Accommodations also need to be 'realistic and flexible'
More than a third (35 percent) of Canadian employees, who are also taking up the role of caregivers at home, have had to adjust their work schedules due to challenges in balancing work responsibilities with caregiving duties for their children and aging parents, according to a survey by Statistics Canada. Termed the “sandwich generation”, these middle-aged adults constitute a growing demographic feeling the strain of dual caregiving roles.
The survey also found that more than 25 percent opted to reduce their working hours. Legal obligations bind Canadian employers to provide accommodations for employees juggling family responsibilities, such as flexible working hours or access to elder care resources.
According to Andrew Monkhouse, attorney at Monkhouse Law in Toronto, employers must refrain from discriminatory practices related to employees' caregiving roles. Failure to meet these obligations could lead to accusations of discrimination under the Canadian Human Rights Act.
“Employers are prohibited from engaging in discriminatory practices during hiring, promotions, training, benefits administration, working conditions, or termination of employment based on an individual’s role in caring for a child or parent,” Monkhouse says.
Gayle Wadden, chief legal officer and co-founder of Compliance Works in Toronto, emphasizes that these protections aim to counter stereotypes about caregivers potentially being perceived as “less ambitious or less committed, or even less competent” due to added responsibilities at home.
Seeking accommodations from an employer
When seeking family status accommodations, employees are encouraged to explore caregiving options before approaching their employer, Wadden says. Subsequently, the employee may present their employer with a proposal, including any necessary documentation.
“The accommodation arrangement doesn’t have to be perfect, but it should be realistic and flexible. Employers need to be respectful about the request, as they haven’t walked in the other person’s shoes,” says Cissy Pau, principal consultant at Clear HR Consulting in Vancouver, British Columbia.
Employers are advised to consider various options to accommodate family obligations, including flexible work hours, remote work options, and unpaid leaves. However, Canadian companies are obligated to accommodate to the point of undue hardship, according to the Canadian Human Rights Commission, and if proven too costly or hazardous, they may refuse requests.
Preventing discrimination in the workplace
HR professionals are instrumental in preventing family status discrimination in the workplace, starting from the hiring process, Wadden adds.
“They should also ensure there’s no family status discrimination in workplace policies and practices. Discussions about family status accommodation can come up at any stage of the employer-employee relationship,” Wadden says.
“HR should have an understanding of how much information an employer can request about an employee. They also play a role in keeping that information private and safe, and limiting access to only those who need it.”
