Three female Safeway employees filed a complaint with the Manitoba Human Rights Commission stating that the company plan discriminated based on sex and family status by denying benefits for loss of pay due to accident or sickness during a 17-week period during pregnancy (even if the accident or sickness at issue was unrelated to the pregnancy). The Commission’s adjudicator dismissed the claims, and this decision was upheld by the Court of the Queen’s Bench and the Court of Appeal. The Supreme Court of Canada decided that Safeway’s plan did discriminate against pregnant women. Noting that “it cannot be said that discrimination is not proven unless all members of a particular class are equally affected,” the Supreme Court of Canada determined Safeway discriminated against the employees on the basis of sex under the Manitoba Human Rights Act.
Brooks v. Canada Safeway Ltd.