Denying EI to women laid off after maternity leave a Charter violation: Court of Appeal

The Federal Court of Appeal has ruled that denying employment insurance (EI) benefits to women who lose their jobs during or shortly after maternity leave is a violation of the Charter of Rights and Freedoms. The decision, released on Thursday, states that the law discriminates against women based on sex and pregnancy, which is considered sex-based discrimination.

The court found that women are disproportionately affected by the inability to accumulate EI benefits during maternal or parental leave, as they are the only ones who can claim maternity benefits and make up a large portion of parental benefit claims. This disadvantage is compounded over time, as women continue to suffer for about nine years after giving birth compared to men who have children.

The court struck down the discriminatory parts of the EI Act, with a one-year suspension allowing the federal government to rewrite the law. This ruling could help thousands of women who have been denied EI benefits during or after maternity leave.