As part of the series about how contemporary employment law in Ontario discriminates against young people we are going to examine how pregnancy discrimination is a problem that disproportionately impacts on young women and their families. It's a hidden issue that hasn't been properly addressed by government, the legal system, or employers. Every year thousands of women are discriminated against in workplaces, when interviewing for jobs, and in being terminated from their employment.
When a women faces a termination that involves perceived pregnancy discrimination in Ontario they have three choices in where to contest it: through the Courts (either the Superior Court of Justice or Small Claims Court ) under the Common Law (you can assert a human rights claim as well); through a complaint to the Ministry of Labour under the Employment Standards Act, 2000; or through the Human Rights Tribunal of Ontario under section 5.(1) of the Human Rights Code. All of these processes take a considerable amount of time and energy. On top of this there is the financial barrier that women face. If they want to use a private lawyer, often they will have to pay an upfront retainer fee, then an hourly fee going forward, and the risk and uncertainties that litigation brings. Considering the high cost of pregnancy and caring for newborn, women and their families face the possibility of being put under considerable financial strain if they wish to contest their termination. This is an access to justice issue that isn't well understood or acknowledged by the legal community.
Public policy and contemporary workplace law in Ontario inserts an unsettling high amount of economic risk into young families who face pregnancy discrimination. This isn't good for the health of the mother, child, or their partners. Pregnancy discrimination can also put relationships under strain at a time when families are undergoing changes from having to welcome a baby into the world. There are deeper structural issues that are impacted by pregnancy discrimination, which affects: demographics through affecting the population replacement rate; public health through forcing women to have children at an older age and increased health care costs; and forcing women into the welfare system after they lose the economic support from employment.
Another effect of the law could be viewed as stealth control by the Ontario Government of women's reproductive rights as there isn't an effective mechanism to enforce existing prohibitions on pregnancy discrimination. If women felt secure in their employment and in the labour market they wouldn't worry about losing their main means of economic support. This might change the low birthrate that presently exists in Ontario. Consider the other ways that government doesn't encourage citizens having children: an absence of a national childcare policy; prohibitive costs for post-secondary education that saddles young people with high debt levels; and making home ownership more expensive through tightening up mortgage rules.
For more information about this issue take a look at the following: the Ontario Human Rights Commission's Policy on Discrimination Because of Pregnancy and Breastfeeding; this great blog post on pregnancy discrimination by Donna Seale; and, the Ministry of Labour's website about Pregnancy and Parental Leave. For help related to pregnancy discrimination in the workplace contact the Human Rights Legal Support Centre or the Law Society of Upper Canada's Lawyer Referral Service.
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