Sarah Molyneaux

Lawyer, Molyneaux Law

Sarah Molyneaux is a feminist employment and human rights lawyer whose practice focuses on issues of sexual harassment, gender-based discrimination, and parental status or pregnancy discrimination.

Media

The Cost of Children - The Agenda with Steve Paikin

Women's income drops when they take parental leave. However, according to a new RBC report, that income drop can last for five years after birth. With a new federal policy allowing non-birthing parents to take up to five weeks of parental leave, The Agenda discusses why the income gap continues to exist.

An Interview with Sarah Molyneaux #sexualharassment

Women's March Canada believes in an economy powered by transparency, accountability, security, and equity. All women should be paid equitably, with access to affordable childcare, sick days, healthcare, paid family leave, and healthy work environments. All workers – including domestic and farm workers, undocumented and migrant workers - must have the right to organize and fight for a living minimum wage.

#MeAfterToo (2019)

, May 9, 2019Television

URL: https://www.imdb.com/title/tt10310544/?fbclid=IwAR1iIq5-v4DkI8SwkFizNu12h2YGMChsFOQws_rO9myjiRpJnsnuDRnVS0w

A deep dive into the rape-culture experiences of 6 average Canadian wimyn who shared their voices online during the #MeToo movement. Accompanied by testimony from female human rights legal experts, members of Canadian parliament and journalists, #MeAfterToo delivers real testimony and real truth, placing deeply personal female narratives in intimate conversation about issues of sexual assault, normalized micro-aggression, feminism, rape culture and patriarchy in today's (potentially erroneously dubbed) 'post-#metoo-era'.—Directed and Produced by Daphne Simone

Gendered Dress Codes are Antiquated

Law Times, October 15, 2018Print

URL: https://www.lawtimesnews.com/article/gendered-dress-codes-are-antiquated-16340/

There’s just one question I wish would stop coming up in conversation: Should female students wear a skirt suit?

You’d think the question might be moot by now. However, some women students have told me that’s the advice some lawyers, law professors, career development offices and older students keep giving them. As a lawyer, I’ve heard a similar message about how to dress for court: “It’s just that judges consider a skirt more conservative.”

Facebook ads face legal scrutiny

Canadian HR Reporter, June 4, 2019Online

URL: https://www.hrreporter.com/recruitment-and-retention/40238-facebook-ads-face-legal-scrutiny/

The reaction to Facebook’s job targeting tools is “a big deal” because employers’ usage of this platform is relatively new, according to Sarah Molyneaux, employment and human rights lawyer at Molyneaux Law in Hamilton, Ont.

“I’m not surprised that it’s happening,” she said. “But I am surprised to see certain government employers among the list of people that are targeting their ads in this way.”

...

And while a total ban on targeted job ads is not expected, human rights tribunals will likely continue to investigate on a case-by-case basis, said Molyneaux.

“Employers who think that this is a black box they can put whatever they want into are wrong — employees can very easily find out why they’re being targeted,” she said.

“If you have anything to be embarrassed about, it’s time to rethink your strategy, because as the public becomes more aware of the practice and of the tools they can use to find out why they’re being targeted, employers are going to be facing some difficult questions.”

Family status and teacher strikes

Canadian HR Reporter, June 1, 2015Online

URL: https://www.hrreporter.com/article/24488-family-status-and-teacher-strikes/

Sarah was interviewed by Canadian HR Reporter on parents' workplace rights during a teacher strike.

“An employer isn’t required to give the perfect accommodation, so maybe for a lot of parents, working from home is the perfect accommodation but if you deal with a lot of sensitive information that can’t be taken home or your job is just not one that transfers well at home, then that might not be reasonable accommodation for your employer to provide,” she said.

“If it’s possible but just a little difficult, I think employers still have (a) duty to look into how they can make that accommodation happen.”

Why Employment Standards Legislation is a Feminist Issue

Lawyers Daily, March 8, 2019Online

URL: https://www.thelawyersdaily.ca/articles/10728/why-employment-standards-legislation-is-a-feminist-issue-?category=analysis

This International Women’s Day, I can’t help but feel a little disheartened as legislative changes threaten hard-won improvements for Ontario’s working women.

