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

The Code aims to create 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 way, 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 met. [...] It stated, “Discrimination on the basis of pregnancy is a form of sex discrimination because of the basic biological fact that only women have the capacity to become pregnant.”8 Section 10(2) of the Code states that, “The right to equal treatment without discrimination because of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant.” “Pregnancy [...] It includes the post-delivery period and breastfeeding.9 It also includes discrimination against a woman because she is of childbearing age and may become pregnant.10 The term “pregnancy” takes into account all the special needs and circumstances of a pregnant woman and recognizes that the experiences of women will differ. [...] The Tribunal ruled that discrimination because of a miscarriage is one form of discrimination because of sex, and that the employer had a duty to accommodate her pregnancy, which included her miscarriage, to the point of undue hardship.