Brooks v. Safeway Canada
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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, but did not provide 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 unanimous Court held that the insurance policy was discriminating against pregnant women.
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