(2) The right to equal treatment without discrimination because of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant.
The Code protects a woman because she is or was pregnant, may become pregnant, has just had a baby or other pregnancy-related situations. “Pregnancy” therefore includes the process of pregnancy from conception up to the period following childbirth and includes the post-delivery period and breastfeeding.
The term “pregnancy” takes into account all the special needs and circumstances of a pregnant woman and recognizes that the experiences of women will differ. Special needs can be related to circumstances arising from:
- complications because of pregnancy or childbirth
- conditions which result directly or indirectly from an abortion/miscarriage
- recovery from childbirth
You have a right to be treated fairly at work. For example, an employer cannot ask “Are you pregnant?”, “Do you have a family?” or “Do you plan to have a family?” during a job interview, unless it is a reasonable job requirement. It is contrary to the Code to fire you, demote you or lay you off (even with notice) because you are or may become pregnant.
If you are or may become pregnant, you have the right to keep your job and not to be passed over for benefits and opportunities, such as:
- being hired or promoted;
- assignments to important or more challenging projects; and
- resuming your job after your pregnancy or parental leave.
Your employer also should change your job duties or modify rules that affect you for the sake of your health or that of your child.
The rules about pregnancy leave, parental leave and maternity benefits are set out by the Employment Standards Branch of the Ministry of Labour (Ontario) and by Service Canada (formerly Human Resources Development Canada).
You have the right to use services, such as restaurants, malls or other public areas, and to breastfeed your child in public without being disturbed or harassed or asked to move to a more “discreet” area. You are also protected in the areas of housing, contracts and membership in trade unions.
 For more detailed information, please see the Commission’s Policy on Discrimination Because of Pregnancy and Breastfeeding (2001).
 See http://www.labour.gov.on.ca/english/es/ .
 See http://www.servicecanada.gc.ca/ .