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You Make the Call: Did the Employer Commit Pregnancy Discrimination?

SITUATION

A collective agreement includes an employer rule requiring customs inspectors to perform shift work of 3 or more shifts over a 56-day schedule. The rule is “neutral” in the sense that it applies to all PM-1 customs inspectors who work at Pearson International Airport regardless of sex, race, religion, etc. Anna Conda, a customs inspector experiencing a difficult pregnancy requests to be transferred from rotational shift work to daytime duties on the advice of her physician. The employer refuses, insisting that making an exemption to the mandatory shift work rule would look like preferential treatment and harm the other customs inspectors’ morale. So, Anna files a complaint with the Human Rights Commission.

YOU MAKE THE CALL

Does Anna have valid claims for pregnancy discrimination and failure to accommodate?

No, because the shift work policy is neutral and non-discriminatory
No, because being available to do shift work is required by the collective agreement
No, beca...

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