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MINNESOTA MINING & MFG. CO. v. STATE

Nos. 49079, 49137.

289 N.W.2d 396 (1979)

MINNESOTA MINING AND MANUFACTURING COMPANY, petitioner, Respondent-Appellant, v. STATE of Minnesota, by William L. Wilson, Department of Human Rights, Appellant-Respondent. In the Matter of an Appeal by the STATE of Minnesota BY William L. WILSON, Commissioner, Department of Human Rights, from a Decision of a Hearing Examiner.

Supreme Court of Minnesota.

August 10, 1979.

Attorney(s) appearing for the Case

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Thomas P. Kane, Robert R. Reinhart, Jr., and Keith E. Goodwin, St. Paul, for respondent-appellant.

Warren Spannaus, Atty. Gen., and Richard B. Allyn, Sol. Gen., St. Paul, Erica Jacobson, Sp. Asst. Atty. Gen., St. Paul, for appellant-respondent.

Peterson, Popovich, Knutson & Flynn and Thomas M. Sipkins, St. Paul, for Ind. Sch. Dist. No. 547 et al.

Gary Green, St. Paul, for Minn. Ed. Assn.

Heard, considered, and decided by the court en banc.

ROGOSHESKE, Justice.

Minnesota Mining and Manufacturing Company (3M) and the Minnesota Department of Human Rights (department) both appeal from the judgment of the district court in a sex discrimination case arising out of 3M's exclusion from its income maintenance plan (IMP) of women absent from work due to pregnancy. The issues raised on appeal are:

(1) Does the exclusion of pregnancy-related absences from 3M's IMP constitute sex discrimination prohibited...

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