Proceed With Caution! Decision Recognizing Miscarriage As A Disability Provides Guidance To Employers On Disability Claims

Disability has long been a protected ground under the Ontario Human Rights Code, which requires employers to accommodate employees with a disability to the point of undue hardship.  The protected ground of disability is consistently given a broad interpretation by the courts and human rights tribunals. For instance, not only physical disabilities but also non-evident disabilities such as depression and other forms of mental illness are protected under the Code. A recent decision seems to extend this broad interpretation even further, including miscarriages in the definition of disability.

In Mou v MHPM Leaders the Ontario Human Rights Tribunal concluded that a miscarriage falls within the definition of disability. The Applicant brought a claim alleging that her employment was terminated because of discrimination related to disability after a series of events in 2013. The applicant missed time from work for a variety of reasons including injuries from a slip and