Explanatory Notes

Equality Act 2010

2010 CHAPTER 15

8 April 2010

Commentary on Sections

Part 2: Equality: Key Concepts

Chapter 2: Prohibited conduct
Section 17: Pregnancy and maternity discrimination: non-work cases
Effect

73.This section defines what it means to discriminate because of a woman’s pregnancy or maternity, as distinct from her sex, in specified situations outside work. It protects a woman from discrimination because of her current or a previous pregnancy. It also protects her from maternity discrimination, which includes treating her unfavourably because she is breast-feeding, for 26 weeks after giving birth and provides that pregnancy or maternity discrimination as defined cannot be treated as sex discrimination.

Background

74.This section is designed to replicate the effect of similar provisions in the Sex Discrimination Act 1975 and extends the protection to cover discrimination in relation to public functions, education, and to associations, where no such protection previously existed.

Examples