What is the test for discrimination on the ground of family status?
Canada (Federal), Canada
The following excerpt is from Seeley v. Canadian National Railway, 2010 CHRT 23 (CanLII):
The evaluation of whether there is discrimination on the ground of family status is carried out according to the test set out in Public Service Labour Relations Commission v. BCGSEU, 1999 CanLII 652 (SCC), [1999] 3 S.C.R. 3 (Meiorin), just as it would be for any other prohibited ground of discrimination. However, in recent years, the interpretation of the notion of family status has led to the creation of two distinct schools of thought. Some cases have adopted a broad approach towards the scope of family status, while other have taken a more narrow approach. In order to better understand what is included in the notion of family status we will review a certain number of these cases.
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