Pregnant employees are still too often discriminated against, warns the Defender of Rights

“A still too large number of women are not hired because of their state of pregnancy, do not find their job when they return from maternity leave, or see their trial period broken because they are pregnant”, warned on Monday Defender of Rights Claire Hédon.

Of around 7,000 referrals received last year for cases of discrimination, 3.2% "were on the grounds of pregnancy", she said in a statement on the eve of International Women's Rights Day.

“Many believe that this type of discrimination is over, but in fact it is still very significant,” explained Mathilde Zylberberg, responsible for employment issues at the Defender of Rights.

Pregnant employees who seize the Defender of Rights or justice are only the "tip of the iceberg", because many give up complaining for fear of losing their job, she added.

Remember the rules

At the same time, the institution published a "legal guide" on Monday to remind women that the law protects them.

This reviews a large number of situations where employees can be harmed because they are expecting a child or have taken maternity leave, and recalls all the prohibitions weighing on the employer.

The latter does not have the right “to question a candidate about her current or future state of pregnancy”, to refuse to hire a woman because of her pregnancy, or to dismiss an employee because she is pregnant.

In the latter case, an exception is provided for in the event of "serious fault" on the part of the person concerned, but this fault must still not be linked to the pregnancy: in other words, "certain behavior such as fatigue or irritability which are related to pregnancy are not accepted grounds” for dismissal.

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The guide also specifies that in certain cases, the employee may be justified in claiming in court that she has suffered a form of discriminatory “harassment”.

For example, if the management has suddenly changed its attitude towards her after the announcement of her pregnancy, multiplying the reproaches against her and the destabilizing meetings.

In civil matters (before the industrial tribunal), the burden of proof is reversed, the authors of the legal guide emphasize: the employee does not have to provide indisputable proof of the alleged discrimination, but only to give rise a "reasonable doubt" in the judge's mind.

By publishing a legal guide on these issues, the Defender of Rights hopes that women will be able to “become more aware that they are being discriminated against”.