Discrimination in employment connected with maternity

Abstract

The objective of this thesis is to analyse the difficulties and hurdles which working mothers have to overcome. These include discrimination at the place of work which is present even during the selection process and is recurrent throughout her working life. Working mothers also attempt to achieve a balance between their working hours and caring for their family and home. This however can only be achieved with the full co-operation on part of the father, access to reasonable and trustworthy childcare facilities as well as an agreement with the employer to work from home, on reduced hours or on a part-time basis. This thesis also offers a perspective into the rights of working mothers who should not be penalised for wishing to satisfy their maternal instincts in the light of foreign legislation, judgements and practices. In particular, this thesis tries to analyse the impact of the proposal for a directive of the European Parliament and of the Council to amend Council Directive 92/85/EEC. It emphasises the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. It favours the principle of extending the current 14 weeks of maternity leave to 20 weeks. It delves into the positive and negative reactions of different Member States across the European Union, with particular reference to Malta. Apart from the beneficial outcomes which the extension of maternity leave may have for the mothers, the interests of the employers are also taken into account.