Workplace woes for pregnant women

The 2010 report of the Manitoba Human Rights Commission reveals that the number of pregnancy discrimination claims in employment has increase significantly since 2008. Similar trends have also been noted in Alberta, Saskatchewan and Newfoundland.

Sex is also a prohibited ground of discrimination in Ontario, but the Human Rights Tribunal of Ontario does not keep statistics on what percentage of these claims relate to pregnancy.

In 2008, 36 per cent of complaints based on sex made to the MHRC were pregnancy-related. This increased to 67 per cent in 2009 and dropped back to 50 per cent in 2010. Although final 2011 statistics are not yet available, the MHRC’s Executive Director Dianne Scarth says pregnancy discrimination claims are on the rise again, running between a half and two-thirds of all sex-related applications this year.

Claims can occur early on during recruitment, once a woman is on the job and needs accommodation, or when she is ready to return to work after maternity leave. Many employers do not know that if they hire a maternity leave replacement and like her better, they are still obliged to bring the first woman back at the end of her leave.

While she would like to think it is because women are more aware of their rights, Scarth says the national trend suggests there is probably a bigger picture explanation. “Pregnant women are a very vulnerable group. My guess is that as the economy has tightened up, it is very much a reflection of the fact that it is harder to hang on to jobs than it has been in the past.”

Accommodation for a pregnant woman is short term, but some employers resist even simple requests for  accommodation like a cashier needing a stool or a medical report saying a pregnant employee can’t lift over a certain weight. “Some employers are worried that other employees will somehow perceive the accommodation as favouritism,” she continues.
 
Manitoba has a “pre-complaint conciliation process,” and where the incident is just a matter of lack of employer knowledge Scarth says these complaints can frequently be resolved in a matter of days. If a complaint is filed, mediation often takes place within a month. Over 50 per cent of the province’s claims are currently being mediated.

Ontario residents who experience pregnancy discrimination can file an application with the Human Rights Tribunal of Ontario. Like Manitoba, the HRTO also offers mediation by their own adjudicators but Executive Director David Draper says there is no simplified or expedited process. The HRTO’s public performance standard is that 75 per cent of applications accepted as complete will be resolved within one year.

Also read: Benefits continue during maternity leave  and Why one woman lost maternity benefits after a sabbatical.

 Sheryl Smolkin is a Toronto lawyer, writer and editor. She can be contacted through her website or you can follow her on Twitter @SherylSmolkin.