ABSTRACT
Pregnancy-related discrimination has been described as ‘one of the most hidden and damaging forms of workplace injustice’ (EOC 2005), yet only relatively recently has it been specifically included in the text of the Sex Discrimination Act 1975 (SDA) at S3A and S6A. Prior to this, litigants could only draw on the plethora of case law that acknowledged less favourable treatment on the grounds of pregnancy, or a reason connected to pregnancy (such as being absent on maternity leave), as sex discrimination contrary to the Act. A brief outline of the scope and nature of this type of discrimination and a history of the development of the law are provided below (see below, ‘Pregnancy-Related Discrimination in the UK’, and ‘Pregnancy Discrimination as Sex Discrimination’) At its core though, this chapter explores the potential and limitations of anti-discrimination law provisions to address this type of injustice. Then, ‘Key Issues’ will highlight the main boundaries of the legal protection available and, in doing so, reveals the limits of the equality model as a method of tackling this type of discrimination.
