Pregnancy Discrimination: A Growing Concern in Canadian Workplaces

Losing your job when you are a parent is difficult enough, but imagine losing it at a time in your life when you feel extra vulnerable, while pregnant and starting a family. Unfortunately, this is the reality for thousands of women who get laid off or terminated while pregnant. While pregnant employees were once considered “untouchable”, the reality is that layoffs and job loss happen to them as well, and pregnancy is no protection from unlawful dismissal.  

Take Andrea, a 34-year-old employee who lost her job while pregnant in 2020. She had worked as a marketing manager at a tech company for two years and initially felt supported during her first pregnancy. She worked for 2 years before taking a one-year maternity leave with her first child. During this time, she could only rely on government-provided EI for financial support since her employers didn't provide any top-up or financial assistance during her parental leave. 

However, upon returning to work— having recently discovered she was pregnant with her second child—she encountered a drastically different environment. 

"I came back to a new manager who wasn’t as supportive," she said. Negative comments from colleagues, including dismissive remarks like, 'Oh, you’re pregnant again?' added to the hostile atmosphere. 

As her pregnancy progressed, the situation worsened. The new manager began scrutinizing the work she had previously received stellar reviews for. The unfair treatment reached its peak when HR and the company's corporate lawyer called her into a meeting.  

At eight months pregnant, she was terminated from her job. "It was horribly humiliating and sad,” she shared. The company cited vague and unsubstantiated reasons for her dismissal, leaving her blindsided during an already vulnerable time. 

Adding to the pressure, her husband had recently lost his job too. Financial constraints forced her to accept a small settlement because she couldn’t afford to continue fighting a battle against a money-backed employer.  

Pregnancy Discrimination is Illegal, Yet it Persists.

In 2021, a study was conducted on 1,090 Canadian women who had taken maternity leave from their workplace in the last 10 years. This study by Moms at Work found that 33% of women reported they were discriminated against due to being or becoming a mother in the workplace. Like Andrea, they faced poor treatment and demeaning remarks, and like Andrea, some were even laid off.

Many can relate to Andrea's experience. Pregnancy discrimination still reigns in Canadian workplaces; earlier this year, a former Canadian tech employee sued Google for being fired for her pregnancy. Read the full article here. 

As a sole individual, fighting against a company protected by its financial power feels impossible. Their unlimited resources are built to drain you in legal battles.

Andrea's advice to others? Seek legal representation from employment law firms like Lecker & Associates, which operate on a recovery basis. “They only charge when you win your case, which helps remove the stress of legal fees while fighting for your rights.”

Since her wrongful dismissal, this former tech company employee has launched her own business. She is committed to the fair and inclusive work environment she has created. 

We hope her story encourages you to stand up for your rights and seek support from the right places when faced with discrimination. 

Expert Advice from Lecker & Associates

Pregnancy-related dismissals violate employment rights and can place undue stress on mothers balancing work and family. It’s akin to driving through a stop sign at a school district in legal terms.  Damages can include loss of pay, benefits, severance, compensation for mental distress and even reinstatement. Yet, for some reason, in recent years, some employers still either flout the laws or ignore the risks.

Jared Lecker, an employment lawyer at Lecker & Associates, stresses the importance of protecting mothers' rights. “We want to protect women's rights to cultivate a family, and we want people to not worry about their job when they're going to start a family.” 

For those concerned about legal costs, Lecker offers reassurance that employment lawyers work on a contingency basis, meaning you don’t pay upfront; fees are only collected based on the recovery at the end of the case. “It is beneficial to have someone in your corner who can guide you through the process and work with you to help get what you feel you're owed.” 

A common concern is whether to disclose a pregnancy to an employer, and Lecker stresses the importance of doing so. Without this communication, it’s more difficult to pursue a pregnancy-related discrimination case. Our goal with this discussion is not only to shed light on the issue of pregnancy dismissals but also to make employment lawyers more accessible for those seeking justice.

If you're facing pregnancy discrimination or wrongful termination, there are employment lawyers ready to fight your corner.

Download our free eBook on employee rights to learn more about your protections and options: Laid Off, Not Left Out: Your Guide to Severance, Benefits, and More