Section 17: Pregnancy and maternity discrimination: non-work cases

Equality Act 2010 · 2010 c. 15View on legislation.gov.uk

Part 2: Equality: key concepts — Chapter 2: Prohibited conduct

This section has effect for the purposes of the application to the protected characteristic of pregnancy and maternity of—

Part 3 (services and public functions);
Part 4 (premises);
Part 6 (education);
Part 7 (associations).

A person (A) discriminates against a woman if A treats her unfavourably because of a pregnancy of hers.

A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.

The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.

For the purposes of this section, the day on which a woman gives birth is the day on which—

she gives birth to a living child, or
she gives birth to a dead child (more than 24 weeks of the pregnancy having passed).

Section 13, so far as relating to sex discrimination, does not apply to anything done in relation to a woman in so far as—

it is for the reason mentioned in subsection (2), or
it is in the period, and for the reason, mentioned in subsection (3).

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