"24/7 Operations And Childcare Responsibilities – An Employer's Obligation", 13 May 2015

The definition of “family status” under human rights legislation continues to be one of the hottest topics in Canadian employment law...At Arbitration, SMS Equipment Inc. (the “Employer”), was found to have discriminated against an employee…on the basis of family status pursuant to the Alberta Human Rights Act (“AHRA”) because it required her to work rotating day and night shifts. The Employer was found to have an obligation to accommodate the Employee with respect to her childcare duties. Judicial review of the Arbitration Award was sought by the Employer... [The Court] found that the Employer did not establish the rotating shifts to be a bona fide occupational requirement...[T]here was evidence that it had previously allowed other employees to work exclusively night shifts...[E]mployers are required to accommodate employees with legal childcare obligations...however the legal test to be applied with respect to “family status” appears to be dependent on the jurisdiction…