Here is a blog post that is a must-read!!
“In a decision on a timeliness application, Parent v School District 2024 BCHRT 113, the tribunal confirms that parents can file a complaint under family status in connection with their child’s human rights discrimination case. I encourage you to read the decision in full.
They say this is not unique and cite Independent School Authority v. Parent, 2022 BCSC 570 as evidence that this has been confirmed before. The timeliness application was not rejected because the school doesn’t owe “a service” to the parents, as originally stated in a human rights complaint decision, which rejected parents being connected under family status in Habetler obo Habetler v. Sooke School District and B.C. (Ministry of Education), 2008 BCHRT 85
When you represent your child in a human rights complaint, any money received during a settlement or from a hearing decision will go directly to them. If you have any financial losses due to your child’s exclusion or emotional harm, then you have also experienced an adverse effect. So, parent(s)/guardians, you can submit a complaint just for you. This is BIG news. It hasn’t been tested at a hearing yet, but your complaint will be considered. It’s confirmed. It’s so possible the tribunal doesn’t even consider it unique. This absolutely needs to be done within the one year or it will not be accepted because…. And hold onto your hats, we are now moving into the shocking part of this decision.
Brace yourself.
The tribunal has declared with this decision, that parents who experience harm connected to their employment because of the discrimination their disabled child experienced at school, is not in the public interest to address this.”
To read the FULL Blog click below.
What really bothers me is that society seems to think it is ok to not have inclusive child care and education and just expect women to exit the workforce and give up their careers to be full-time caregivers and not get paid for that.
I’d like to know if a parent can file a human rights complaint under family status regardless whether their child’s situation would be deemed discrimination or not, but its discrimination to them.
- Do they have a protected characteristic?
– Yes. Family Status, Sex. (Child has a disability) - Did they experience an adverse effect?
– Yes. They had to quit school / work / emotional harm (high stress, etc) - Is their adverse effect connected to their protected characteristic?
– Yes. Their child is on reduced hours, or for other reasons of their own children being discriminated against, they left their work or school.
Now all we need is a parent who is willing to test the system….