What is a protected period?
The protection against discrimination lasts for a specific period of time which starts when you become pregnant. This is called the protected period. If you have the right to maternity leave, the protected period ends when your maternity leave ends or when you return to work, if this is earlier.
Who is protected from pregnancy discrimination?
All employees, casual workers, agency workers, freelancers and contractors are protected against pregnancy and maternity discrimination from day one of your employment.
Why is pregnancy a protected characteristic?
WHAT IS THE PROTECTED CHARACTERISTIC OF PREGNANCY AND MATERNITY? The Act makes it unlawful to treat a woman “unfavourably”1 because of her pregnancy and maternity. Women are protected by the Equality Act where they are: a job applicant; and employee/a worker.
Are you protected at work when pregnant?
All workers are protected against discrimination if you are dismissed or treated unfairly because of pregnancy or childbirth. It is discrimination to dismiss you or treat you unfairly because you have taken maternity leave or exercised any of your maternity rights at work.
Can a company get rid of you if your pregnant?
Pregnancy and maternity discrimination
It is against the law to discriminate against anyone because of being pregnant.
Can you be dismissed when pregnant?
You can be dismissed when you are pregnant if there is a fair reason for the dismissal which is unrelated to your pregnancy, and your employer follows a fair procedure. You must not be dismissed if the reason is related to your pregnancy, pregnancy-related illness or because you are about to go on maternity leave.
How do I prove maternity discrimination?
The test for deciding whether you have been discriminated against because of your pregnancy or maternity will be whether you have been treated unfavourably because of:
- your pregnancy;
- a pregnancy-related illness;
- you being on compulsory maternity leave; or.
What are the 7 protected characteristics?
- gender reassignment.
- marriage and civil partnership.
- pregnancy and maternity.
- religion or belief.
Can you sue for pregnancy discrimination?
If you believe that your employer has fired you or discriminated against you because of your pregnancy or related conditions, you may be able to file a discrimination lawsuit. However, before you do so, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) and secure a right to sue letter.
What is the difference between pregnancy and maternity?
Pregnancy and maternity discrimination is when you’re treated unfairly because you’re pregnant, breastfeeding or because you’ve recently given birth. Maternity covers the period of 26 weeks after birth.
What is pregnancy harassment?
The harasser can be your supervisor, a supervisor in another area, a co-worker, or someone who does not work for your employer, such as a client or customer. Pregnancy harassment can include offensive or derogatory comments, jokes, gestures, graffiti, cartoons, or pictures related to pregnancy.
Is pregnancy and maternity a protected characteristic?
Pregnancy and maternity is one of the nine protected characteristics covered by the Equality Act. Pregnancy and maternity discrimination applies to people who are pregnant or expecting a baby and during the period after the birth.