Aaron L. Berg

The appellants, pregnant employees of the respondent, were denied weekly benefits under the respondent's group insurance plan during a seventeen-week disentitlement period surrounding their expected dates of confinement.

They filed complaints alleging sex discrimination under the Manitoba Human Rights Act.

The Supreme Court of Canada held that the plan discriminated against pregnant employees by singling out pregnancy for disadvantageous treatment compared to other health-related reasons for absence.

Overruling its previous decision in Bliss, the Court established that discrimination on the basis of pregnancy constitutes discrimination on the basis of sex, as the capacity to become pregnant is unique to women.

The appellants, two waitresses, were subjected to severe sexual harassment by a cook at the restaurant where they worked.

The employer failed to take action when informed, leading to the termination of their employment.

The Supreme Court of Canada held that sexual harassment in the workplace constitutes discrimination on the basis of sex under the Manitoba Human Rights Act.

The Court also held that the corporate employer was liable for the discriminatory acts of its employee committed in the course of employment, and restored the original damages awarded by the adjudicator.