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Google Canada’s Pregnancy Discrimination Defence and Ontario’s Human Rights Code

Ontario’s Human Rights Code explicitly includes pregnancy in protection against discrimination because of sex. A reported Google Canada defence is a party position, not a court ruling.
From TheFinanceBase Team3 min to read
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Pregnancy is expressly protected under section 10(2) of Ontario’s Human Rights Code. A July 31, 2025 report said Google Canada argued in its defence to a pregnancy-discrimination lawsuit that “pregnancy” is not a protected ground under the Code. That is a reported litigation position, not the wording of Ontario law or a court ruling. The allegations and Google’s denial had not been proven in court in the report, and the case’s later status has not been verified here.

What Ontario’s Human Rights Code says about pregnancy

The statute answers the central question directly. Section 10(2) says: “The right to equal treatment without discrimination because of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant.” In other words, the Code expressly includes pregnancy within protection against discrimination because of sex.

The Ontario Human Rights Commission (OHRC) provides official interpretive guidance on how the Code applies. Its policy says discrimination because of sex, including pregnancy and breastfeeding, is unlawful in employment, housing, goods, services and facilities, contracts, and membership in unions and trade or professional associations. The statute is the law; the OHRC policy explains the Commission’s interpretation and application of it.

What the OHRC guidance means in employment

The OHRC says pregnancy-related needs may require accommodation. It also says dismissing or laying off someone because she is, was, or may become pregnant is unlawful. Its policy addresses related circumstances, including trying to become pregnant, recovery after delivery, and breastfeeding. These protections do not determine the outcome of any individual dispute: the relevant facts and legal issues still matter.

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For a worker concerned about a job decision, the practical distinction is between a decision connected to pregnancy or a pregnancy-related need and an employer’s stated non-discriminatory reason. A dispute over that distinction is resolved on its own evidence; the Code’s protection does not itself establish what happened in a particular workplace.

What Google Canada reportedly argued in the lawsuit

In a July 31, 2025 article, Marshall Law reported that former Google Canada employee Sarah Lilleyman alleged she was dismissed after disclosing her pregnancy and planned leave. The report said Google Canada denied discrimination, said the role was eliminated as part of a workforce reduction, and maintained that pregnancy or leave did not factor into the termination.

The report quoted Google’s filed defence as saying: “First, ‘pregnancy’ is not a protected ground under the Code.” That quotation describes the position attributed to Google in the reported defence. It does not change section 10(2)’s text, and the report did not establish that a court accepted Google’s position. The same article quoted a Google spokesperson as saying, “We cannot comment on active litigation; our position is outlined in the documents filed with the court.”

Allegations and a defence are not court findings

The lawsuit report explicitly said the allegations had not been proven in court. Lilleyman’s account and Google’s response are opposing party positions, not findings of fact. The available report is dated July 31, 2025; later proceedings, a settlement, or a judgment have not been verified here. It would therefore be inaccurate to describe Google as having been found liable or to say the dispute has been resolved.

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How Ontario law differs from federal human-rights law

The Canadian Human Rights Act is a separate federal statute. It also treats discrimination because of pregnancy or childbirth as discrimination based on sex. That federal rule should not be substituted for Ontario’s Code when describing the wording of provincial law. Which legal framework applies depends on the context; the Ontario statute directly answers the question about the Ontario Human Rights Code.

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