worse effect on families can also be a problem.
- A business that sets rules about children or caregivers in a way that excludes people unfairly may have to change them.
Undue hardship
The Code lets an employer or landlord argue that accommodating the person would cause undue hardship, but it limits that to cost, outside sources of funding and health and safety. Inconvenience, customer preference or co-worker complaints are not enough on their own, and the burden of showing it is on the one who says it.
What to do
- Describe your obligation and what you need in writing, with dates, and ask for a response.
- Keep the replies, the schedules, the performance records from before and after, and the names of anyone who saw what happened.
- If it is not resolved, consider an application to the Human Rights Tribunal of Ontario within one year. See the guide on filing at the HRTO.
- Do not resign in anger before getting advice, because it can affect your remedies. See the guide on constructive dismissal.
Common questions
Does my employer have to let me work from home to look after my child?
Not automatically. If the need is real and substantial and the job can be done that way, an employer must consider it, and explain why not if it refuses.
What can I get if I win?
Remedies can include compensation for injury to dignity, lost wages and reinstatement, and orders for changes to a policy or practice.
Who can help. Licensed paralegals can represent applicants and respondents at the Human Rights Tribunal of Ontario.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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