Family Status Discrimination in Ontario: When Employers Cross the Line

Family status is protected under Ontario law — but not every workplace conflict involving childcare or caregiving is discrimination.

Family status discrimination occurs when an employer’s decision, policy, or refusal to accommodate unfairly penalizes an employee for legitimate family responsibilities.

This guide explains what qualifies as family status discrimination in Ontario, how to assess it, and what to do if your employer crosses the line.

What Is Family Status Discrimination in Ontario?

Ontario’s human rights legislation protects employees from discrimination based on family status.

An employer may discriminate when they:

• Apply workplace rules without considering family obligations
• Refuse their reasonable duty to accommodate without justification
• Penalize an employee for caregiving conflicts
• Treat family responsibilities as a “personal problem”

How Do You Know If It’s Discrimination?

Family status discrimination is usually assessed using a four-part test.

An employee must show that:

• They have a genuine family caregiving obligation
• A workplace rule or decision interferes with that obligation
• They made reasonable efforts to address the conflict
• The employer refused accommodation without undue hardship

When these elements are present, the refusal may be unlawful.

Common Examples of Family Status Discrimination

Family status discrimination often shows up in everyday workplace situations, including:

• Disciplining an employee for missing work due to unavoidable childcare emergencies
• Refusing schedule adjustments needed for daycare pickup or school hours
• Enforcing rigid start times without exploring alternatives
• Penalizing employees who care for aging or disabled parents
• Applying return-to-office policies without considering caregiving realities

What Is Not Family Status Discrimination?

Not every accommodation request must be granted.

An employer may lawfully refuse if:

• The conflict is minor or avoidable
• The employee hasn’t made reasonable efforts to find solutions
• Accommodation would cause undue hardship

Undue hardship is a high standard. Minor inconvenience, resentment from coworkers, or a preference for rigid rules is not enough.

Can You Be Disciplined or Fired for Family Status Issues?

You can’t legally be punished simply because you have caregiving obligations.

However, employers may discipline or terminate employees if:

• The employee refuses reasonable alternatives
• The conflict cannot be accommodated without undue hardship
• There are unrelated performance or misconduct issues

Is Termination for Family Status Discrimination Illegal?

It can be.

Termination may be unlawful if:

• An employer refuses accommodation and fires the employee instead
• The employee is pressured to quit due to inflexible policies
• Discipline escalates after accommodation is requested

What Should You Do If You Suspect Discrimination?

If you believe your employer is discriminating based on family status:

• Document requests and responses
• Ask for reasons if accommodation is denied
• Avoid resigning without legal advice
• Get clarity on whether refusal is based on undue hardship

When to Speak to an Employment Lawyer

You should seek legal advice from an Ontario employment lawyer if:

• Your employer refuses to discuss accommodation
• You’re disciplined after raising family status concerns
• You’re told accommodation is “not possible” without explanation
• Your job is at risk

Early advice can help protect your rights and prevent missteps.

Family status discrimination in Ontario is about fairness, not flexibility.
If workplace rules unfairly penalize you for legitimate caregiving responsibilities — and your employer refuses reasonable accommodation — the law may be on your side.

Samfiru Tumarkin LLP has helped more than 50,000 non-unionized employees across Ontario enforce their workplace rights when employers fail to follow the law.