What is the test for a prima facie case of workplace discrimination on the prohibited ground of family status?

Canada (Federal), Canada

The following excerpt is from Havard v. Treasury Board (Correctional Service of Canada), 2019 FPSLREB 36 (CanLII):

75 The test for a prima facie case of workplace discrimination on the prohibited ground of family status was set out as follows in Attorney General of Canada v. Johnstone, 2014 FCA 110 at para. 93 (“Johnstone-FCA”): [93] the individual advancing the claim must show (i) that a child is under his or her care and supervision; (ii) that the childcare obligation at issue engages the individual’s legal responsibility for that child, as opposed to a personal choice; (iii) that he or she has made reasonable efforts to meet those childcare obligations through reasonable alternative solutions, and that no such alternative solution is reasonably accessible; and (iv) that the impugned workplace rule interferes in a manner that is more than trivial or insubstantial with the fulfillment of the childcare obligation.

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