Pregnancy Discrimination and Employer Liability: Lessons from Iskander v. 2363327 Ontario Inc.

In Iskander v. 2363327 Ontario Incorporated, the Human Rights Tribunal of Ontario found that the applicant’s dismissal shortly after disclosing her pregnancy constituted discrimination under the Ontario Human Rights Code (the “Code“). The Tribunal found that her pregnancy was a factor in her dismissal despite there being no concerns about her job performance. As a result, the Tribunal awarded the applicant $37,849 in damages.

The award included compensation for both the emotional harm the applicant suffered and the financial distress caused by her abrupt dismissal, which left her unable to qualify for EI maternity and parental leave benefits. The Tribunal noted that the applicant was a vulnerable worker whose pregnancy-related dismissal had a significant impact on her financial and emotional well-being, compelling her to rely on personal savings and family support. This case demonstrates the serious consequences of pregnancy discrimination in employment, both emotionally and financially.

In this case, the employer relied on a comment the applicant made on Facebook to assume she would not return to work post-maternity leave, although no conversation took place between the employer and the applicant about her future work plans. The Tribunal emphasized that making assumptions without direct clarification from the employee contributed to the discriminatory treatment. This decision serves as a reminder for employers to ensure their employment practices and policies comply with the Code, particularly around pregnancy-related issues, and to address concerns directly with employees before acting on assumptions. Employers must be particularly cautious when dismissing pregnant workers and should implement anti-discrimination training and policies to prevent similar violations.

Click here to access the decision: https://canlii.ca/t/k680c