Ontario Human Rights Tribunal filing deadline
Cost to file HRTO application
Parents reporting work disruptions due to autism caregiving
Figures above: Human Rights Code, R.S.O. 1990, c. H.19 · HRTO Rules of Procedure · Autism Ontario, 2023 Family Survey
Guide values reviewed . Program amounts and eligibility can change; confirm them with the administering agency.
The Ontario Human Rights Code prohibits discrimination in employment based on family status. The Ontario Human Rights Tribunal and Canadian courts have established that family status includes the caregiving obligations of parents with disabled children. When a workplace rule or requirement creates a serious interference with a substantial parental obligation, the employer must accommodate.
The leading test comes from the Federal Court of Appeal in Canada (Attorney General) v. Johnstone (2014), which established that accommodation is required when: (1) a child is under the parent's care and supervision, (2) the childcare obligation engages the parent's legal responsibility (not merely a personal choice), (3) the parent has made reasonable efforts to meet the obligation through alternative means, and (4) the workplace rule interferes in a manner that is more than trivial.
For autism parents, this typically applies to therapy appointments during work hours, emergency school pickups for behavioral incidents, and managing acute situations that require immediate parental involvement.
Common accommodations for autism parents include: flexible start and end times, compressed work weeks (four 10-hour days), remote or hybrid work arrangements, modified break schedules to make therapy-related phone calls, unpaid leave for crisis situations, and the ability to make up missed hours rather than using vacation time.
When requesting accommodations, document the caregiving need with specificity — for example, "My child has twice-weekly ABA therapy from 3:00-5:00 PM that cannot be rescheduled because there is a 14-month waitlist for the therapist." Concrete, specific requests are more likely to be approved than vague appeals for flexibility.
If your employer refuses to accommodate, document all requests and responses in writing. Ontario provides two formal remedies: filing a complaint with the Ontario Human Rights Tribunal (no cost, must be filed within one year) or grieving through your union if applicable.
The Ontario Human Rights Legal Support Centre provides free legal advice and representation for human rights claims. Autism Ontario may also be able to connect you with employment law resources specific to disability-related family status claims.
Ontario Human Rights Commission
Policy on Family Status Discrimination, updated 2024
Canada (Attorney General) v. Johnstone
2014 FCA 110 — leading case on family status accommodation for disability-related caregiving
Written by Spencer Carroll
Founder & Autism Advocate
Evidence on this page
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$200/month
The Canada Disability Benefit provides up to for eligible Canadians with disabilities
89,799
children are registered in the Ontario Autism Program
1 in 50
According to the 2019 Canadian Health Survey on Children and Youth, about children and youth aged 1 to 17 in Canada had an autism diagnosis
23%
Only 20,633 children have active funding agreements — less than one in four
WHO recommends accessible, community-based early interventions for children with autism — timely evidence-based psychosocial interventions improve communication and social engagement