The Eurpoean Court of Justice has confirmed that dismissal or unfavourable treatment of women undergoing IVF amounts to sex discrimination. In a case referred from Austria (Mayr v Backerei und Konditorei Gerhard Flockner OHG ECJ C-506/06, 26/2/08), the EJC said that the Pregnant Workers Directive only had effect from the moment of pregnancy, which in a case of IVF was when the fertilised ova was implanted.
However, the court felt it appropriate to conclude that the Equal Treatment Directive precludes the dismissal of a woman where it is established that the dismissal is based on the fact she had undergone IVF treatment.
Currently ACM is dealing with a case where a member undergoing treatment is facing questions about her commitment to her job, directly arising from her need to attend a fertility clinic. This recent ruling is therefore both welcome and timely.
