PREGNANCY & BREASTFEEDING: Your Rights and Responsibilities
What are My Rights as a Pregnant Woman?
In Ontario, women are legally protected from discrimination and harassment because of sex. This protection includes pregnancy and breastfeeding.
It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby, or may become pregnant.
You have the right to keep your job, rent an apartment, or sign a lease or other contract, without discrimination because of your pregnancy.
Services should also be provided free from discrimination. Some of these services and areas include:
- restaurants and cafés
- stores and malls
- schools
- parks
What About Breastfeeding?
You have rights as a nursing mother. For example, you have the right to breastfeed a child in a public area. No one should prevent you from nursing your child simply because you are in a public area. They should not ask you to "cover up", disturb you, or ask you to move to another area that is more "discreet".
What are My Rights at Work?
In an interview, it is illegal for an employer to ask you if you:
- are pregnant
- have a family
- plan to have a family
It is also illegal to fire, demote, or lay you off because you were, are or may become pregnant. You have an equal right to opportunities and promotions, regardless of the fact that you are planning to be pregnant, are pregnant, or were pregnant.
Your employer must make your environment free from discrimination. You have the right to be free from insulting comments about your pregnancy by your employer, co-workers, and even from clients.
At work, your employer should provide you with enough time to breastfeed or express milk for your child.
Working Together
Both you and your employer share the responsibility of finding a way to meet your needs. If you have medical or other needs, you have the duty to explain these needs to your employer. In turn, if it is necessary, your employer may ask you to provide supporting medical information.
What About My Special Needs?
You may have special needs because you want to become pregnant, are pregnant or because you have just had a baby.
Special needs can also arise from:
- difficulties from your pregnancy or childbirth
- miscarriage
- abortion
- fertility treatments
- a reasonable recovery time from childbirth or a stillbirth
- breastfeeding your child
- bereavement
Employers are required to accommodate women who have special needs because of pregnancy. The only exceptions to this rule are if what needs to be done is too difficult or expensive, or if it creates serious health and safety hazards.
Am I Only Protected at Work?
You cannot be discriminated against in your housing. A landlord cannot refuse to provide housing because you are going to be pregnant, are pregnant, or if you were pregnant and are now a parent. This can include "Adult Only" rules in condominiums.
Schools and colleges are also services, which must accommodate pregnant or breastfeeding women.
Other Related Employment Laws
The Employment Standards Act 2000 provides information regarding your right to pregnancy and parental leave. The Ministry of Labour’s Employment Standards Branch (1-800-531-5551) can give you more information about employment standards.
The federal government’s Human Resources and Social Development Canada can give you information about employment insurance benefits during maternity and parental leave.
For More Information
The Commission has prepared a policy document called Policy on Discrimination because of Pregnancy and Breastfeeding, which is available on our Web site.
For more information about the Ontario Human Rights Commission or this brochure, please visit our Web site at www.ohrc.on.ca, or call in confidence during regular office hours from Monday to Friday.
Toll free:1-800-387-9080
TTY: (416) 314-6526