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) job loss benefits to women who were laid off shortly before, during, or after maternity leave is unconstitutional and violates the Charter. A three-judge panel made the decision in favor of a group of Quebec women who had challenged the practice after being denied EI benefits following job losses tied to their maternity and parental leave.

The legal challenge centered on the systemic barrier or disqualification faced by mothers who recently received maternity and parental benefits when attempting to access standard employment insurance following a layoff. With the appellate court's ruling, the practice of withholding these job loss benefits has been struck down as a violation of constitutional rights.