LEGAL UPDATE-Protected from in vitro fertilization dismissal

Protected from in vitro fertilization dismissal

The ECJ ruled that women undergoing in vitro fertilization treatment, who have had their ova fertilized but not yet implanted, are not ‘pregnant’, and thus are not protected from dismissal by the EC Pregnant Workers Directive (No.92/85). However, the dismissal of a women, if related to her in vitro fertilization treatment, amounts to discrimination on the ground of sex contrary to the EC Equal Treatment Directive (No.76/207), since only women receive such treatment. 

The ECJ considered that the objective of the prohibition on the dismissal of pregnant workers in the Directive is to avoid the potentially harmful effects on the physical and mental state of pregnant workers, and that, as such, the earliest possible date in a pregnancy should be chosen for the protection to start.

 However, M’s Mayr had yet to have her fertilized ova implanted when the dismissal occurred and the Directive could not be held to apply to a worker in her situation otherwise women, who have postponed the transfer for years, or even abandoned it, would have the benefit of protection from dismissal due to their stored fertilized ova. However, Ms Mayr could potentially rely on Directive No.76/207, which prevents discrimination on the ground of sex.

In vitro fertilization, like pregnancy, can only directly affect  women. Therefore, Directive No.76/207 prevents the dismissal of a female worker who is at an advanced stage of in vitro fertilization treatment, if the dismissal is principally based on the fact that the woman has undergone such treatment.  Case No: ECJ C-506/06 

 

Read more

Latest News

Read More

Why so many smart leaders are terrible at leading people

29 July 2025

Talent Management

29 July 2025

Deepfake interviews. Synthetic faces. Tampered documents. As generative AI reshapes identity fraud, traditional screening methods are being put to the test. Giant Screening CEO Mathew...

Worklife Balance

28 July 2025

The issue isn’t just about time management; it’s about mental bandwidth. The cognitive load of managing multiple priorities can leave little room for self-care, creativity,...

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Queen Mary University of London – IT Services DirectorateSalary: £54,617 to £60,901 per annum This provides summary information and comment on the subject areas covered.

University of Sussex – Human Resources Salary: £25,733 to £29,179. Grade 4, per annum, pro rata if part time This provides summary information and comment

UCL – Chemistry Department / Faculty of Mathematical & Physical SciencesSalary: £54,172 to £63,752 This provides summary information and comment on the subject areas covered.

University of Oxford – Department of PsychiatrySalary: £31,459 to £36,616 (discretionary range to £39,749) per annum. Grade 5 This provides summary information and comment on

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE