Policy on discrimination because of pregnancy and breastfeeding : Politique sur la discrimination fondée sur la grossesse et l'allaitement

Once the employer is aware of what accommodation is required, the employer has a duty to take the necessary steps to accommodate the special needs and circumstances of the pregnant employee, up to the point of undue hardship, in a timely manner. [...] The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community. [...] At the same time, the Policy interprets the protections of the Code in a broad and purposive manner, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are attained. [...] As per s. 45.6 of the Code, if a final decision or order of the Tribunal is inconsistent with a Commission policy, in a case where the Commission was either a party or an intervenor, the Commission may apply to the Tribunal to have the Tribunal state a case to the Divisional Court. [...] It is important to note that there is no requirement that the individual have objected to the harassment at the time, in order for a violation of the Code to exist, or for a person to claim their rights under the Code.