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Part 2 E+W+SEquality: key concepts

Chapter 2E+W+SProhibited conduct

DiscriminationE+W+S

17Pregnancy and maternity discrimination: non-work casesE+W+S

(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).