In both cases, female employees sought accommodation from their employers to attend to their childcare responsibilities. In both cases, the employers refused the employees’ requests and forced the employees to either accept part-time work or an unpaid leave to care for their children. The human rights tribunal in Hoyt and the Federal Court in Johnstone found that the employees had been discriminated against on the basis of family status when they were denied full-time employment status. The employers failed to show that they would have suffered undue hardship by adjusting the female employees’ work schedules.
Johnstone v. Canada (Attorney General); Hoyt v. Canadian National Railway