CHAPTER 5

Protection for Pregnant Workers

In 1990 the CJEU delivered a landmark judgment in the case of Dekker vs. Stichting Vormingscentrum voor Jong Volwassenen, which found that pregnancy discrimination was an unlawful direct discrimination on the grounds of gender.1 However, on the same day this judgment was delivered, the court in another case limited its impact. In Hertz vs. Aldi it found that protection from such discrimination was limited in time to the length of the national maternity leave.2 In recent decades it has been a foremost objective of the EU to ensure the health and safety at work of pregnant workers and those who have recently given birth and to ensure that women are not discriminated against in the employment sector on the ...

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