Daniel Jay Baum

The complainant, a police constable, alleged discrimination on the basis of sex (pregnancy) when her employer required her to wear a uniform and perform regular duties, and subsequently failed to assign her alternative work during her pregnancy.

The Board of Inquiry found no discrimination in the uniform and regular duty requirements during the early stages of her first pregnancy.

However, the Board found that the employer discriminated against the complainant by failing to offer her available alternative work (substituting for absent clerk-typists) while she was on a leave of absence, an opportunity regularly afforded to male constables.

A second complaint regarding her second pregnancy was dismissed, as the employer had offered reasonable accommodation.

The employer was ordered to compensate the complainant for lost wages during the period alternative work should have been offered.