For parents who are concerned about losing their job due to parent responsibilities of raising their children, this is a step in the right direction.
“Vancouver, B.C. – On Friday, the B.C. Court of Appeal issued a decision that clarifies the circumstances in which parents and caregivers can seek accommodation in their workplaces.
The Court released their decision in Gibraltar Mines Ltd. v. Harvey, a case alleging discrimination against the mother of a young child by her employer. B.C.’s Human Rights Commissioner intervened in the case to address the legal test for family status discrimination in B.C.
‘Family status’ is a protected ground in B.C.’s Human Rights Code, prohibiting discrimination based on a person’s family situation, such as if a person is a caregiver for children or elderly parents. To determine whether family status discrimination has taken place, decision makers in B.C. have traditionally used a two-part test. This test asked whether the employer unilaterally changed a worker’s terms of employment and whether there was a serious interference with a substantial parental or other family duty as a result. The main issue before the Court of Appeal in Gibraltar was whether the law did, in fact, require a unilateral change to terms of employment as part of the legal test to establish discrimination.
Friday’s ruling means that employees can qualify for a workplace accommodation when any condition of their employment has an adverse effect on an important parental duty. Complainants are not required to show that their employer has changed their terms of employment. This is particularly important for parents of young children whose parental obligations may change during their employment and conflict with their workplace responsibilities.”
“The Court’s decision is welcome and is a significant win for gender equality in the workplace in many ways. It is an important step forward, but there remain outstanding issues that need to be resolved to ensure that mothers and other caregivers are able to access the full protection of human rights law.”Kasari Govender, B.C.’s Human Rights Commissioner
Dyslexia BC now has a blog and what are they posting about?
Some upcoming advocacy action. That’s what!
“Next week, starting on April 27, 2023 the British Columbia School Trustees Association (BCSTA) is having their 2023 AGM and they have a motion at the table submitted from the North Vancouver School Board (No.44) that is called “Learning Disability (Dyslexia) and Policy/Guidelines for Screening in Kindergarten.” To help support this motion we have written a letter to the BCSTA Board.”
To read the letters and support the very important motions, visit their blog at Dyslexia BC Blog
WOW! We have a new TRB Commissioner and she sounds fabulous!
“The British Columbia Commissioner for Teacher Regulation is Ana Mohammed. She is a trained lawyer, adjudicator and mediator with experience in administrative law and extensive experience in employment and human rights law.
Ana has practiced as a lawyer in the areas of administrative, criminal, employment and human rights law. She was appointed as a full-time member with the BC Human Rights Tribunal (BCHRT) from 2001 to 2006, where she heard and decided human rights complaints as a sole adjudicator, as well as conducted mediations and dealt with complaints at the prehearing and preliminary stages. A selection of Ana’s preliminary and final decisions may be viewed at the BCHRT’s website. Since 2007, Ana has also periodically taught human rights law as an adjunct professor at the University of British Columbia law school.
Ana has been the principal of a human rights and employment consulting firm since 2007, where she worked extensively with unionized workplaces in the private and public sectors, as well as with private and non-profit organizations. She is named on several collective and facilities agreements, including the BC college and university sector agreement, as a neutral third-party investigator and mediator, and has been engaged to do workplace assessments and industry troubleshooting work. Ana has designed and presented many human rights and employment education workshops for employees, union and employer personnel, board members and various executive bodies.
Ana is a mother of 2, and a first generation Canadian. She has lived and worked in 3 Canadian provinces since 1977. She brings a diversity, equity and inclusion (DEI) lens to all the work she does. She has extensive experience working respectfully and effectively with diverse populations.”