Brooks v Canada Safeway Ltd | |
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Hearing: June 15, 1988 Judgment: May 4, 1989 | |
Full case name | Susan Brooks v. Canada Safeway Limited; Patricia Allen and Patricia Dixon and the Manitoba Human Rights Commission v. Canada Safeway Limited |
Citations | [1989] 1 S.C.R. 1219 |
Docket No. | 20131 |
Prior history | Judgment for Safeway in the Manitoba Court of Appeal. |
Ruling | Appeal allowed. |
Holding | |
Denial of employee benefit to women on leave for pregnancy is discrimination. | |
Court Membership | |
Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest, Claire L'Heureux-Dubé | |
Reasons given | |
Unanimous reasons by | Dickson C.J. |
Lamer, Le Dain, and McLachlin JJ. took no part in the consideration or decision of the case. |
Brooks v Canada Safeway Ltd [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].
The Supreme Court of Canada is the highest court of Canada, 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. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms.
Pregnancy, also known as gestation, is the time during which one or more offspring develops inside a woman. A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy can occur by sexual intercourse or assisted reproductive technology. Childbirth typically occurs around 40 weeks from the last menstrual period (LMP). This is just over nine months, where each month averages 31 days. When measured from fertilization it is about 38 weeks. An embryo is the developing offspring during the first eight weeks following fertilization, after which, the term fetus is used until birth. Symptoms of early pregnancy may include missed periods, tender breasts, nausea and vomiting, hunger, and frequent urination. Pregnancy may be confirmed with a pregnancy test.
Safeway is a Canadian supermarket chain of 183 full service supermarket stores in Western Canada.
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.
Canadian labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Canada. Canadian employment law is that body of law which regulates the rights, restrictions obligations of non-unioned workers and employers in Canada.
This article about Canadian law is a stub. You can help Wikipedia by expanding it. |
Abortion in Canada is legal at all stages of pregnancy, and is governed by the Canada Health Act. While some non-legal obstacles exist, Canada is one of only a few nations with no legal restrictions on abortion. Regulations and accessibility vary between provinces.
Doe v. Bolton, 410 U.S. 179 (1973), was a decision of the United States Supreme Court overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of Roe v. Wade.
Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.
The Pregnancy Discrimination Act (PDA) of 1978 is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
Bliss v Canada (AG) [1979] 1 S.C.R. 183 is a famous Supreme Court of Canada decision on equality rights for women under the Canadian Bill of Rights. The Court held that women were not entitled to benefits denied to them by the Unemployment Insurance Act during a certain period of pregnancy. This case has since become the prime example demonstrating the inadequacies of the Canadian Bill of Rights in protecting individuals' rights. This ruling was eventually overturned in Brooks v. Canada Safeway Ltd., [1989] 1 SCR 1219.
Women's Legal Education and Action Fund, referred to by the acronym LEAF, is "the only national organization in Canada that exists to ensure the equality rights of women and girls under the law.". Established on April 19, 1985, LEAF was formed in response to the enactment of Section 15 of the Canadian Charter of Rights and Freedoms to ensure that there was fair and unbiased interpretation of women's Charter rights by the courts. LEAF performs legal research and intervenes in appellate and Supreme Court of Canada cases on women's issues. LEAF has been an intervener in many significant decisions of the Supreme Court of Canada, particularly cases involving section 15 Charter challenges. In addition to its legal work, LEAF also organizes speaking engagements and projects that allow lawyers interested in women's rights to educate one another, to educate the public, and to create collective responses to legal issues related to women's equality. LEAF was created by founding mother Doris Anderson and other women.
Miron v Trudel, [1995] 2 S.C.R. 418 is a famous Supreme Court of Canada decision on equality rights under section 15 of the Canadian Charter of Rights and Freedoms where the Court found "marital status" was an analogous ground for discrimination. The Court held that an insurance benefit provided only to married couples discriminated against common-law couples.
