Are you looking into workplace discrimination claims in BC? In this article, Rhonda Levy of Litter LLP talks about how the Court of Appeal affirmed that employees in British Columbia must now meet a high standard for showing family status discrimination. See the helpful video below.
The British Columbia Court of Appeal has made it more difficult for employees to prove family status discrimination in the workplace. This decision is significant for employers and employees, as it sets a higher threshold for claims related to workplace policies that impact caregiving responsibilities. The ruling clarifies what employees must demonstrate to succeed in these cases, explaining that minor inconveniences or preferences won’t be enough.
For years, employees arguing family status discrimination needed to show that a workplace policy or employer decision profoundly impacted their ability to fulfill caregiving duties. However, the Court of Appeal’s decision reinforces that this burden is not low. Employees must prove that the policy substantially interferes with their parental or caregiving obligations—not just a challenge or inconvenience.
Find alternative solutions for employment
This ruling aligns with other recent decisions across Canada that emphasize a stricter approach to these claims. Courts have increasingly focused on whether an employee has taken reasonable steps to find alternative solutions before asserting discrimination. If an employee hasn’t explored all possible options—such as adjusting their schedule, seeking external help, or negotiating with their employer—their claim may not hold up.
Take, for example, a case where an employee works evening shifts and claims that this interferes with childcare responsibilities. Under the new standard, they must demonstrate that no other reasonable childcare options exist despite their best efforts.
The claim is unlikely to succeed if they haven’t actively searched for alternatives or attempted to work out a solution with their employer. This approach reflects the courts’ growing reluctance to intervene in workplace policies unless there’s clear and unavoidable discrimination.
Change policies or grant accommodations
For employers, this decision provides clarity. It reinforces that they are not automatically obligated to change policies or grant accommodations unless an employee can prove significant hardship.
However, it also means employers must approach these situations thoughtfully. If an employee does present a legitimate case—where all options have been exhausted, and there’s a genuine conflict between work requirements and family obligations—employers must consider reasonable accommodations.
From an HR perspective, this decision highlights the importance of documenting accommodation requests and responses. Employers should engage in meaningful discussions with employees who raise concerns about family status and keep detailed records of these conversations. Proactively addressing issues before they escalate can help avoid legal challenges.
Workplace Discrimination Claims In BC
This ruling doesn’t mean family status discrimination claims are impossible to prove, but it does raise the bar. Employees with legitimate conflicts between work and family responsibilities must show concrete evidence of hardship and a lack of alternatives. Employers, in turn, should ensure their policies are fair while maintaining operational needs.
Rhonda Levy from Litter LLP explains the implications of this case in more detail. If you’re navigating a similar issue, whether as an employer or an employee, the video below offers valuable insights into how the legal landscape around family status discrimination is evolving in British Columbia.
