Sarah Lilleyman, an ex-Google Canada employee, has filed a lawsuit against Google. As a result, she filed a lawsuit in Toronto’s Superior Court of Justice for wrongful dismissal and pregnancy discrimination under the Ontario Human Rights Code. Lilleyman alleged she was dismissed within weeks of disclosing her pregnancy. She made headlines when she announced her intention to take 18 months of maternity leave and when she asked for medical accommodations. The legal fight has raised widespread awareness about pregnant workers’ rights in Canada.
Lilleyman’s lawsuit comes as Google Canada has been forced to make 800 Canadian workers redundant. The company made these draconian reductions circling the globe and spanning divisions permanent as of January 2024. Google claims that Lilleyman’s position was cut due to company restructuring. Yet, they stress the fact that her pregnancy and impending maternity leave did not factor into this decision. The timing of her termination begs the question of the company’s adherence to the human rights laws prohibiting pregnancy discrimination.
Background on the Case
Sarah Lilleyman joined Google after previously building development tooling at Shopify. As former editor at Winnipeg Free Press and later editor at Toronto’s Globe and Mail, she comes with a tremendous amount of media experience. Lilleyman, who had lived in Trent Hills, Ontario, between Kingston and Oshawa, is currently seeking damages for loss of pay and benefits. Additionally, he is asking for $250,000 in punitive damages and $150,000 for breaches of the Ontario Human Rights Code.
Lilleyman’s complaint notes that she was fired while in her second trimester and details her need for medical accommodations. The lawsuit further alleges that she was pressured to cover up her pregnancy. This was occurring while she was searching for new employment during her notice period.
“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.” – Kathryn Marshall
Google Canada has vigorously contested the allegations including through the filing of a statement of defence in court. They adamantly reject all allegations that she discriminated against Lilleyman on the basis of sex, gender or any other prohibited ground under the Ontario Human Rights Code. The company continues to argue that Lilleyman’s position was eliminated as part of a company-wide downsizing, unrelated to her pregnancy.
Google Canada’s Defense
Google vigorously disputes Lilleyman’s claims. Third, they counter that even if those allegations were true, they nonetheless fail to allege facts that would amount to a Code violation. They contend that “first, ‘pregnancy’ is not a protected ground under the Code.”
Legal experts Lori B. Gans and Catherine A. Hall advocate for situating pregnancy discrimination within a broader conversation about human rights laws in Canada. Daniel Del Gobbo, Assistant Professor of Law, argues that Google’s reading of the Ontario Human Rights Code as it applies to hiring is mistaken.
“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 Canada
Del Gobbo further explains that human rights law clearly protects women who are pregnant or planning maternity leave from employment repercussions.
Legal Perspectives on Pregnancy Discrimination
These core principles are regularly and vigorously upheld by the Ontario Human Rights Tribunal. It says that firing any employee for reasons related to pregnancy is discriminatory and goes against the Code.
“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.” – Daniel Del Gobbo
Del Gobbo further explains that human rights law clearly protects women who are pregnant or planning maternity leave from employment repercussions.
“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.” – Daniel Del Gobbo
The Ontario Human Rights Tribunal also reinforces these principles, stating that it is contrary to the Code to terminate employment due to pregnancy-related circumstances.
“It is contrary to the Code to fire you, demote you or lay you off because you are or may become pregnant.” – Ontario Human Rights Tribunal
