pregnant employee cannot perform duties

This policy applies to all employers under federal jurisdiction subject to the Canadian Human Rights Act and the Employment Equity Act, and to the unions and employees of these organizations. The law requires only that employers treat employees who are temporarily unable to do their jobs due to pregnancy just as well as employees who are temporarily unable to do their jobs for other reasons. We are a company of 450+employees in Maryland. When Anycia Grady, a clinical social worker, became pregnant in September 2013, her happiness was tempered by concern about the stress that her 12-hour-a-day job could have on her pregnancy. BLOG The impact of coronavirus has brought about an array of dire circumstances for UK businesses. then this will amount to pregnancy and maternity discrimination. An employer must first ask how the pregnancy can be accommodated in the workplace: Is chemical exposure unavoidable during the period of the pregnancy?
If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. This policy is not a substitute for legal advice. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Should I allow an employee the opportunity to appeal against dismissal? 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.

She must not be disadvantaged if she missed the performance review cycle because of pregnancy related illness or maternity leave.

Pregnancy is not a form of disability under the Act. 1976-77, c. 33, s. 7. It is important to make sure that all criteria are fair and non-discriminatory. How the employee’s redundancy selection assessment was carried out. What happens if I do not respond to an employee’s request for information about her treatment? The man is then disadvantaged as a result if he is made redundant and could claim he had been discriminated against because of his sex.

You must not take disciplinary action if this relates to your employee’s performance, which has been poor because of pregnancy related illness or another reason related to her pregnancy. The Supreme Court held that employers don't necessarily need to accommodate pregnant employees any time they accommodate a subset of non-pregnant employees. You can only take disciplinary action against a pregnant employee if the action is about a matter which is nothing to do with her pregnancy, for example if you think she has been dishonest. The selection criteria for those employees at risk of redundancy. You should fix a time for when she is well enough to attend. 1998, c. 9, s. 11. Performance & security by Cloudflare, Please complete the security check to access. If the last performance assessment was done during pregnancy or maternity leave and showed lower scores than usual for this reason, this must not be taken into consideration against the selection criteria. If she is concerned about her work being changed after she told you of her pregnancy, it is best practice to agree that it should not be changed or agree an alternative which is acceptable to her. If you take action at a meeting when she cannot attend because of pregnancy related illness this may be pregnancy discrimination. Women should not suffer negative consequences in the workplace simply because they are pregnant. This includes federal government departments, agencies and Crown corporations, banks, inter-provincial transportation companies (including trucking, bus, rail, and air), telecommunications service providers, and First Nations Bands. In these states, employers must provide light-duty work to employees who have medical restrictions due to pregnancy. Family status issues can be very complex. If she does not agree, then you should investigate the grievance using the ACAS guide on how to deal with grievances. So, an employer's responsibility to provide light duty work to pregnant employees depends on how the employer handles light duty requests in general. It is good practice to explain the situation from your point of view and clarify any misunderstandings.

Criteria that disadvantage part-time workers, for example the ability to work when required or to work overtime. Family status rights also consider a broader range of issues beyond pregnancy, such as parental leave for new mothers or fathers, and child-care-related needs. However, employees on maternity, adoption or shared parental leave do have priority and must be offered a suitable alternative job before others can be considered for it. And the fact that it's more inconvenient or expensive to accommodate pregnant employees is not good enough. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
If you dismiss a pregnant employee or an employee on maternity leave, you must provide her with a written statement that clearly explains the reasons for the dismissal. You behaved so badly, which includes discriminating against her, that trust and confidence between you has fundamentally broken down.

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