Pregnancy and maternity discrimination

1. Current legislation

1.1. Law 1822 of 2017, provides that every worker in a state of pregnancy is entitled to maternity leave of eighteen (18) weeks in childbirth, paid for the salary she accrues at the time of starting her maternity leave.

1.2. In addition, they have the fundamental right to free personal expression, equality, and the rights of babies, in accordance with the Political Constitution

2. Exemplary case

2.1. Diana is breastfeeding your 6 week old baby on the bus. The driver tells her to stop breastfeeding or leave the bus, because another passenger has complained.

2.2. Diana is asked at a job interview if she is planning to have children. The interviewer says he does not want to ‘invest in a woman who is going to cost the business money by taking maternity leave.

3. Definition

3.1. Pregnancy and maternity discrimination is when you’re treated unfairly because you are pregnant, breastfeeding or because you have recently given birth. You must suffer a disadvantage as a result of the unfair treatment

4. Features

4.1. Exist an unfavourable treatment

4.2. it occurs in an area of public life or in the workplace.

4.3. Can include degrading or humiliating comments from interviewers, co-workers or managers, as well as unreasonable workplace policies and practices that an employee who is pregnant or breastfeeding can't fulfil.

4.4. Affects the fundamental rights of the pregnant woman and the baby

4.5. includes any distinction, including any exclusion, restriction or preference based on pregnancy