Worker filed complaint after employer completely removed her from work following request for safe work

The Quebec Court of Appeal has upheld a lower court’s ruling that overturned an Administrative Labour Tribunal (ALT) finding that an employer didn’t have to explore reassignment options after removing a pregnant worker from her regular duties for safety reasons.

“While employers are not guarantors of a successful reassignment, they are required to seek options and to explain – transparently - why a reassignment is impossible,” says Kevin MacNeill, an employment and labour lawyer at Ogletree Deakins in Montreal, following the appeal court’s interpretation of the preventive withdrawal mechanism for pregnant employees under Québec’s Act respecting occupational health and safety (OHSA).

The worker was a patrol sergeant for the Québec City Police Department, with job duties that included supervising patrol officers who respond to 911 calls and performing managerial and administrative tasks such as assessment and training.

On Dec. 23, 2020, the worker provided a medical certificate to the city indicating that she was pregnant and her working conditions – particularly those in the field – posed physical dangers to the worker and her unborn child. The city removed her from work the same day.

On Jan. 8, 2021, the worker requested reassignment to other duties during her pregnancy, saying that as a manager, there were tasks she could perform that were safe for her. She maintained...

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