A few days ago we knew that the crisis we are going through has increased the number of pregnant women who become unemployed.
As a counterpart, today we learn that the Supreme Court ratifies a previous ruling of the Constitutional when deciding declare any dismissal to a pregnant worker void, even when the company was unaware of the situation at the time of dismissal.
So far it was necessary for the company to know that the woman was pregnant to consider the dismissal void, however the novelty is that it will not be necessary for the company to have known the previous situation of pregnancy to declare the dismissal void. That is, the worker will not be required to demonstrate in a trial that the company knew her situation.
Of course, we are not talking about when there are objective reasons for dismissal such as the closure of the company or conduct incompatible with its obligations. The objective is to protect women against indiscriminate dismissals only because they are pregnant.
Of course, the theory is very good, but we know that in practice things are not so ideal and that unfortunately there are many women discriminated against at work for waiting for a child, and even for having the intention. Without going any further, pregnancy is the first cause of dismissal among working women.
There are those who do not see the sentence entirely favorable to women, because they believe it will cause even more discrimination when it comes to hiring young women of childbearing age. What do you think? Do you think it is the new decision of the Supreme favors the employment status of women?
