Elder Care: A New Human Rights Test

Senior citizens

Photo: Victoria Times Colonist

Elder care is considered in a test for evaluating family status accommodation requests in a recent tribunal decision.

In Devaney v. ZRV Holdings Limited, the Ontario Human Rights Tribunal provides some guidance, establishing a new test. Focusing on the distinction between the “preferences” and “needs” of employees, the tribunal also confirms that care for elderly parents falls within the scope of family status under the Code.

Devaney v. ZRV Holdings Limited, 2012 HRTO 1590 (CanLII)

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