Abstract

It is generally accepted that women have the right to participate in the workplace, although only if replicating the traditional male mode of working. To this extent, the right to formal equality with men is generally agreed to be a legitimate goal for legislation. However, where the limitations of such assimilation to a male norm come into sharp focus, as they do in the context of pregnancy, the restrictions placed on improving the position of women are evident. The courts seek to accept the arguments of employers that some limitation on the rights of women to participate fully in the workplace is necessary, with the unarticulated assumption that pregnancy constitutes a real difference between the sexes, incompatible with their notion of (formal) equality. Thus, it is argued, that the advances so far gained in the relation to pregnancy dismissals do not represent a cultural shift in attitudes towards accommodating pregnant women and women with children into the workplace. They have been adopted only reluctantly by the UK courts and legislature, with limitations still being placed on their effect particularly in respect of dismissals on account of pregnancy-related illness. The rights of women not to be discriminated against solely on the basis of their biological ability to give birth must continue to be advocated and given attention; complacency will likely see those rights progressively restricted