Elsa was a favourite among all employees at Grocers Group, where she worked for nearly eight years.

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Elsa was a favourite among all employees at Grocers Group, where she worked for nearly eight years. During that time, Elsa got married. Her manager knew that Elsa wanted children and hoped that she would remain enthusiastic about returning to her job when she announced, one day, that she was pregnant. Elsa’s group insurance plan at Grocers provided weekly benefits for loss of pay on account of accident or sickness. Elsa was told that this provision covered pregnant employees, subject to an exclusion “during the period commencing the tenth week prior to the expected week of confinement and ending with the sixth week after the week of confinement.” During that 17-week period, pregnant women, even if they suffered from an ailment totally unrelated to pregnancy, were not entitled to any compensation under the plan. When Elsa had to miss work because of illness during her pregnancy, she was denied weekly benefits during the disentitlement period. Fortunately, she was able to receive some limited benefits under the provincial Employment Insurance Act. Elsa believes that her insurer’s policy is discriminatory and is seeking to file a complaint with her provincial Human Rights Commission. What should she argue and do you think a human rights tribunal will find in her favour?

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Related Book For  answer-question

Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0132164429

4th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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