Graphic designer terminated one day after requesting pregnancy-related time off
An Ontario graphic designer terminated one day after requesting pregnancy-related time off has been awarded more than $31,000 in damages after a human rights tribunal found her employer's actions were discriminatory.
Adjudicator Kelly Barker ruled Nov. 13, 2025, that Michelle Lam's employer, Data Scientific, violated the Human Rights Code when owner Tope Akinbiyi fired her in December 2017, shortly after she disclosed her pregnancy and upcoming maternity leave needs.
"The applicant's place of origin and pregnancy (sex) were factors in their termination and the applicant also experienced harassment in the workplace based on their place or origin and sex, including experiencing sexual harassment," Barker found.
Termination following pregnancy disclosure
Lam worked as a graphic designer from June 14, 2017, until Dec. 12, 2017. On Oct. 31, 2017, she delivered a letter to Akinbiyi stating she would start maternity leave on Feb. 28, 2018, and planned to be away for 52 weeks. She also verbally advised the start date could change to Feb. 1, 2018, due to health complications from gestational diabetes.
Following the pregnancy revelation, treatment of the worker changed dramatically, found the tribunal. In November 2017, Lam was excluded from software training. Akinbiyi told her that if she was not going away for so many months, he would have trained her.
On Dec. 11, 2017, Lam met with Akinbiyi to discuss becoming a permanent employee after her six-month probation period and her upcoming entitlement to benefits. She advised she would soon require prenatal doctors' visits prior to maternity leave.
Sexual harassment and discriminatory comments
During the Dec. 11 meeting, Akinbiyi made several inappropriate comments. He told Lam she was "just there to get pregnant and will never come back." He also stated this would never have happened if the applicant "did not spread [her] legs for [her] husband" and that she should not have gotten pregnant.
The next day, Dec. 12, 2017, Lam arrived at the office to find her work computer removed along with documents on her desk. Akinbiyi handed her a termination letter effective 12:00 p.m. that same day, offering three options: layoff, part-time work, or early maternity leave.
Throughout her employment, Akinbiyi repeatedly remarked that he took a risk hiring her and questioned whether her past work was legitimate because she had worked in Hong Kong. He commented that he could never fully trust Lam because of her place of origin.
Damages and policy requirements
The tribunal awarded Lam $25,000 for injury to dignity, feelings and self-respect, $4,620 for lost income, and $1,500 for medical expenses not covered by benefits due to her termination.
Barker also ordered institutional reform, directing Data Scientific to "create and disseminate an Internal Human Rights Policy in accordance with the guidelines on Developing Human Rights Policies and Procedures published by the Ontario Human Rights Commission within 30 days of the date of this Decision."
Neither the company nor Akinbiyi appeared to contest the allegations. The respondents were deemed to have accepted all allegations after failing to participate in the proceedings.
