Summary: Pregnancy & Family Status Rights
In Alberta, it is illegal to discriminate against an employee because they are pregnant or because of their family responsibilities, such as caring for a child or an aging parent.
Under the Alberta Human Rights Act, employers have a duty to accommodate your pregnancy or family status to the point of undue hardship. If you are terminated, demoted, or harassed due to these factors, you may be entitled to significant damages and full severance pay.
Family Comes First
You should never have to choose between your job and your family. If your employer is refusing to accommodate your needs or has penalized you for your family status, our Alberta team is ready to defend your rights.
On This Page:
Pregnancy Discrimination
Family Status Discrimination
Workplace Examples
Duty to Accommodate
Severance & Termination
Speak to a Lawyer
What is Pregnancy Discrimination in the Workplace?
Pregnancy discrimination in the workplace occurs when an employee is treated unfavourably because of their pregnancy, intention to become pregnant, or because they have recently given birth. In Alberta, pregnancy is legally protected under the ground of “gender.”
This protection extends to all stages of employment. An employer can’t refuse to hire you, pass you over for a promotion, or terminate your employment simply because you are expecting a child.
Family Status Discrimination in Alberta
Family status discrimination involves being treated unfairly because of your relationship to a family member or your caregiving responsibilities. This most commonly applies to parents caring for children, but it also protects those caring for elderly parents or other dependent family members.
Pregnancy and Family Status Examples
Discrimination can be overt or subtle. Family status discrimination examples and pregnancy bias include:
- Being laid off shortly after announcing your pregnancy.
- A manager making negative comments about your “commitment” to the job because you need to leave for childcare.
- Being denied a promotion because the employer assumes you won’t want the extra responsibility now that you have a child.
- Refusing to allow an employee to shift their start time slightly to accommodate school drop-off or medical appointments for a parent.
The Duty to Accommodate Family Needs
Alberta employers have a legal duty to accommodate your family status or pregnancy-related needs. This might include:
- Modifying your work schedule or allowing for flexible hours.
- Adjusting your duties during pregnancy for health and safety reasons.
- Providing a quiet space for breastfeeding or pumping after you return from maternity leave.
Termination and Severance Rights
If you are fired while pregnant or because your family obligations made your schedule difficult for the employer, you have been wrongfully dismissed. In Alberta, you are entitled to:
- Full Severance Pay: Compensation of up to 24 months, depending on your age, position, and years of service.
- Human Rights Damages: Extra financial awards for the injury to your dignity caused by the discrimination.
Contact an Alberta Discrimination Lawyer
The legal team at Samfiru Tumarkin LLP is dedicated to standing up for parents and caregivers in the Alberta workforce. If you have been treated unfairly due to your pregnancy or family responsibilities, we will fight to get you the justice and severance you deserve.