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pregnancy

ID
870

Case No. 48/2010

The plaintiff was employed as a social and health care assistant, but was dismissed from her job after approximately one month due to excessive sickness absence. At the time she was dismissed, the employee was pregnant and submitted a claim to her former employee requesting compensation corresponding to six months’ pay because her dismissal violated the Danish Act on Equal Treatment of Men and Women.

Gonzales v. Marriott

Plaintiff Gonzales was a full-time accountant for the Los Angeles Airport Marriott when she arranged to be a gestational surrogate, due to give birth in April 2014. When the child was born, Plaintiff used her three work breaks to pump breast milk and send it to the child’s family. After two weeks of shipping the milk to the family, Plaintiff continued to lactate for personal health reasons and donated the milk to women’s organizations for mothers who could not breastfeed. Marriot then discontinued her two extra breaks arguing that she was not disabled and not feeding a child at home.

H.N. v. E.Y.A.

On appeal of a judgment of a lower court, the Labor Court ruled that the protection of women from being fired by an employer for reasons related to their pregnancy (including pregnancy-related absences/illnesses) also applies during the trial period, regardless of legislation permitting employers to fire employees during their trial period when absent for a period exceeding seven days.  As a result, a pregnant employee may only be fired during the pregnancy-related protection period (i.e., from the moment the employer is notified of the pregnancy until one month following the legal pos

Jumbo v. Banja La Mtsogolo

The applicant, Salome Jumbo, claimed she was dismissed as a result of her pregnancy. In 1999, the applicant started as a temporary nurse aid at a clinic and continued in that position until 2001. In 2001, the manager of the clinic assured the applicant that her job had become permanent. On April 4, 2001, the manager discovered that the applicant was pregnant. He immediately warned the applicant that he would not allow her to keep her job if she remained pregnant, as they wanted a permanent nurse aid.

Kelley Co., Inc. v. Marquardt

Plaintiff Marquardt took eight weeks off for maternity leave and vacation.  During that time, her supervisor reorganized the division in which she worked and redefined her responsibilities.  He did not inform her of these changes.  Included in the reorganization was the elimination of plaintiff’s position as credit manager.  The position was divided into two positions, and Marquardt’s supervisory responsibilities decreased.  Her new position also involved 25% clerical work, whereas in her old position, she had no clerical work.  She received the same pay and be

KKO 1992:7

The issue here was whether the employer company was guilty of discrimination in working life. Marja-Liisa Laukkanen had been working at Oy Kolmeks Ab. During her four months trial period, she got pregnant on which she informed her employer. Soon after that, she was dismissed on the grounds that she was on her trial period. Ms. Laukkanen claimed that her pregnancy was the ground for the dismissal which was against Section 8 of the Finnish Equality Act (609/1986, as amended) (the "Equality Act") on the basis of discrimination in work life.  In addition, Ms.

L. Š. prieš Rumunijos ambasadą Lietuvos Respublikoje (L.Š. v. Romanian Embassy in Lithuania)

The applicant, a translator for the Romanian Embassy, was terminated without explanation the day after officially informing the employer of her pregnancy. She argued that her dismissal was based on gender discrimination, while the employer stated that it was because of unsatisfactory results during the contractual probationary period. The Court ruled in favor of the applicant awarding LT 50,000 in pecuniary and LT 10,000 in non-pecuniary damages to be paid by the Romanian Embassy in the Republic of Lithuania.

Madam F v SA Schenk

A female employee was dismissed with severance pay due to a period of incapacity resulting from two consecutive miscarriages.  In the circumstances of the case, it was not possible to apply article 40 (protection against dismissal for pregnant women) of the Labour Law of 16 March 1971, because the employer was not informed of the pregnancy. However, because the dismissal followed right after the second miscarriage, the female employee was discriminated against based on her sex.  This was not refuted by the employer.

Mejia v. Catholic Charities of the Archdioceses of Chicago

Plaintiff worked for Defendant when she became pregnant with a high-risk pregnancy. Plaintiff told supervisor that she was not strong enough to endure the pregnancy and had several dangerous near-miscarriages. Plaintiff was shortly demoted to a position which included manual labor. After work-related anxiety attacks, she prematurely delivered a son. Plaintiff brought claims for intentional infliction of emotional distress, gender discrimination, and pregnancy-related retaliation under Title VII of the Civil Rights Act of 1964 as well as a negligence claim on behalf of her son.

Mwanza v. World Vision Malawi

The respondent employed the applicant on a fixed term contract as a data entry clerk. The applicant’s contract term was four years expiring on January 10, 2005. However, the respondent terminated her on December 22, 2003. The reason given for her termination was that she had become pregnant out of wedlock. The applicant challenged the dismissal and took legal action against the respondent. The respondent conceded that the reason for termination was invalid and asked the court to decide on a remedy. The applicant asked for reinstatement as the remedy.

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