Dekker v Stichting VJV

D, when pregnant, applied for employment as an instructor in a youth training centre with Stichting Vormingscentrum voor Jong Volwassenen (VJV). VJV considered D to be the best candidate for job, however, as the selection committee had been informed by D that she was pregnant VJV declined to offer her employment. The ECJ held that an employer who acts in the manner VJV did was in breach of the Equal Treatment Directive, and in direct contravention of the principle of equal treatment embodied in Articles 2(1) and 3(1) of Council Directive 76/207/EEC if he refuses to employ a female candidate based solely on the possible adverse consequences of her pregnancy, owing to rules on unfitness for work adopted by the public authorities, which assimilate inability to work on account of pregnancy and confinement to inability to work on account of illness. Further, the ECJ held that the application of the Equal Treatment Directive would not differ where in the circumstances described above no male applied for a post. If a woman is refused employment due to matters relating to her sex, for example pregnancy, it is always discriminatory

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