Pregnancy Discrimination - European Union

European Union

The European Union regards less favourable treatment on grounds of pregnancy as unlawful, and the same thing as discrimination on grounds of sex (contrasting to the American case of Geduldig v. Aiello and consistent with the American approach in the Pregnancy Discrimination Act of 1978).

The European Court of Justice decided in Dekker v Stichting Vormingscentrum Voor Jone Volwassen (VJV-Centrum) Plus that pregnancy discrimination was sex discrimination without any requirement for comparing this unfavourable treatment to a man. It reaffirmed this position in Webb v EMO Air Cargo (No 2) where a woman had been dismissed because she had attempted to take pregnancy leave, but had not disclosed this to her employer when hired. As well as a dismissal, a failure to renew a fixed term contract may also be discrimination. Furthermore, during any period of pregnancy or maternity leave there may be no detriment or dismissal in connection with a period of sickness. A woman is also allowed to shorten her maternity leave and return to work when she becomes pregnant again to get the second period of pregnancy, even though she is not fully able to carry out all her normal job functions.

It is also clear that women who are pregnant are protected at job interviews. In the Tele Danmark case a woman has been held to be not at fault for not telling an employer she was pregnant while being interviewed for a job, despite knowing she was pregnant.