| ID: |
HARP-484 |
| Title: |
Discrimination against pregnant employees: an analysis of arbitration and human rights tribunal decisions in Canada |
| Source: |
Journal of Business Ethics, 9, F ’90, 143-9 |
| Parties: |
|
| Dispute Resolution Organ: |
|
| Year: |
1990 |
| Pages: |
0 |
| Author(s): |
Palaniappan Andiappan, Martha Reavley, S. Silver |
| Keywords: |
anti-discrimination, Canada, discrimination, economic, social, and cultural rights, employment, gender equality, human rights, non-discrimination, woman, family |
| Abstract: |
Public policy in Canada aims to prohibit discrimination against pregnant women in employment. A study was conducted of pregnancy discrimination cases that appeared in the Canadian Human Rights Reporter from 1980 to the end of 1987. Twenty arbitration grievance cases dealt with the refusal of sick leave or disability benefits because of pregnancy. The majority (55%) of the decisions dictated that pregnancy and the normal child-bearing delivery process do not constitute an illness entitling employees to sick leave benefits. Complaints adjudicated by tribunals involved denial of promotion because of pregnancy, denial of sick leave benefits, and termination of employment. The tribunals denied employer’s claims of increased costs of training alternate employees and negative attitudes of customers toward pregnant employees as justifiable grounds for refusing to hire or promote pregnant employees. They also ruled that not being pregnant is not a bone fide occupational qualification for most jobs. |
| Secured: |
False |
| Download Article: |
Available here |
Keywords: anti-discrimination, Canada, cultural rights, discrimination, economic, employment, family, gender equality, human rights, non-discrimination, social, woman
