will have an adverse effect on women who, more frequently than men, will have gaps in their employment due to parental leaves and childcare responsibilities. 5. Failure to Accommodate One of the most common forms of discrimination based on pregnancy is the failure to accommodate needs related to pregnancy or breastfeeding. This most frequently arises with respect to employment, but may also occur in services or housing situations. Example: Shortly after a woman started work as a sales associate, she became pregnant. She experienced nausea and fatigue. While she was able to complete her job duties, she needed to sit down to rest at times. She also experienced some problems with her pregnancy, which caused her some anxiety and required her to take some time off work, as well as reduce the length of her shifts. Her sales fell sharply during her pregnancy, and the employer terminated her employment, without considering the impact of her pregnancy and her reduced work hours on her performance. The Tribunal found that the employer had discriminated against the woman because of her pregnancy. [19] There may be circumstances where a decision, policy, practice or process results in discrimination based on pregnancy, but is nonetheless justified because it is reasonable and bona fide in the circumstances. The Supreme Court of Canada has set out a framework for examining whether a bona fide requirement has been demonstrated. [20] If prima facie discrimination is found to exist, the person responsible for accommodation must establish on a balance