After celebrating International Women’s Day last week, it’s a good time to reflect on how employment law is evolving for women.
The rather dismal statistics concerning women in leadership continue to make headlines. As an example, only 7.4% of Fortune 500 companies had a female CEO in 2020.
Barriers to entering leadership positions include the disproportionate toll parental leave can have on a woman’s career. But a recent Ontario case may help the career paths of pregnant women who are terminated.
The case involved Sarah Nahum, a Director of People and Culture at Honeycomb Hospitality Inc. Nahum had been employed by Honeycomb for four-and-a-half months when she was terminated in the fall of 2019. She was five months pregnant at the time.
Nahum sued for wrongful dismissal damages, claiming eight months of notice on her termination. Honeycomb argued that a two-month notice period was “generous.”
At a summary judgment motion heard before Madame Justice Jasmine Akbarali, the court found that Nahum’s service was “very short,” that she was well educated with a Bachelor of Arts Degree and an MBA, and her age of 28 years should not be a barrier to re-employment.
Justice Akbarali noted that Nahum had applied for at least 36 jobs before her baby was born, and following the birth of her child she took only a two-month break from looking for work. Since then, she applied for at least 75 positions.
The Court found Nahum had also started...
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