Question
As she stepped into the office elevator on November 17, Erica was excited about her first day on the job as a legal assistant with
As she stepped into the office elevator on November 17, Erica was excited about her first day on the job as a legal assistant with the Toronto law firm, M&H. While in the elevator, she happened to see an old friend and Erica mentioned that she had just found out that she was pregnant but was nervous about telling her new employer. This conversation was overheard by one of M&H's partners. Later in that same week, November 19, Erica confided to one of the law firm's administrative assistants that she had just found out that she was pregnant; the co-worker advised her to tell the support staff manager at her earliest convenience. Erica waited until December 12 to tell the support staff manager and, when she did so, she said she had found out she was pregnant around December 3rd, when she had gone to the hospital due to feeling unwell. Responding to Erica's concern that the firm's senior partners would be upset by the news, her manager said not to worry and that at least five women had taken maternity leave in the past and all five were still employees of the firm.
Erica met with a senior partner shortly thereafter, repeating that she had learned of her pregnancy in early December when she had been ill. Initially, he congratulated her and followed up with a memo to the other partners, conveying the information he'd been given by her. However, during later conversations with others in the firm he had found out that Erica had known about her pregnancy before she started work. Citing concerns about Erica's honesty, given her willingness to fabricate a story about when and how she found out about her pregnancy, the senior partner decided to fire her. Erica filed a complaint with the Human Rights Tribunal alleging discrimination. She stated the reason she had not told her employer about her pregnancy earlier was because she had suffered two previous miscarriages and therefore wanted to wait before she announced it. What is the prohibited ground of discrimination Erica would allege? Is Erica's firing contrary to the Code? Support your answer.
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