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Johnstone asked the agency to accommodate her childcare needs by allowing her to work more stable shifts.The agency declined, saying the only way to maintain a static schedule was to cut back to part-time hours.

They submitted their final report – “About Time: Flexible Working” at the end of 2001 and this has formed the basis of the Act which covers eligibility & procedural requirements.

Rudner predicted cases involving elder care will surface in court before too long.

One of the key non-discrimination requirements of Title I of the ADA is the obligation to provide reasonable accommodation for employees with disabilities.

Johnstone filed a complaint that ultimately came before the Canadian Human Rights Tribunal in 2010.

The tribunal ruled in her favour, saying the agency had discriminated against Johnstone on the basis of her family status.

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