Brooks v. Safeway Canada
Encyclopedia
Brooks v. Safeway Canada [1989] 1 S.C.R. 1219 is a leading Supreme Court of Canada
decision on employer discrimination of pregnant
employees. The Court found that Safeway
violated the provincial Human Rights Act by failing to provide equal compensation for those who missed work due to pregnancy. This decision overturned the controversial case of Bliss v. Attorney General of Canada, [1979].
In 1982, Susan Brooks, Patricia Allen and Patricia Dixon were all part-time cashiers at Safeway who became pregnant. The Safeway insurance plan that provided benefits for loss of pay due to accident or sickness did not give full benefits for 17 weeks for those who were unable to work due to pregnancy. The three women brought claims against Safeway for discriminating on the basis of pregnancy for discrimination based on sex. The Court held unanimously that the insurance policy was discriminating against pregnant women.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on employer discrimination of pregnant
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
employees. The Court found that Safeway
Safeway Inc.
Safeway Inc. , a Fortune 500 company, is North America's second largest supermarket chain after The Kroger Co., with, as of December 2010, 1,694 stores located throughout the western and central United States and western Canada. It also operates some stores in the Mid-Atlantic region of the Eastern...
violated the provincial Human Rights Act by failing to provide equal compensation for those who missed work due to pregnancy. This decision overturned the controversial case of Bliss v. Attorney General of Canada, [1979].
In 1982, Susan Brooks, Patricia Allen and Patricia Dixon were all part-time cashiers at Safeway who became pregnant. The Safeway insurance plan that provided benefits for loss of pay due to accident or sickness did not give full benefits for 17 weeks for those who were unable to work due to pregnancy. The three women brought claims against Safeway for discriminating on the basis of pregnancy for discrimination based on sex. The Court held unanimously that the insurance policy was discriminating against pregnant women.