The complainant was hired as a child care worker by the respondent Catholic Children's Aid Society but was discharged the same day after disclosing he lived in a common-law relationship.
He filed a human rights complaint alleging discrimination based on marital status.
The Board of Inquiry dismissed the complaint, finding that the respondent's objection was to the complainant's lifestyle and sexual morality—specifically, living with a woman who was not his wife—rather than his legal marital status.
As sexual morality was not a prohibited ground of discrimination under the Code, the Board concluded the matter fell outside its jurisdiction and upheld the religious organization's right to apply its own moral standards.
