What happened
Three retired RCMP members had temporarily reduced their hours through job-sharing while managing childcare responsibilities. The pension plan did not let them buy back full-time pension credit as members taking certain leave without pay could.
What the Court decided
In **Fraser v. Canada (Attorney General), 2020 SCC 28**, the majority held that the rule violated section 15(1) of the Charter. Although neutral on its face, it disadvantaged a group composed overwhelmingly of women with children and perpetuated economic disadvantage connected to women’s unequal share of childcare. The Court declared a breach and left the remedial method to government.
Binder HR analysis
Equality review cannot stop at identical wording. Employers and plan sponsors should test how scheduling, leave, job-sharing and benefit-accrual rules operate across groups. That does not make every benefit difference discriminatory; it requires evidence about participation patterns, historical disadvantage and how a rule distributes a workplace benefit.
The same lens can apply to eligibility thresholds for bonuses, insurance, promotion or training. Review should use reliable workforce data and the legal framework governing the organization.
Source: Supreme Court of Canada, **2020 SCC 28**. General information only.