Sex Discrimination & IVF

Head of Legal gives some interesting commentary on an ECJ case which states that adverse treatment of a woman undergoing IVF treatment constitutes discrimination contrary to the Equal Treatment Directive – Mayr v Flöckner.

I won’t repeat what HoL says, either about the facts or the rationale of the decision, as I think he hits the nail on the head. IVF has been differentiated from simple pregnancy-related sickness, and this must be right. IVF can nowadays be seen as an integral part of the process itself for many women – curtail an employee’s opportunity to have it and you curtail her opportunities to become pregnant at all.

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