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Single dad faces human rights complaint for not hiring male babysitter after inquiring about his gender and age

The parent, who has only been identified as Todd F is being scrutinized by the Alberta Human Rights Commission after the candidate complained against him
UPDATED APR 9, 2020
(Source : Getty Images)
(Source : Getty Images)

A single dad in Canada has come under fire for potentially violating his province's Human Rights Act by enquiring about the sex and age of a babysitter candidate. The parent, who has only been identified as Todd F is being scrutinized by the Alberta Human Rights Commission after the candidate complained against him. The incident occurred in 2017 when Todd's kids, both boys, were five and eight.

The father had posted the ad looking for a babysitter on a popular site named Kijiji to help with their services when he went out to meet a friend the following night.  "babysitter wanted for evening Friday, September 1", he had reportedly posted. This particular applicant James Crynowski had vital skills like CPR and first aid on his resume. He also did not have a criminal record and had seven-years work experience. Todd is then said to have asked Crynowski his age and gender and where he lived to which he had replied, "I’m male and 28 years old." He did not hear from the dad after that. 

According to Todd, the dinner plans got canceled and he didn't require Crynowski's services anymore. However, the candidate did not check with the father and instead filed a complaint with the Human Rights Commission claiming that he had been discriminated based on his sex and his age.

Speaking to the Edmonton Journal on Saturday, August 24, Todd said, "There have been many sleepless nights. I did not realize that people could object to me finding out all the relevant information I can about a potential babysitter, including their age and sex. I thought I was doing what was best for my young children."

The Justice Centre for Constitutional Freedoms, a Canadian conservative legal advocacy organization specializing in Canadian constitutional law, is representing Todd pro-bono and has asked the Commission to dismiss the case. 

"Thwarting parents from even inquiring about a babysitter's gender or age is inconsistent with giving 'utmost deference' to parents’ preferences concerning a babysitter for their children," the letter sent by the Justice Centre stated. "It is also inconsistent with the fact that both gender and age may each be bona fide occupational requirements in this context."

"It is unclear why the Human Rights Commission has now accepted Cyrynowski’s complaint against Todd, giving the precedent set by the test case," John Carpay, Justice Centre president and lawyer, said in a statement.

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