A pregnancy dismissal is a discriminatory situation that can cause moral damage to the woman who suffers, surely more than one reader will agree with this opinion. Not long ago there has been a judgment in the Constitutional Court in which moral damages are accepted and the company that laid off a pregnant woman to indemnify her is obliged. However, this small victory has had a long way started in 2001 by the various courts of our country.
As always, the company dismissed a worker knowing that she was pregnant, so without hesitation, the worker sued the company for this proceeding before the Social Court asking for compensation for moral damages. It was a first step in which the farewell achieved the nullity of the dismissal but not the compensation. Not agreeing with the sentence, the worker set out to have moral damages accepted and therefore appealed to the Supreme Court by filing an appeal to the previous sentence although it was dismissed. His efforts led him to file a new appeal in the Constitutional Court, the argument for this was very clear, he had violated the right not to suffer discrimination having suffered a dismissal that, according to the worker, was clearly linked to her pregnancy and Therefore with his status as a woman. As you can see, the wanderings between courts have been long, this court accepted the nullity of the dismissal and sent the case back to the first court (Social Court).
The new sentence recognized discrimination and also accepted compensation for moral damages, of course the amount was significantly lower than the one requested by the plaintiff, 3,500 euros compared to the 16,527 that were requested and although again the worker wanted to appeal that sentence so that Increase the amount, it stayed as it was.
Perhaps the worker failed to increase the compensation, but has set a very useful precedent for future cases. Companies should think about it before firing a future mom, without a doubt, this is a totally discriminatory fact that must be sanctioned. The Spanish Government should take measures on these types of issues, promote birth from the labor point of view and avoid such situations that seriously harm the female sex.
AdvertisingThere are already several cases of improper dismissals that are news, we hope that maternal mobbing will end up remitting for the rights of women and motherhood.