The Foundation for Equal Families is a Canadian gay and lesbian rights group founded in 1994 following the failure of Bill 167 in the Legislative Assembly of Ontario. The group's mandate is "Dedicated to achieving recognition and equality for same sex relationships and associated family rights through education and legal action". Meeting this mandate was accomplished by intervening in various precedent-setting legal cases, through representation at various pride parades and most notably in suing the Canadian federal government over failure to amend 58 pieces of federal legislation that were charter-infringing due to the definition of spouse.
Dobson v Dobson, [1999] 2 S.C.R. 753 was a landmark decision by the Supreme Court of Canada on a pregnant woman's legal duties in tort law. It was the first time the Supreme Court of Canada had to consider this issue. The majority of the Court found that tort claims cannot be brought against women for negligence toward the fetus during pregnancy.
The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on September 18, 1959.
Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974), found that overly restrictive maternity leave regulations in public schools violate the Due Process Clause of the Fifth Amendment and the Fourteenth Amendment.
Timeline of women's legal rights represents formal changes and reforms regarding women's rights. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents.. For such things only in the United States, see Timeline of women's legal rights in the United States. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism: for that, see Timeline of feminism.
Geduldig v. Aiello, 417 U.S. 484 (1974), was an equal protection case in the United States in which the US Supreme Court ruled on whether unfavorable treatment to pregnant women could count as sex discrimination. It held that the denial of insurance benefits for work loss resulting from a normal pregnancy did not violate the Fourteenth Amendment. The California insurance program at issue did not exclude workers from eligibility based on sex but excluded pregnancy from a list of compensable disabilities. The majority found that even though only women would be directly affected by the administrative decision, the classification of normal pregnancy as non-compensable was not a sex-based classification and so the court would defer to the state so long as it could provide a rational basis for its categorization.
Timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from gender-based practices such as female genital cutting (FGC) and male genital mutilation (MGM).
Weinberger v. Wiesenfeld, 420 U.S. 636 (1975), was a decision by the United States Supreme Court, which unanimously held that the gender-based distinction under 42 U.S.C. § 402(g) of the Social Security Act of 1935—which permitted widows but not widowers to collect special benefits while caring for minor children—violated the right to equal protection secured by the Due Process Clause of the Fifth Amendment to the United States Constitution.
AT&T Corporation v. Hulteen, 556 U.S. 701 (2009), is a US labor law case of the United States Supreme Court, holding that maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act needed not to be considered in calculating employee pension benefits.
Young v. United Parcel Service, 575 U.S. ___ (2015), is a United States Supreme Court case that the Court evaluated the requirements for bringing a disparate treatment claim under the Pregnancy Discrimination Act. In a 6-3 decision, the Court held that to bring such a claim, a pregnant employee must show that their employer refused to provide accommodations and that the employer later provided accommodations to other employees with similar restrictions. The Court then remanded the case to the United States Court of Appeals for the Fourth Circuit to determine whether the employer engaged in discrimination under this new test.
Timeline of women's legal rights in the United States represents formal legal changes and reforms regarding women's rights in the United States. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents. For such things outside as well as in the United States, see Timeline of women's legal rights. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage in the United States. The timeline also excludes ideological changes and events within feminism and antifeminism: for that, see Timeline of feminism in the United States.
Califano v. Goldfarb, 430 U.S. 199 (1977), was a decision by the United States Supreme Court, which held that the different treatment of men and women mandated by 42 U.S.C. § 402(f)(1)(D) constituted invidious discrimination against female wage earners by affording them less protection for their surviving spouses than is provided to male employees, and therefore violated the Due Process Clause of the Fifth Amendment to the United States Constitution. The case was brought by a widower who was denied survivor benefits on the grounds that he had not been receiving at least one-half support from his wife when she died. Justice Brennan delivered the opinion of the court, ruling unconstitutional the provision of the Social Security Act which set forth a gender-based distinction between widows and widowers, whereby Social Security Act survivors benefits were payable to a widower only if he was receiving at least half of his support from his late wife, while such benefits based on the earnings of a deceased husband were payable to his widow regardless of dependency. The Court found that this distinction deprived female wage earners of the same protection that a similarly situated male worker would have received, violating due process and equal protection.
Timeline of women's legal rights represents formal changes and reforms regarding women's rights. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism: for that, see Timeline of feminism.