Part 2Equality: key concepts

Chapter 2Prohibited conduct

Discrimination

17Pregnancy and maternity discrimination: non-work cases

(1)

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

(a)

Part 3 (services and public functions);

(b)

Part 4 (premises);

(c)

Part 6 (education);

(d)

Part 7 (associations).

(2)

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

(3)

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.

(4)

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.

(5)

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

(a)

she gives birth to a living child, or

(b)

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

(6)

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

(a)

it is for the reason mentioned in subsection (2), or

(b)

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