Amendments to the Employment Standards Act and the Labour Relations Act by Bill 47 and its companions have rolled back recent strides for workers. Unfortunately, these recent amendments will have a disproportionate and negative impact on women. Women of colour, Indigenous, and newcomer women stand to lose the most.

#BellLetsTalk about practical mental health help for lawyers

Lawyers Daily, January 29, 2019Online

URL: https://www.thelawyersdaily.ca/articles/9997

Talking about mental health issues in the legal profession is important. Lawyers still feel ashamed about admitting to any weakness. We still hesitate to ask for help or take time for self-care. But, talking isn't enough. Our profession needs to take concrete steps to ensure our members are supported financial and practically during mental health crisis.

Mining company lawsuit shows need for international law reform, Sarah Molyneaux and Shin Imai

Law TimesOnline

URL: https://www.lawtimesnews.com/article/speakers-corner-mining-company-lawsuit-shows-need-for-international-law-reform-11529/

In a case that once again demonstrates the lack of international legal protections, a civil suit filed against Tahoe Resources Inc. alleges the Vancouver-headquartered mining company is liable for injuries sustained by seven Guatemalan men at a protest in April 2013.

The suit, filed in Vancouver this June on behalf of the men, alleges that a private security firm engaged by Tahoe shot protesters at close range and caused serious injuries. Six of the plaintiffs are farmers while the seventh is a local student who was a minor at the time of the incident. Tahoe had received an exploration licence for its Escobal mine near the Guatemalan municipality of San Rafael Las Flores last year

No Boys Allowed! Women-Only Spaces and Anti-Discrimination Law

Women's March Canada, June 12, 2018Online

URL: https://www.womensmarchcanada.com/women_only_spaces

Women have been carving out spaces for themselves for centuries. Sometimes, this means taking a spot where our participation has previously been denied, from parliament and the judiciary to social clubs and sports. Other times, it means making a space just for us.

Happy Mother's Day, You're Fired!

Women's March Canada, May 10, 2018Online

URL: https://www.womensmarchcanada.com/sarahmolyneaux/happy_mother_s_day_you_re_fired

In 1979 the Supreme Court of Canada ruled that pregnancy discrimination was not gender discrimination. It took a decade for the Court to correct this position. However, maternity leave firings and pregnancy discrimination persist in Canadian workplaces.

Biography

Sarah Molyneaux is the Founder of Molyneaux Law, a labour, employment and human rights law firm based in Hamilton, Ontario.

Her practice focuses on the challenges that women and parents face in the workplace. Molyneaux regularly represents women who have been fired or demoted during or after a maternity leave/parental leave, who have been sexually harassed, or faced other gender-based discrimination on the job, including unequal pay, the denial of promotion opportunities or conflicts related to childcare issues (i.e. family or parental status accommodation).

In addition to her advocacy on behalf of workers, Molyneaux advises progressive employers who want to provide a safe, inclusive and fair working environment. In this capacity, she talks to employers about options such as: fair wages, flexible scheduling, affirmative action, and anti-discrimination policies.

She has represented clients in cases at the Human Rights Tribunal of Ontario, the Ontario Labour Relations Board, the Canada Industrial Relations Board, the Licence Appeal Tribunal, the Divisional Court, the Federal Court and the Federal Court of Appeal.

Past Talks

Co-Chair - Current Issues in Labour Law

Ontario Bar Association, Toronto, June 7, 2019

OBA Annual Human Rights Law Update - Process Mapping for Applicant and Union Counsel in Concurrent Human Rights Applications and Grievance Arbitrations

Ontario Bar Association, Toronto, May 29, 2019

Jordan Peterson Teach-In

Hamilton City Hall, July 20, 2018

Women's March Hamilton - Pro-Choice Rally

Hamilton City Hall, May 24, 2019

Expertise

  • Human rights law
  • Employment law
  • Sexual harassment
  • Maternity leave
  • Parental leave
  • Equal pay
  • Workplace stereotyping

Education/Éducation

  • St. Francis Xavier University
    Political Science with a subsidiary in Development Studies
    B.A. (first class honours)
  • Osgoode Hall Law School at York University
    J.D.