Empowering Single Mothers: The Legal Obligations of Employers

Tahir Khorasanee, LL.M. Senior Associate, Steinbergs LLP In today’s diverse workforce, employers are legally obligated to accommodate employees based on their family status. This includes single mothers, a group that often faces unique challenges in balancing work and family responsibilities. Under the Ontario Human Rights Code and the Canadian Human Rights Act, family status is a protected ground. This means employers cannot discriminate against employees based on their family status, including being a single mother. Employers are required to provide reasonable accommodation unless it causes undue hardship. Let’s consider two examples to illustrate this: Example 1: Flexible Work Hours Consider Jane, a single mother working in a tech firm. She has to drop off her child at school by 9 AM and pick him up by 3 PM. The standard work hours from 9 to 5 don’t accommodate her needs. Recognizing Jane’s family status, her employer could offer flexible work hours. This allows Jane to start, and finish work later, ensuring she can fulfill both her professional and parental responsibilities. Example 2: Remote Work Now, let’s look at Sarah, another single mother who works as a customer service representative. Her child falls ill frequently, requiring her presence at home. In this case, the employer could provide Sarah with the option to work remotely. This way, Sarah can attend to her child’s needs without compromising her work duties. These examples highlight how employers can accommodate single mothers, promoting a more inclusive and equitable workplace. However, it’s important to note that what constitutes ‘reasonable accommodation’ and ‘undue hardship’ can vary. Factors such as the size of the organization, financial resources, and health and safety requirements can influence these determinations. Recognizing and accommodating the unique needs of single mothers is not just a legal obligation for employers, but also a step towards creating a more diverse and inclusive workplace. By doing so, employers can foster a supportive environment that respects and values all employees, regardless of their family status. Employers can terminate employees while they are on a maternity or parental leave, as long as the termination is not because the employee went on the leave, which is protected under the Employment Standards Act, 2000. If the termination is for economic reasons or because of a genuine corporate restructuring, the employee terminated while on a maternity or parental leave is entitled to the same notice and severance pay. If the dismissal of an employee on maternity or parental leave is not handled properly, it can substantially escalate the termination costs, potentially leading to human rights damages due to harm to the employee’s dignity, emotions, and self-respect. It is advisable to consult an employment lawyer when considering the termination of an employee on such leave. Early involvement of an expert can result in considerable cost savings. In certain cases, pregnant employees who have been terminated might be eligible for increased severance. Courts may take pregnancy into account as a significant factor when determining the amount of severance due upon termination, as exemplified in the case of Nahum v. Honeycomb Hospitality Inc. Sarah Nahum, a 28-year-old employee, had only been employed for 4.5 months as the director of people and culture. She was five months pregnant when she was terminated without cause. The Ontario Superior Court awarded her five months’ reasonable notice, recognizing that her pregnancy could likely pose challenges in securing new employment, and thus, should be considered as a factor. That said, an increased notice is not a guarantee. While it may seem that terminating a pregnant employee would invariably lead to a higher severance payout, the reality is far from straightforward. Pregnancy does not automatically extend an employee’s notice period. Each case is unique, and the analysis is contextual. Disclaimer: This article is not legal advice. If you need legal advice with respect to any workplace issues, please consult an employment and labour lawyer.