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The Legal Protection of the Pregnant Worker in the European Community


ISBN13: 9789041118424
ISBN: 904111842X
Published: August 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £233.00



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At the intersection of the private sphere of the household and the public sphere of the labour market and paid work lie four essential human realities: pregnancy, childbirth, breastfeeding and childrearing. Do these factors make women unattractive as workers and cause them to be discriminated against in the labour marketplace? This study sets out to answer this question through an in-depth analysis of theory and actuality in the European Union, providing detailed analysis of EC legal measures and ECJ case law. The author's conclusions are bolstered by a revealing comparison with similar legislation and jurisprudence in the United States. The focus of the study is on the relatively narrow area of sex discrimination - discrimination because of the biological factors of pregnancy, childbirth and breastfeeding. The author demonstrates that an understanding of this specific and measurable kind of discrimination is the first step toward discrediting the wider category of gender discrimination, which penalizes women as full-time caregivers who cannot be relied upon as workers in the marketplace.

Contents:
I. Introduction. A. Background Thoughts. B. Scope and Objective of this Study. II. Theoretical Framework. A. Sex Equality and Discrimination: The Case of the Labour Market.
1. Legal Theories of Sex Equality/ Difference and Discrimination.
2. Discrimination of Women in the Labour Market. B. Pregnancy Discrimination as Key Aspect of Discrimination Against Women in the Labour Market.
1. Pregnancy, Childbirth and Breastfeeding as Biological Obstacles to a Career.
2. Pregnancy Discrimination as Economically Rational Discrimination: The Economics of Sex Discrimination in the Market Place.
3. Theoretical Scheme. C. The European Community and the United States.
1. The E.C. and the U.S. as Laboratories for Legal Research on Pregnancy Discrimination.
2. The Impact of Societal Values. III. Protection of Pregnant Employees and Employees Who Have Just Given Birth or Are Breastfeeding in the European Community (E.C.). A. A Snapshot of Working Women in the E.C.
1. A European Woman's Work in Family and Wage Economies.
2. Growing Female Labour Force Since World War II.
3. Flexibility and the Understanding of What is Vital to Survival as Key Factors in the Evolution. B. An Analysis of the E.C. Measures Concerning Pregnant and Breastfeeding Employees.
1. The Powers of the European Community in the Social Field.
2. Overview of E.C. Legal Measures Regarding Pregnancy, Childbirth and Breastfeeding. C. An Analysis of the Relevant Case Law of the European Court of Justice.
1. Introduction: The Role of the European Court of Justice (ECJ).
2. The Court of Justice's Interpretation of E.C. Measures Regarding Pregnancy, Childbirth and Breastfeeding. D. Preliminary Conclusion.
1. The Court's and the E.C. Legislator's Proactive Approach Regarding Equal Pay for Work of Equal Value: An Anomaly? 2. The Court's and the E.C. Legislator's Reserved Approach with Respect to Pregnancy, Childbirth and Breastfeeding.
3. Encouraging the Court of Justice. IV. Pregnancy Protection in the United States (U.S.). A. The Working Woman in the U.S.
1. Women's Work in the Young American Nation.
2. Women's Current Participation in the American Labour Market.
3. The Link Between Sex Inequality in the Job Market and the Separate Spheres Ideology. B. An Analysis of American Measures Concerning Pregnant and Breastfeeding Employees.
1. A State or a Federal Competence? 2. An Overview of American Pregnancy, Childbirth and Breastfeeding Measures. C. The Interpretation of American Pregnancy/ Breastfeeding Measures by the U.S. Supreme Court.
1. Introduction: The Role of the U.S. Supreme Court.
2. The Interpretation of Pregnancy, Childbirth and Breastfeeding Measures by the U.S. Supreme Court. D. Preliminary Conclusion. V. Comparative Analysis and Suggestions. A. European and American Perspectives on Equality.
1. Different Societies, Different Notions of Equality.
2. Prohibition of Discrimination Against Pregnant Employees and Employees Who Have Just Given Birth or Are Breastfeeding.
3. Preliminary Conclusion.

Series: Series in Employment and Social Policy

The Changing Institutional Face of British Employment Relations ISBN 9789041125415
Published March 2006
Kluwer Law International
£130.00
Collective Agreements and Individual Contracts of Employment
ISBN 9789041121905
Published October 2003
Kluwer Law International
£188.00
Effective Enforcement of EC Labour Law ISBN 9789041121608
Published May 2003
Kluwer Law International
£170.00
A Decade Beyond Maastricht: the European Social Dialogue Revisited ISBN 9789041121639
Published January 2003
Kluwer Law International
£121.00
From Rights to Management
Terry CarneyFaculty of Law, University of Sydney, Australia, Gaby . Ramia
ISBN 9789041118899
Published August 2002
Kluwer Law International
£135.00
Quality of Work and Employee Involvement in Europe
ISBN 9789041118851
Published August 2002
Kluwer Law International
£170.00
Dutch Social Security Law in an International Context
Frans PenningsTilburg University, Netherlands
ISBN 9789041118875
Published July 2002
Kluwer Law International
£154.00
Labour Law, Human Rights and Social Justice
ISBN 9789041116970
Published November 2001
Kluwer Law International
£170.00
Legal Perspectives on Equal Treatment and Non-discrimination
ISBN 9789041116659
Published August 2001
Kluwer Law International
£197.00
What Future for Social Security?
Jochen ClasenUniversity of Sterling, Scotland
ISBN 9789041116710
Published July 2001
Kluwer Law International
£135.00
£144.00
Transnational Labour Regulation ISBN 9789041115836
Published June 2001
Kluwer Law International
£154.00
The ILO and the Social Challenges of the 21st Century
ISBN 9789041115720
Published April 2001
Kluwer Law International
£126.00
Job Creation and Labour Law ISBN 9789041114327
Published September 2000
Kluwer Law International
£183.00