Fortunately, the case that our colleague Lola told us a few months ago about a woman dismissed by announcing that she was going to undergo in vitro fertilization has been treated fairly.
There are already many painful cases of women who have difficulties in maintaining their jobs after announcing their pregnancy, despite the laws that protect them. But, can we imagine being fired from our job for announcing that we are looking for a pregnancy? Well yes, unfortunately it also happens.
Although in this case a judgment of the Court of Justice of the European Union has taken a step forward in the not always easy task of being a woman and worker. Today he announced that the dismissal of a worker in an advanced stage of a fertilization treatment in vitro is discriminatory. Therefore, it is recognized that, although the woman is not yet pregnant for legal purposes, the dismissal constitutes a direct discrimination based on sex.
The ruling of the European court has come in response to an issue raised by an Austrian court that processed the complaint of the woman who was fired by her company 2 days after communicating that embryos were to be implanted as a result of fertilization in vitro.
What has been confirmed is that, although the worker cannot avail herself of protection against dismissal related to pregnant workers, she can do so protection against discrimination based on sex.
It is pitiful to know of these difficulties that are presented to working mothers, and although there is a long way to a true conciliation and equal conditions, one begins with steps such as these that are illuminating bits of the winding road.
