Duty to Accommodate

Under the B.C. Human Rights Code, it is unlawful to discriminate against a person or to harass them on the basis of sex, which includes pregnancy and breast/chestfeeding, in the areas of employment, housing, and services.

Discrimination due to pregnancy and breast/chestfeeding includes discrimination because a person:

• Is trying to get pregnant, was pregnant, or states they are intending to have a child.
• Will be taking a pregnancy or maternity leave.
• Has an abortion or experiences complications related to an abortion.
• Has a miscarriage or stillbirth or experiences complications related to a miscarriage or stillbirth.
• Experiences complications related to pregnancy or childbirth.
• Has a change in appearance while pregnant.
• Is recovering from childbirth.
• Is receiving fertility treatments.
• Is nursing, pumping, or expressing milk.

An employer, landlord, or service provider may have to change its rules, requirements, or practices in order to give pregnant and breast/chestfeeding individuals equal opportunities. This is called accommodation.

Employers, landlords, and service providers should not deny accommodation because other pregnant or breast/chestfeeding individuals have not requested accommodation. They should also not impose changes on pregnant or breast/chestfeeding individuals who have not requested accommodation (such as modified duties, modified hours, or alternative work), based on assumptions about pregnancy or breast/chestfeeding

Responsibilities of SFU

SFU has a legal duty to accommodate needs based on pregnancy and breast/chestfeeding, unless it would cause undue hardship to SFU. All accommodations will be determined on a case-by-case basis; no specific form of accommodation is guaranteed. The following (non-exhaustive) list contains possible accommodations that may be available where reasonable, depending on your functional limitations and the needs of your team or program:

• Temporary relocation to another work station or work location.
• Assignment to alternative job duties.
• Modifying work or exam schedules.
• Additional breaks, which may be paid time for employees, for activities such as breast/chestfeeding, milk expression, more frequent bathroom breaks for pregnancy-related reasons, or additional nutritional breaks due to pregnancy-related nausea or gestational diabetes.
• Providing a comfortable, clean, dignified, and appropriate area for breast/chestfeeding or milk expression and storage of breast/chest milk.
• Allowing the baby to be brought into the workplace, a designated space, or a classroom to be breast/chestfed.
• A leave of absence.

Your Responsibilities

If you require accommodation based on pregnancy or breast/chestfeeding, you have responsibilities to:

• Request accommodation at the earliest possible opportunity (as it may not be possible to accommodate last-minute requests).
• Provide information and any documentation that is reasonably requested.
• Engage in dialogue regarding your request and be open to considering alternative forms of accommodation.
• Accept reasonable accommodation even if it is not entirely ideal or your preferred accommodation. There is no legal obligation to provide exactly what is requested.
• Be open to ongoing dialogue and adjustments to the accommodation arrangement as circumstances change.

The law sets a limit as to how far SFU must go to accommodate your needs. If SFU would experience undue hardship in order to accommodate your needs, it has no legal duty to accommodate. In assessing whether an accommodation would cause undue hardship, factors such as cost and health and safety may be considered.

Bona Fide Requirements

There may be situations where a decision, rule, requirement, or practice results in discrimination based on sex, but is nonetheless justified because it is reasonable and bona fide (legitimate) in the circumstances. For more information on bona fide requirements, please refer to the following guides:

• Human Rights Guide for Students
• Human Rights Guide for Faculty and Staff