Pregnancy and Motherhood: Prejudice, Stereotyping and Discrimination in the Canadian Workplace

• Author / Creator

  Kapur, Shivani

• This thesis analyses discrimination against pregnant women and new mothers in Canadian workplaces, and examines how the current legal framework is insufficient to combat harmful stereotypes surrounding motherhood that result in subtle forms of pregnancy discrimination. It argues that the parental leave policy in Canada has, by failing to disrupt the gendered patterns of parental leave taking, perpetuated traditional sex-role stereotypes that continue to impede women’s workplace equality. It suggests father targeted leave to help breakdown these gender role stereotypes, and to degenderize traditional work and family roles resulting in a more egalitarian distribution of employment and family responsibilities. This thesis proceeds in three chapters. Chapter I of this thesis traces the history of discrimination against pregnant workers. Chapter II discusses the social context that led to the emergence of contemporary legal protections available to expectant and new mothers. Chapter III examines how the parental leave policy has failed to challenge the gendered leave-taking patterns, and suggests Québec’s paternity leave program as a model for the rest of the nation to allow both parents to equally engage in parenting and paid employment, thus, achieving true gender equality.

• Subjects / Keywords

  • Royal Commission on the Status of Women
  • Pregnancy discrimination
  • Royal Commission on Equality in Employment
  • Motherhood
  • Gender role stereotypes
  • Duty to accommodate
  • Gender equality
  • Freedom of contract
  • Parental leave
  • Mommy-track
  • Work-family policies
  • Employment discrimination
  • Paternity leave
  • Bliss v Attorney General
  • Brooks v Safeway Canada
  • Glass ceiling
  • Feminist movement
  • Maternity leave
  • Pregnancy
  • Maternity protection laws
  • Human rights laws

• Graduation date

  Fall 2017

• Type of Item

  Thesis

• Degree

  Master of Laws

• DOI

  https://doi.org/10.7939/R3ZS2KT1H

• License

  This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.