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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am a small business owner. We have a sub contractor that

Customer Question

Hello. I am a small business owner. We have a sub contractor that uses a facility in our space. This sub contractor is pregnant and wishes to bring her baby with her to work after it is born. Our store is not a conducive or safe environment for an infant to be in. Can I tell her we won't allow this?
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.

Is she a tenant? Does she pay rent for the space? Or does she just work for you as independent contractor?

Customer: replied 5 months ago.
No she does not rent space. She is a pet groomer and takes a portion of the day's grooming sales. She uses mostly her own equipment
Expert:  Legal Ease replied 5 months ago.

You can tell her that you cannot accommodate her need of having a child in the premises. You can say that as the owner you don't believe it is safe to have a child there and either she has to make other arrangements for child care or terminate her contract with her.

Does that answer your question?

Customer: replied 5 months ago.
no when I spoke with Ministry of Labour they said something along the lines of needing to accommodate her family. I don't want to get into a situation where this becomes a human rights violation or anything.
Expert:  Legal Ease replied 5 months ago.

You have a duty to accommodate her so long as the accommodations are reasonable and so long as they do not cause you to undergo undue hardship.

You are saying that based on what you do the child will not be safe. This exposes you to potential legal liability and so you can take the position that this will cause you to undergo undue hardship.

If she filed a complaint with the Human Rights Tribunal you would have to prove that this will cause you to undergo undue hardship.

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