In Ontario, employers have a legal duty to accommodate employees based on family status under the Ontario Human Rights Code. This includes obligations that arise from caring for aging parents—a responsibility increasingly common among working adults.
A recent decision from the Human Rights Tribunal of Ontario (HRTO) reinforces this point: employers must not dismiss or discipline employees for eldercare responsibilities without first considering accommodation options.
Case Overview: Eldercare and Employment Don’t Have to Conflict
The applicant in this case was a long-serving architect with ZRV Holdings Limited, having worked for the company for 27 years. Over the final four years of his employment, his mother developed serious health issues, and he became her primary caregiver. This included frequent absences from work to accompany her to medical appointments and provide day-to-day care.
Eventually, the employer terminated the employee for absenteeism.
However, the Tribunal found that:
- The employer was aware of the applicant’s caregiving role;
- The employer made no attempt to discuss his eldercare obligations or explore accommodations;
- The absences did not significantly affect the applicant’s job performance or his team’s productivity;
- The applicant remained accessible by phone and email during his absences.
Tribunal’s Findings: Discrimination Based on Family Status
The HRTO concluded that the applicant had been discriminated against on the basis of family status, a protected ground under the Human Rights Code.
Notably, the Tribunal addressed a common employer argument: that caregiving is a “choice”. In this case, the Tribunal rejected that reasoning and found that:
- Because the applicant was the only available caregiver, he was effectively required to care for his mother;
- His caregiving duties were not optional, but a necessary and unavoidable responsibility.
The Tribunal held that the employer had a duty to accommodate and should have meaningfully explored flexible work arrangements or alternative solutions before resorting to termination.
Key Takeaways for Employers
- Family status accommodation includes eldercare: Employers must treat caregiving obligations for elderly family members similarly to other Code-protected needs (like disability or religion).
- Engage in meaningful dialogue: If you’re aware an employee is caring for an aging parent, you are legally obligated to discuss accommodation options before taking disciplinary action.
- Assess the real impact: Consider whether the absences meaningfully impair the employee’s performance. Flexibility—such as remote access—may be a reasonable accommodation.
- Document efforts to accommodate: If accommodation proves unworkable, it is critical to show that you tried to find a solution before termination.
Protect Your Workplace from Risk
This case is a clear reminder: failing to accommodate family caregiving responsibilities may result in legal liability and reputational harm.
At Singh Lamarche LLP, we help both employers and employees navigate workplace accommodation issues with confidence. Whether you’re managing a team or caring for a loved one, we can help you understand your rights and responsibilities under Ontario’s Human Rights Code.
Contact us today for practical, effective guidance on eldercare and employment accommodation.
