Problem
Joyce, who was on her third maternity leave, requested permission to telecommute after she returned to work in order to continue breastfeeding for a second year. In the past, the parties had agreed to short-term telecommuting arrangements (e.g., one day a week), but the parties were now unable to agree to a longer-term plan, despite discussing various alternative options. For example, one of these possible arrangements involved Joyce working in the office three days a week (working from home the other two days) and breastfeeding her child at a nearby daycare centre twice during the days she went to the office. However, this arrangement was unacceptable to the employer, as Joyce wanted the time spent breastfeeding to be included in her paid hours. As its operational concerns remained, the employer eventually denied her request. Joyce filed a grievance (as a unionized employee), claiming she had been discriminated against on the basis of sex and family status. Question - Has the employer discriminated against Joyce on the basis of family status?