In a recent case before the Human Rights Tribunal of Ontario, an adjudicator awarded a woman $35,000 in damages after she was fired on her first day of work for revealing that she was pregnant. The award included compensation for lost wages, maternity leave benefits, pre-judgment interest and $15,000 for injury to her dignity, feelings and self-respect. Jessica Maciel, 20, a recent graduate with a business diploma, was hired to work as a receptionist for two related hair salons in the Erin Mills Town Centre, west of Toronto. She was just over four months pregnant at the time. According to the evidence provided, Maciel informed her employer about her pregnancy on her first day on the job and was fired shortly thereafter. The employer did not deny firing Jessica on her first day but claimed it had nothing to do with her being pregnant.
The tribunal adjudicator was not persuaded by the employer's evidence during the hearing and ruled that Maciel had made out a prima facie case of discrimination on the basis of sex (pregnancy), contrary to the Ontario Human Rights Code. The adjudicator noted that under Section 45.2(1) of the code, the tribunal is authorized to order compensation for injury to dignity, feelings and self-respect, and notably, that there is no ceiling on the amount of such compensation that can be awarded.
The employer was also ordered to prepare a written policy on accommodating pregnant employees and maternity/parental leave practices consistent with their obligations under the code and the Employment Standards Act.
You can read this verdict at: http://www.canlii.org/en/on/onhrt/doc/2009/2009hrto1804/2009hrto1804.html. |
