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1. 2. Code protections for pregnancy and breastfeeding

   From: Policy on preventing discrimination because of pregnancy and breastfeeding

   The Supreme Court of Canada has recognized that pregnancy cannot be separated from sex. It stated, “Discrimination on the basis of pregnancy is a form of sex discrimination because of the basic biological fact that only women have the capacity to become pregnant.”^[8] Section 10(2) of the Code states that, “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.”

2. Policy on preventing discrimination because of pregnancy and breastfeeding

   October 2014 - This policy sets out the OHRC’s position on discrimination based on pregnancy and breastfeeding at the time of publication. It deals primarily with issues that fall within the jurisdiction of the Ontario Code, and which can form the subject matter of a human rights claim. At the same time, the policy interprets the protections of the Code in a broad and purposive way, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are met.

3. Pregnancy and breastfeeding (brochure)

   2012 - The Ontario Human Rights Code (the Code) is a law that provides for equal rights and opportunities and recognizes the dignity and worth of every person in Ontario. The Code makes it against the law to discriminate against someone or to harass them because of sex, including pregnancy and breastfeeding.

4. Letter to Oshawa City Council on breastfeeding

   I understand that the issue of a councillor, or other people, breastfeeding at Oshawa City Council chambers may be considered by Council. The Ontario Human Rights Commission’s Policy on Discrimination Because of Pregnancy and Breastfeeding contains our interpretation of the provisions of the Ontario Human Rights Code relating to pregnancy and breastfeeding.

5. 1. Introduction

   From: Policy on preventing discrimination because of pregnancy and breastfeeding

   The Ontario Human Rights Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The Code aims to create a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community.

6. Pregnancy

   From: Guide to your rights and responsibilities under the Human Rights Code

   The Code protects a woman because she is or was pregnant, may become pregnant, has just had a baby or other pregnancy-related situations.[27] Pregnancy includes the process of having a baby from conception up to the period following childbirth. It also 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:

7. Focusing on family: updating the pregnancy/breastfeeding policy

   From: Annual report 2008-2009

   In April 2009, the OHRC published an updated Policy on Discrimination Because of Pregnancy and Breastfeeding. The revised Policy reflects recent changes to the human rights system. It includes new legal cases about pregnancy and breastfeeding, more examples of discrimination based on pregnancy and breastfeeding, and more information on preventing discrimination in housing, services, goods and facilities.

8. Updated Policy on preventing discrimination because of pregnancy and breastfeeding

   Toronto – The Ontario Human Rights Commission (OHRC) released an updated version of its Policy on preventing discrimination because of pregnancy and breastfeeding in an eLaunch today.

   An hour-long webinar – available at www.ohrc.on.ca – provides an overview of the policy, offers a Q&A opportunity, and features several speakers.

9. Can I fire a woman whose pregnancy is preventing her from doing the job she was hired to do?

   From: Frequently asked questions

   It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.

10. Breastfeeding is a Human Right - New campaign launched

    Toronto - The Commission today launched a province-wide campaign in partnership with the Infant Feeding Action Coalition (INFACT) Canada and Toronto Public Health to mark World Breastfeeding Week activities.The campaign features a transit ad, which will run on municipal transit vehicles across the province and a platform poster which will appear in high traffic subway stations in Toronto. These advertisements are designed to help eliminate discriminatory practices against mothers and children, and to support the Commission's mandate to increase awareness of human rights and protections for women under the Code.

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