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ARTICLE · 01 JULY 2026

Pregnancy Discrimination In Canada Remains An Ongoing Workplace Issue

Thompson Dorfman Sweatman LLP
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Canadian law has evolved significantly since the Supreme Court's 1989 decision in Brooks v. Canada Safeway Ltd., which recognized pregnancy discrimination as a form of sex discrimination. Yet despite comprehensive human rights protections across federal, provincial and territorial jurisdictions, pregnancy discrimination continues to appear before tribunals nationwide, manifesting in terminations, hiring refusals, reduced hours, and failures to accommodate pregnancy-related workplace needs.

CanadaEmployment and HR
Kali Faingold
Kali Faingold
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Despite legal progress since the landmark Brooks decision, pregnancy discrimination remains a persistent workplace challenge. A review of forty human rights decisions from 2018 to 2023 demonstrates that pregnant employees still face systemic barriers, including sudden terminations and accommodation failures. With direct evidence rarely available, modern tribunals increasingly rely on circumstantial facts and timing to infer discrimination.

From Bliss to Brooks and Beyond: A Contemporary Analysis of Pregnancy Discrimination in Canada

We are pleased to share that Kali Faingold’s article, “From Bliss to Brooks and Beyond: A Contemporary Analysis of Pregnancy Discrimination in Canada,” has been published in the Canadian Journal of Human Rights (Volume 14, Issue 1).

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