Family Status Accommodation at Work: A Two-Way Street for Employers and Employees

In Ontario, the duty to accommodate is a fundamental part of human rights law. Under the Ontario Human Rights Code, employers are required to accommodate employees who face barriers related to protected grounds (such as family status, disability, religion, or gender) unless doing so would cause undue hardship.

In the case of Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) reinforced an important lesson for employers and employees alike: accommodation is a shared responsibility. If you’re an employer, an employment contract lawyer in Toronto can help you understand your legal obligations. Likewise, employees who believe they have been treated unfairly may want to consult a Toronto employment lawyer or wrongful dismissal lawyer for employment law advice.

This case offers practical insights into how the law is applied in real workplace scenarios – especially when accommodating childcare responsibilities.

Background of this Case

The employee, Vera Aguele, worked as a residential support worker for Family Options Inc., a company providing 24/7 housing and support services to adults with developmental disabilities. As a single mother, Ms. Aguele asked her employer for a schedule change to accommodate her childcare responsibilities. Specifically, she sought to avoid evening and weekend shifts.

Ms. Aguele claimed that the employer  failed to accommodate her family status and, in response to her requests, reduced her hours, which she argued amounted to constructive dismissal.

Understanding the Duty to Accommodate

Under the Ontario Human Rights Code, “family status” refers to the relationship between a parent and child. When an employee’s childcare obligations come into conflict with work requirements, the employer must try to accommodate the employee, provided the accommodation does not impose undue hardship on the organization. However, it also includes examples of people caring for aging parents or relatives with disabilities.

This duty requires both parties – the employer and the employee – to engage in good faith discussions and work together to find reasonable solutions. It is not a one-sided obligation.

An employment contract lawyer in Toronto can help employers draft employment contracts and workplace policies that meet these legal requirements and avoid costly legal disputes.

What the Tribunal Decided

The Human Rights Tribunal of Ontario used a three-part legal test to determine whether discrimination occurred:

1. Protected Characteristic: Does the employee have a characteristic protected by the Code (e.g., family status)?

2. Adverse Impact: Did the employee suffer a disadvantage or adverse treatment due to an employment rule or requirement?

3. Connection: Was the protected characteristic a factor in the disadvantage?

In Ms. Aguele’s case:

• She had a protected characteristic (family status as a single parent).

• She experienced a loss of income due to reduced shifts.

• However, the Tribunal found that she did not actively participate in the accommodation process.

As a result, the Tribunal dismissed her application, concluding that the employer had fulfilled its duty to accommodate.

How the Employer Met Its Legal Duty to Accommodate Employee’s Family Status

When Ms. Aguele initially requested a transfer to a different home with more day shifts, Family Options agreed. However, they explained that the new role required Saturday evening shifts from 4:00 p.m. to midnight.

Ms. Aguele then requested a Saturday shift from 9:00 a.m. to 3:00 p.m., which didn’t exist in the new location’s schedule. Family Options tried to offer alternative options, including:

• Working 9:00 a.m. to 9:00 p.m. every Saturday.

• A rotating weekend schedule, with shifts from 8:00 a.m. to 4:00 p.m. on both Saturday and Sunday.

Ms. Aguele refused all the options, insisting on her preferred schedule.

Family Options explained that her requested hours would require splitting existing shifts, disrupting care for their vulnerable clients and making it difficult to fill remaining hours. The Tribunal accepted this reasoning, finding that Family Options had made reasonable efforts to accommodate her, given their operational needs.

This case illustrates how employers can work within their operational constraints while still meeting their legal duties – something a severance package lawyer in Toronto or employment counsel can help navigate.

Key Lessons for Employers (and Employees)

1. Accommodation Is a Two-Way Street

Employers must make genuine efforts to accommodate, but employees are also responsible for participating in the process. Refusing all reasonable options and demanding only preferred accommodations will not be viewed favorably by the Tribunal.

This cooperative approach is central to employment law in Ontario. If you are unsure how to handle such situations, a Toronto employment lawyer can guide you through the process and help prevent future disputes.

2. Operational Limitations Matter

The duty to accommodate does not require employers to create new roles or schedules that do not exist. The Tribunal acknowledged that Family Options’ shift requirements were tied to the care of vulnerable clients, and creating custom shifts would cause undue hardship.

Employers are only required to provide all available reasonable accommodation measures – not perfect or ideal arrangements. A wrongful dismissal lawyer, constructive dismissal lawyer, or employment contract lawyer in Toronto can help employers define what “reasonable” looks like in practice.

3. Preference vs. Legal Obligation

There is a big difference between an employee’s preference and an actual need for accommodation. Employees are not entitled to their ideal working conditions. Rather, human rights law generally requires employers to accommodate up to the point of undue hardship by providing all available reasonable measures, not to fulfill every request.

For employees, understanding this distinction is crucial. If you believe your rights have been violated, speak with a Toronto employment lawyer to evaluate whether your situation meets the legal threshold for discrimination or wrongful dismissal.

Why This Case Matters

The Aguele decision is a wake-up call for both employers and employees. For employers, it reaffirms that taking reasonable steps to accommodate (even if not perfect) can protect them from legal liability. For employees, it highlights the importance of engaging in the accommodation process and being flexible.

Failure to cooperate or insisting on a single preferred outcome may result in a failed discrimination claim, as it did for Ms. Aguele.

Final Thoughts: Protect Your Rights and Responsibilities

Whether you are an employer seeking to comply with your legal obligations or an employee navigating issues like family status accommodation, it is essential to understand your rights and responsibilities under the Ontario Human Rights Code.

Legal issues involving accommodation can also intersect with other employment law concerns like wrongful dismissal, severance pay, or employment contract disputes. In these cases, getting advice from a trusted employment lawyer in Toronto is an important first step.

It is also important note to wait until dealing with a discrimination complaint, wrongful dismissal claim, or constructive dismissal claim – take proactive steps to understand your obligations, communicate clearly, and work collaboratively toward solutions.

Need Ontario Employment Lawyer Advice?

If you are dealing with a workplace accommodation issue, consult with a trusted Toronto employment lawyer. Whether you need guidance on severance packages, wrongful dismissal, or crafting legally compliant employment contracts, professional employment lawyer advice can help you stay protected and informed.

Call Toronto Employment Lawyer Now

It is important for an employee (or an employee) to obtain a legal consultation before taking any action that could affect the situation at workplace. Sezar has experience advocating for both employers and employees, which allows him to anticipate the other side’s arguments and develop an effective strategy, including termination of employment.

If you are looking for a wrongful dismissal lawyer in Toronto, call us today at 647-822-5492 for a case evaluation with an experienced employment lawyer.

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