The Human Rights Tribunal of Ontario  awarded  20 year old Jessica Maciel $35,000 this week after her employer fired her for revealing that she was pregnant.  The owner of Nino D’Arena salon in Mississauga, Ontario was ordered to pay Ms. Maciel $20,000 in lost wages and maternity leave benefits, as well as $15,000.00 as compensation to her dignity and feelings. The applicant was was four months pregnant when she started to work at the last August.  During her job interview she did not mention her pregnancy during her job interview, knowing if she divulged that information she would not have been hired.  During her first day she revealed that she was pregnant and she was escorted out 15 minutes later.  The Human Rights Tribunal ruled that the applicant’s pregnancy was “likely the only factor” in her firing. There news reports that Kate Sellar, lawyer from the Human Rights Legal Support Centre, noted  that that the Tribnual still receives many complaints concerning pregnancy and Human Rights.  She noted that the centre receives 40 calls a week from pregnant women that were fired once the employers knew that they were pregnant. This is unbelievable. It is difficult to believe that in 2009 employers still do not fully comprehend the potential ramifications and risk they face by discriminating against women. I represent many employers in the Halton and Mississauga regions (as well as employees) and during HR sessions we advise employers  that they have any maternity issues it is simpler to call us for a legal opinion rather than take chances.

Remember, if an applicant is successful in his or her application against an employer at the human rights process, that tribunal has broad remedial powers with respect to breaches of the Human Rights Code.  The awards can be devastating to your small business if you are found to have engaged in discriminatory behavior.   If you terminate someone because they are pregnant you may be liable for (but not limited to) damages for lost wages, damages to compensate for the right not to be discriminated against, and for mental distress. Since 2006, there is no longer a monetary cap on the amount of damages that can be awarded for mental distress.  Also remember individuals have one year from the date of the incident from which the application relates, or if there was a series of incidents, one year after the last incident in the series to apply to the Tribunal for relief. This is an extension of a further six months from the previous limitation period in the Code.

Be careful.

I am not your lawyer. Reading my blog does not constitute a solicitor client relationship.