pregnancy

Lack of evidence works against employer at the HRTO

September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

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Abrams v. Kupar: Pregnancy not a factor in short-term employee’s termination

January 29, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights

In the matter of Abrams v. Kupar, the applicant, who was pregnant at the time, was terminated from a new job. The applicant believed it was due to the fact that she was pregnant. The respondent alleged that the termination had nothing to do with her pregnancy, but rather that the employee was not suited for the job. The matter was heard at the Human Rights Tribunal of Ontario. The Tribunal’s decision was in favour of the respondent.

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Pregnancy and the burden of proof: Grudonic v. Ray Daniel Salon & Spa

September 27, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

In an application under s. 34 of the Ontario Human Rights Code, the burden of proof lies with the applicant. Once the applicant has established a prima facie case of discrimination, the burden then shifts to the respondent to justify their conduct.

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Sloan v. Just Energy Corporation: Pregnancy and fairness under the Code

August 30, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

The Code protects employees from discrimination based on various protected grounds. One of the more difficult of these may be pregnancy, as often the question becomes not whether or not the applicant was pregnant, but rather when the employer became aware of the pregnancy, and whether or not the pregnancy was a factor in the employee’s termination.

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Can an employee “sign away” their human rights?: Brown v. Prime Communications Canada Inc.

July 27, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

The question of “can an employee “sign away” their human rights?” became relevant in a recent case. After signing a release with her employer, the Applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code.

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Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

March 30, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

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Lugonia v. Arista Homes: Pregnancy, short-term contracts and the “Code”

January 27, 2015 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

In the summer of 2013 the applicant, Amanda Lugonia, began a new job at the same time she discovered she was starting a new family, the result of which was instant dismissal from her new employer. The respondent denied that the applicant’s pregnancy was a factor in the termination of her employment and in addition denied knowledge of the pregnancy, claiming the reason for her termination was due to lack of “fit”.

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Most-viewed articles this week on HRinfodesk

July 25, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The three most viewed articles on HRinfodesk this week deal with the duty to mitigate; how the employer’s failure to ask an employee about questionable expenses prior to termination means no just cause; and how an employer and manager were both liable for human rights violation against a pregnant employee.

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Workplace accommodation: what about before birth?

July 10, 2012 Adam Gorley Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits

When an employee is going to have a child, an employer needs to prepare for the worker’s eventual leave of absence, particularly if the employee is the mother, but increasingly for fathers, too. But important changes happen to expecting employees long before their baby is born, and employers should understand this and consider how these changes will affect the workplace.

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$450-million EI class-action lawsuit

February 8, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits

The federal government is facing a $450-million class-action lawsuit for failing to provide sickness employment Insurance benefits to women already receiving maternity EI benefits while on maternity leave. The aim of the lawsuit is to ensure no other new mother who becomes seriously ill during maternity leave has to fight for sickness benefits.

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The underrepresentation of women in the workplace

October 22, 2010 Christina Catenacci Human Resources, Recruiting and Hiring

I just read an interesting report about women in the workplace. Essentially, the report suggests that women remain underrepresented relative to their male counterparts, even though they form a highly educated and skilled labour pool in the market. Given the skills shortage that is expected to occur in the near future due to mass retirements of senior baby boomer workers, this is an unsettling finding. But why is this happening?

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Breastfeeding at work

August 4, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Human Rights

Across Canada, human rights legislation protects people from discrimination and harassment based on sex/gender; this protection includes pregnancy and breastfeeding. It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby or might become pregnant.

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Could human rights law increase some kinds of discrimination?

December 23, 2009 Adam Gorley Human Resources, Human Rights

Here’s a question that probably few lawmakers are interested in asking themselves: does human rights legislation make the people it is designed to protect less desirable to employers?

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Tribunal awards $35,000 to fired pregnant employee

November 11, 2009 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources, Human Rights

The Ontario Human Rights Tribunal recently awarded a woman $35,000 after her employer fired her when she revealed on her first day of work that she was four months pregnant. (The award covered $20,000 in lost wages and benefits, and $15,000 for injury to dignity, feelings and self-respect.) In addition to the damage award, given the overwhelming number of women working for the employer, the tribunal ordered the company to implement and distribute a written policy on the accommodation of pregnancy to ensure future compliance.

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