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Can my employer refuse to give me back my senior position in my field of work after maternity leave? Also, could he refuse me a promotion on the basis that I was pregnant? I am reduced to a legal assistant position in a different field, and that’s a huge hit to my dignity and career. Can you help me sue my employer on contingency basis covering all three aspects - severance pay for constructive dismissal, human rights violation on the basis of sex and family status, and harm to dignity and career growth?
Your job is protected under BC’s Employment Standards Act once you qualify. Yes — you’re entitled to the same position or comparable role upon your return. Discrimination based on pregnancy is considered sex discrimination and is prohibited under the BC Human Rights Code. This means that employers cannot treat employees differently or negatively due to their pregnancy or related circumstances. This protection extends to various aspects of employment, including hiring, promotion, and termination. Please contact our office for a consultation to discuss next steps with respect to your matter.