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Google Canada claims pregnancy is not a protected ground under Ontario's human rights code in defence of lawsuit

In defending a lawsuit by a former employee claiming Google Canada fired her within days of telling her bosses she was pregnant, the tech giant claims that pregnancy is not a protected ground under the Ontario Human Rights Code. Article content Sarah Lilleyman filed a statement of claim in Toronto's Superior Court of Justice last year claiming wrongful dismissal and a breach of the Ontario Human Rights Code because of 'pregnancy discrimination,' as previously reported by National Post. Article content Article content Google Canada, headquartered in Toronto, filed a statement of defence in court as part of the legal process for adjudicating the claim. In it, Google, a leading provider of online search services and internet-related products, denies discrimination and wrongful dismissal. Article content Article content Google says Lilleyman worked for the company from October 2021 'until her employment was terminated on March 22, 2024, as part of a workforce reduction.' She worked as an editor, responsible for user growth through writing, editing, and publishing content. Article content 'In January 2024, due to changing business needs, Google Canada was forced to implement significant workforce reductions across various locations and divisions. Lilleyman's role was among those impacted by this workforce reduction in Canada.' She was given two months' notice. Article content 'Google Canada denies it discriminated against Lilleyman in her employment or on termination on the basis of sex, gender, or any other protected ground under the Ontario Human Rights Code,' Google says in its statement of defence. Article content Article content Lilleyman's job, 'along with many other positions,' was eliminated in a company-wide reduction and her pregnancy or leave were not factors. Article content Article content The Google statement then continues: 'Moreover, Google Canada states that Lilleyman's allegations, even if true (which are expressly denied), do not amount to a violation of the Code… Article content 'First, 'pregnancy' is not a protected ground under the Code.' Article content 'The Code protects a woman because she is or was pregnant, may become pregnant, has just had a baby or other pregnancy-related situations. Pregnancy includes the process of having a baby from conception up to the period following childbirth. It also includes the post-delivery period and breastfeeding,' the tribunal says in an information package on the human rights code's application. Article content 'It is contrary to the Code to fire you, demote you or lay you off (even with notice) because you are or may become pregnant. If you are or may become pregnant, you have the right to keep your job and not to be passed over for benefits and opportunities.' Article content Veronica Spada, a spokeswoman with the Ontario Human Rights Tribunal, a body that adjudicates discrimination complaints about the code, said she cannot comment on specific complaints but confirmed the province's human rights code prohibits discrimination and harassment on several grounds, among them sex, 'including sexual harassment and pregnancy.' Article content Google officials declined to discuss specifics of the case. Article content 'We cannot comment on active litigation; our position is outlined in the documents filed with the court,' a spokesperson said. Article content Lilleyman's lawyer, Kathryn Marshall, said Google made the statement in their public court filing and have not recanted or amended it since. Article content 'This is their legal position and they are standing behind it despite the fact that it is contrary to the human rights code,' Marshall said. Article content 'I believe that Google is trying to import American law into Canada and is willfully ignoring Canadian human rights law that protects women from pregnancy discrimination.' Article content Daniel Del Gobbo, an assistant law professor and chair of the Law, Gender, and Sexual Justice program at the University of Windsor, said Google is wrong in its interpretation of the Ontario Human Rights Code. Article content 'Pregnancy in the workplace is a fundamental issue of gender equality in Canada. Individuals should not suffer negative consequences because they were, are, or may become pregnant. And individuals should not suffer negative consequences because they plan to take or have taken maternity or parental leave. Human rights law is clear on these points,' Del Gobbo told National Post. Article content 'An employer cannot consider the factor that the employee is pregnant and/or planning a maternity or parental leave when deciding whether to terminate the person's employment,' he said. Article content Lilleyman, of Trent Hills, between Kingston and Oshawa, moved to Google from a job at Shopify after a career in news media, including at the Winnipeg Free Press and as an editor at Toronto's Globe and Mail. Article content In her lawsuit, she asks for damages for lost compensation and benefits, as well as $250,000 in punitive damages and $150,000 for alleged breaches of the Ontario Human Rights Code. Google said she earned an annual base salary of $181,980 plus a discretionary 20-per-cent bonus, a benefits package, and Google stock eligibility. Article content 'The Plaintiff was terminated by Google shortly after she disclosed her pregnancy and her intention to take an 18-month maternity leave and her need for medical accommodations. At the time that the Plaintiff was terminated, she was in the second trimester of her pregnancy,' her claim says. Article content She claims a Google human resources representative told her she 'should conceal her pregnancy when seeking new jobs during the working notice period,' the claim alleges. Article content Google denies that any Google human resources representative made such a statement and challenged Lilleyman to prove it.