![]() Similarly, those providing care to spouses with disabilities are entitled to accommodation on the basis of marital status. Therefore, individuals providing eldercare for ailing parents are entitled to accommodation on the basis of family status. It is the Commission’s position that the ground of family status includes care relationships between adult children and their parents. This may be a legal guardian, or an adult otherwise functioning as a parent, and may therefore include parent-child relationships formed by marriage and common-law relationships. Īn Ontario Board of Inquiry has enunciated the broad principle that the definition relates to being in a parent and child “type” of relationship, and thus includes situations in which someone is acting in the position of a parent to a child. The ground has been interpreted to include adoptive families, foster families, and non-biological gay and lesbian parents. In accordance with the principle that a broad and purposive approach must be taken to the interpretation of human rights, tribunals and courts have taken an expansive approach to the interpretation of the ground of family status. The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship. “Family status” is defined as “the status of being in a parent and child relationship.” “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships. ![]() ![]() The Code includes two grounds that provide protections for persons in relationships: marital status and family status. ![]()
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