Fact Sheet:
Prohibiting Discrimination
In Employment Because of Pregnancy


Women have the right to chose to have children and to participate in the workforce. Under The Manitoba Human Rights Code, women cannot be unreasonably discriminated against in any aspect of employment because of pregnancy, the possibility of pregnancy or circumstances related to pregnancy. Discrimination against a pregnant woman by refusing her employment, firing her or treating her differently in terms, conditions or benefits of employment is against the law unless the discrimina taon is based on reasonable job requirements and qualifications.

A Pregnant Woman's Rights

Women who have an illness related to pregnancy are entitled to sick leave and disability benefits on the same basis as other employees. If a pregnant employee is able to fulfill the duties of her job, she must be allowed to continue in that work, and have the same work-related opportunities, regardless of her length of employment. An employer cannot terminate a pregnant employee because there is, or might be, unfavourable reaction from co-workers, customers or clients.


Changes At Work

But pregnancy may require changes at work. The employee's pregnancy, or circumstances related to her pregnancy, may limit her ability to do her job. Employers must provide reasonable accommodation where it is possible to do so without serious or undue hardship to the operation of the business. For example, in her final stages of pregnancy, an employee may have difficulty working in a restricted work space because of her size. Some alteration of location or certain job duties may be required. Providing flexible hours for women who have morning sickness related to pregnancy is another form of accommodation. Human rights legislation has paramount status in Manitoba. This means that where there is a conflict with other provincial legislation, The Human Rights Code prevails.


This information is a simplified description of provisions under The Human Rights Code. For more information, consult The Code or contact The Manitoba Human Rights Commission.




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©1998 The Manitoba Human Rights Commission


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