ABSTRACT
There are two areas pertaining to anti-discrimination legislation which are specifically concerned with the fact that women and not men get pregnant, the offspring develops inside the female uterus, and the woman then gives birth, the birth itself giving rise to after-effects which vary enormously in their duration and intensity. The first area of concern is the employment rights of pregnant women and women who have recently given birth. The second area concerns issues of health and safety, both of the mother and the unborn or new-born baby. This may manifest itself, first, in purported attempts to ‘protect’ all women or pregnant women from certain jobs or work at certain times – in particular, at night – where it is considered to be inappropriate or dangerous for women to work and, secondly, where it is suggested that continuing to work may, usually because of some product or discharge associated with the work process, risk damaging the health of the unborn child.
