Roger J. Hansell

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 appellant appealed a decision of the Manitoba Court of Appeal that had set aside an arbitration award regarding a company's 'no beard' rule.

The Supreme Court of Canada allowed the appeal, agreeing with the dissenting reasons in the court below, and restored the initial order dismissing the union's application to set aside the arbitration award.