The Constitutional Court has taken another step in the defense of working women with an exemplary sentence that will help set a precedent.
Until now, the pregnant woman had to inform employers about her condition so that the lay could determine in the case of dismissal whether or not there was an injury to a fundamental right.
However, this sentence is novel because the Court believes that It was not necessary for the worker to notify her status. At the time of firing her, the woman was four months old, her gut was evident, and as she says, everyone in the company knew about her pregnancy.
The woman worked as an administrator in the Provincial Association of Metal of Badajoz. He received a letter of unfair dismissal and went to court to ask for the nullity of his dismissal because he considered it discriminatory.
The pre-Constitutional courts did not agree with him, but he finally gave it to him. The favorable thing about the sentence is that companies cannot claim ignorance, they will not be able to rely on the “did not know” to throw the ball out, since it is very difficult to prove whether the pregnant woman has actually notified her status or not.
It is not necessary to go to work with a sign stuck on the forehead, pregnancy is a state that is evident, so the sentence is good news in pursuit of labor equality between men and women.
