The ‘sick’ woman: Pregnancy discrimination in employment

Abstract

In legal terms, attempts to bring about equality between men and women in the workplace have failed, mainly because the view of what is equality is based on a false premise: attempts at equality have reinforced the traditional stereotype of ‘men's’ work and ‘women's’ work and have failed to address the structural inequalities that traditionally discriminate against women. A recent decision by the European Court of Justice in a case concerning the sacking of a woman because she was pregnant, reveals what could be a new approach by that Court. This case looks at the unique position of women and attempts to give special rights to women which are not dependent upon them meeting a male norm. It is too early yet to say whether this will presage a genuine equality.