Denying EI to women laid off after maternity leave is unconstitutional: appeal court

The Federal Court of Appeal in Montreal has ruled that it is unconstitutional to deny employment insurance (EI) job loss benefits to women who recently received maternity and parental benefits. This decision comes after a group of Quebec women challenged the Employment Insurance Act, arguing that the rules disproportionately affected them due to their role in childbirth and parental leave.

The court acknowledged that the existing provisions of the Act create a sex-based distinction that unfairly impacts women more than men, as they are the ones who give birth and typically take the majority of parental leave. The decision was initially made by a lower tribunal but was overturned on appeal. The ruling suspends its effect for one year, giving the federal government time to adjust the program, while also declaring the contested provisions of the Employment Insurance Act invalid.

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