A federal labor board has ruled that employees who rely on daycare cannot claim discrimination if their work schedules interfere with their childcare arrangements, emphasizing that parenting decisions are a matter of personal choice."One of a parent’s legal responsibilities is to care for his or her child," wrote David Olsen, an adjudicator with the Public Sector Labour Relations and Employment Board. "How they fulfill it is a question of choice."Blacklock's Reporter says the ruling came in response to a complaint from a Department of Transport inspector who argued that a change in his work schedule discriminated against him due to his childcare obligations. The inspector's schedule was altered from three 12-hour days to five 7.5-hour days, a change he claimed created a dilemma between providing care for his children and meeting work demands."It felt like we were going to potentially be left with some really hard decisions between caring for our children or feeding our kids," the inspector wrote to management, noting the challenges he and his wife, also a Department of Transport employee, faced in finding licensed daycare near their home in Hockley, Ontario.However, the labor board found that the union contract's provisions against discrimination on grounds such as "family status" or "marital status" did not apply to the inspector's situation."The grievor’s legal responsibility was to provide care for his child," Olsen wrote in the decision. "How he decided to fulfill that responsibility was a question of choice as there was no evidence that the child had particular needs. The grievor’s personal choice or preference are not protected characteristics."The ruling adds to a series of mixed legal precedents regarding parental claims in the workplace. For instance, in 2013, the Federal Court ruled that Canadian National Railways violated the Canadian Human Rights Act by dismissing an employee who refused a transfer due to a lack of childcare for her preschool-aged children. The court found it to be a "prima facie case of discrimination based on family status."In contrast, the Federal Court of Appeal in 2015 dismissed a discrimination claim by a Department of Industry employee seeking permission to breastfeed during work hours. Justice Johanne Trudel ruled that breastfeeding during working hours was "a personal choice," not a legal obligation, thereby not qualifying as a basis for discrimination.
A federal labor board has ruled that employees who rely on daycare cannot claim discrimination if their work schedules interfere with their childcare arrangements, emphasizing that parenting decisions are a matter of personal choice."One of a parent’s legal responsibilities is to care for his or her child," wrote David Olsen, an adjudicator with the Public Sector Labour Relations and Employment Board. "How they fulfill it is a question of choice."Blacklock's Reporter says the ruling came in response to a complaint from a Department of Transport inspector who argued that a change in his work schedule discriminated against him due to his childcare obligations. The inspector's schedule was altered from three 12-hour days to five 7.5-hour days, a change he claimed created a dilemma between providing care for his children and meeting work demands."It felt like we were going to potentially be left with some really hard decisions between caring for our children or feeding our kids," the inspector wrote to management, noting the challenges he and his wife, also a Department of Transport employee, faced in finding licensed daycare near their home in Hockley, Ontario.However, the labor board found that the union contract's provisions against discrimination on grounds such as "family status" or "marital status" did not apply to the inspector's situation."The grievor’s legal responsibility was to provide care for his child," Olsen wrote in the decision. "How he decided to fulfill that responsibility was a question of choice as there was no evidence that the child had particular needs. The grievor’s personal choice or preference are not protected characteristics."The ruling adds to a series of mixed legal precedents regarding parental claims in the workplace. For instance, in 2013, the Federal Court ruled that Canadian National Railways violated the Canadian Human Rights Act by dismissing an employee who refused a transfer due to a lack of childcare for her preschool-aged children. The court found it to be a "prima facie case of discrimination based on family status."In contrast, the Federal Court of Appeal in 2015 dismissed a discrimination claim by a Department of Industry employee seeking permission to breastfeed during work hours. Justice Johanne Trudel ruled that breastfeeding during working hours was "a personal choice," not a legal obligation, thereby not qualifying as a basis for discrimination.
