Two cases have recently been referred to the European Court of Justice (ECJ).  The first case concerns a woman who became a mother, by way of surrogacy, and whether she should be entitled to paid maternity leave to bond with her baby.

The second case poses a question as to whether the (old) Sex Discrimination Act covers “associative” pregnancy discrimination; this is discrimination on the grounds of a persons association with a pregnant woman. In this case a man argues that he was discriminated against at work because of his partner’s pregnancy and the question for the ECJ is whether the old Sex Discrimination Act should be protecting him from associative pregnancy discrimination.

These cases are still with the European Court of Justice and have yet to be decided however it is clear that associative discrimination is covered by the Equality Act 2010, however it is not clear whether it covers associative pregnancy discrimination. For further details on related issues please contact Reggie Lloyd.