Pregnancy & Human Rights in the Workplace - Policy and Best Practices

Sep 15, 2026

Policy and best-practice guidance outlining how pregnancy-related discrimination is prohibited within federally regulated workplaces in Canada. Defines pregnancy-related discrimination and the types of actions that may trigger unlawful treatment, including refusal to hire or promote, harassment, termination, and failure to provide reasonable accommodation. Explains the duty to accommodate and the concept of undue hardship, and clarifies roles for employers, employees, and unions, along with practical solutions across hiring, interviews, promotion, leave, and return to work.

LanguageEnglish

CategoryLetters

FormatPDF

Pages18

Reading Time6 min

AccessFree to download

What is the purpose of this policy?

What is the Commission’s official policy statement?

Who is covered under this policy?

How is pregnancy-related discrimination defined?

What is the duty to accommodate?

What are the roles and responsibilities of employees, employers, and unions?

What are some common issues and solutions?

What are some benefits and best practices for employers?

What does the law say?

What is the Commission’s role?

Other information and resources

PREGNANCY & HUMAN RIGHTS IN THE WORKPLACE POLICY AND BEST PRACTICES Aussi offert en français sous le titre : GROSSESSE ET DROITS DE LA PERSONNE EN MILIEU DE TRAVAILPOLITIQUE ET PRATIQUES EXEMPLAIRES Canadian Human Rights Commission National Office 344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1, Canada Telephone: (613) 995-1151 Toll Free: 1-888-214-1090 TTY: 1-888-643-3304 Fax: (613) 996-9661 [Website: www.chrc-ccdp.gc.ca](Website: www.chrc-ccdp.gc.ca) WHAT IS THE PURPOSE OF THIS POLICY? WHAT IS THE COMMISSION’S OFFICIAL POLICY STATEMENT? WHO IS COVERED UNDER THIS POLICY? HOW IS PREGNANCY-RELATED DISCRIMINATION DEFINED? What actions might result in discrimination? What are pregnancy-related conditions and circumstances? How does pregnancy relate to other grounds of discrimination? Pregnancy and family status Other grounds and multiple grounds WHAT IS THE DUTY TO ACCOMMODATE? What is undue hardship? Health and safety risks and pregnancy WHAT ARE THE ROLES AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS, AND UNIONS? Employees Employers Unions or employee representatives WHAT ARE SOME COMMON ISSUES AND SOLUTIONS? Applications, interviews, job selection, and job promotion During an employee’s pregnancy During an employee’s maternity leave or pregnancy-related absence During an employee’s return to work post-pregnancy WHAT ARE SOME BENEFITS AND BEST PRACTICES FOR EMPLOYERS? Benefits Best practices WHAT DOES THE LAW SAY? The Canadian Human Rights Act The Canadian Charter of Rights and Freedoms International standards Other laws WHAT IS THE COMMISSION’S ROLE? OTHER INFORMATION AND RESOURCES Women in the workplace are valued employees entitled to equality, dignity, respect and accommodation of their needs when they are attempting to become pregnant, while they are pregnant, and as they return to work following a pregnancy-related absence. WHAT IS THE PURPOSE OF THIS POLICY? This policy will help employers, unions, and employees under federal jurisdiction to better understand their legal rights, obligations, and duties regarding pregnancy-related discrimination issues. It will also explain some of the employer benefits of providing respectful and inclusive workplaces for pregnant employees, identify potentially discriminatory practices, and offer practical solutions. WHAT IS THE COMMISSION’S OFFICIAL POLICY STATEMENT? The Canadian Human Rights Act (the Act) prohibits discrimination related to pregnancy. Pregnancy-related discrimination is a form of sex discrimination, because only women can become pregnant. Discriminatory practices related to pregnancy, such as negative treatment, refusal to hire or promote, termination of employment, or harassment, are against the law under the Act. Pregnancy in the workplace is a fundamental human rights issue of equality of opportunity between women and men. Women should not suffer negative consequences in the workplace simply because they are pregnant. Job functions and workplace rules may affect a pregnant employee differently than other employees. As a result, adjustments to working conditions maybe required to reduce or eliminate discriminatory effects. Employers have a legal obligation to accommodate pregnancy-related needs unless the accommodation will cause undue hardship. Undue hardship considers factors such as health, safety and cost. The pregnant employee, the employer, and other parties such as union representatives, must cooperate and compromise to find reasonable and practical solutions. In addition to fulfilling their legal obligations, the Canadian Human Rights Commission (the Commission) encourages employers to take additional steps to prevent pregnancy-related discrimination, to resolve employee concerns quickly and effectively, and to foster a human rights culture in their workplaces. This Policy is subject to the Act, and to decisions by the Canadian Human Rights Tribunal and the Courts, and

FAQs

What is the purpose of the pregnancy policy?

The policy helps federally regulated employers, unions, and employees understand legal rights, obligations, and duties regarding pregnancy-related discrimination. It also explains benefits of respectful and inclusive workplaces and offers practical solutions.

How does the policy define pregnancy-related discrimination?

Pregnancy-related discrimination includes any action, decision, or policy that negatively affects a woman due to her pregnant status. It is treated as a form of sex discrimination under the Canadian Human Rights Act.

What is the duty to accommodate and what counts as undue hardship?

Employers must accommodate pregnancy-related needs unless accommodation causes undue hardship. Undue hardship considers factors such as health, safety, and cost, and the pregnant employee, employer, and union representatives must cooperate to find reasonable solutions.

Sep 15, 2026

Uploaded by Arica Lee