Employers must take extra care over applications from new or expectant
mothers following a European Court of Justice
ruling.
According to law firm Nabarro Nathanson, employers who reject applications
from pregnant candidates because giving them a job would lead to suspension on
full pay, or a temporary transfer under health and safety rules, risk
discrimination claims.
A recent ECJ ruling in the Mahlburg case says that employers cannot decline
to employ expectant mothers because a particular job is prohibited by health
and safety regulations. An employer can also not justify refusing the job
because they would suffer financial loss through the woman not being in her
post during pregnancy.
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