Chapter

Discrimination on the grounds of pregnancy and maternity

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Second edition

Published in print November 2012 | ISBN: 9780199698462
Published online January 2013 | e-ISBN: 9780191745904 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199698462.003.0007

Series: Oxford European Union Law Library

Discrimination on the grounds of pregnancy and maternity

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This chapter brings together all the relevant provisions and case-law on pregnancy and maternity discrimination. The pivotal concepts of ‘pregnancy’ and ‘pregnant worker’ are analysed. The discussion then moves on to the role of the comparator, the health and safety obligations of the employer with respect to the pregnant worker, and employment rights during pregnancy and maternity leave. The right not to be dismissed is the subject of a specific section. The right to parental leave both under the new Parental Leave Directive and the Equal Treatment Directive is analysed The chapter ends with a discussion of the proposed amendments to the Pregnancy Directive.

Keywords: pregnancy; maternity; comparator; preservation of employment rights; pay, dismissal; parental leave

Chapter.  17566 words. 

Subjects: EU Law

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