DISCRIMINATION BECAUSE OF PREGNANCY IS AGAINST THE LAW IN EMPLOYMENT, Conflict Matters by
Cecil Norman, B.Sc. M.A.

The Ontario Human Rights Code is a provincial law that recognizes the dignity and worth of every person. The Code defines the situations where discrimination is not allowed.

The Code protects women from discrimination and harassment because of sex, including pregnancy, sexual harassment, gender identity and family status – the relationship between a parent and child. The ground of family status protects non-biological parents and child relationships, including adoption, step-parent relationships, foster families, and non-biological lesbian and gay parents.

In Ontario, it is against the law to discriminate because a woman is or was pregnant, because a woman is trying to become pregnant or because a woman has had a baby.

It is against the law in employment for an employer to ask during a job interview if a woman is pregnant, has a family or is planning to have a family, or whether a woman’s responsibilities may limit her availability. It is also against the law for an employer to terminate, demote, refuse to train or lay off a woman because she is pregnant.

Questions about the ability to travel or irregular working hours may reveal the family status of women and have the effect of screening out some women for jobs. These questions are not allowed unless they are bona fide occupational requirements.

In employment, pregnant women have the right to be free from harassment, i.e. insulting comments by coworkers or customers about them or their work that are related to pregnancy.

Discrimination because of pregnancy is often based on common negative stereotypes and attitudes that: pregnant women will not work productively and effectively during their pregnancies; accommodating the needs of pregnant women will be onerous; it will be excessively burdensome to deal with the pregnant employee’s maternity leave; pregnant woman will generally not return to work after their maternity leave; if women do return from maternity leave, they will no longer be desirable employees.

Employers have the duty to ensure that the workplace is free from all forms of harassment. Employers have the responsibility to accommodate women who have special needs because of pregnancy. Employers may have a duty to accommodate the needs of breastfeeding mothers.

In employment, accommodation is about dignity and respect. Employers are required to act in a manner that recognizes the privacy and comfort of pregnant women, those who are trying to get pregnant or who are breast-feeding a child.

In the workplace, women may have special needs because they want to become pregnant, are pregnant or are nursing babies. Their special needs (accommodation) may also rise from any of the following: complication because of pregnancy or childbirth, miscarriage, abortion, fertility treatments, recovery time from childbirth and breastfeeding a child.

Women cannot be discriminated against in getting and keeping a job, promotion, or a raise. Women have the right to be free from harassment because of sex in the workplace. The Code also prohibits reprisal or threat of reprisal because a person has claimed rights or taken part in a proceeding under the Code or a person has refused to infringe on another’s rights.

Employers should take positive steps to ensure that their workplaces are free of discriminatory attitudes and stereotypes and that they are welcoming to women who are trying to become pregnant, are pregnant, or are nursing babies.

The Human Rights Tribunal of Ontario is the body responsible for resolving Applications filed by individuals who claim that they have experienced discrimination or harassment. In most cases, the Tribunal will try to help both sides reach an agreement that settles the Application.

If you believe that your rights have not been respected, and that discrimination has happened to you, then you have the right to file a Human Rights Application with the Human Rights Tribunal of Ontario (HRTO). When you do this, you are the Applicant. The people or organizations responsible for the discrimination are the Respondents. Your Application to the HRTO should be filed within one year of the most recent incident.

If you have questions about any aspect of human rights, please contact the Human Rights Tribunal of Ontario at 655 Bay Street, 14th Floor, Toronto, Ontario.

Cecil Norman is Director, Conflict Resolution at Human Rights Advisory Services. Cecil holds a Masters Degree in Conflict Resolution and specializes in human rights in employment. His column on Conflict Matters appears monthly. You may reach him directly at his practice, Human Rights Advisory Services Inc. Email: cnorman@hras.ca

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