
Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers
The Court of Appeal of Québec recently gave the most significant decision on preventive reassignment of pregnant workers since the Supreme Court of Canada’s 2014 decision in Dionne v. Commission scolaire des Patriotes. The court found that once a pregnant employee produces a medical certificate attesting that her working conditions may be physically dangerous to her unborn child, or to herself by reason of her pregnancy, the employer must actively evaluate and, where feasible, offer safe duties. Immediate withdrawal of the employee from work is a last resort.