Ms. Z v Government Department, Board of Management of a Community School (DEC-E2014-050)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
Issues covered: Gender; Disability; Surrogacy; Reference Pursuant to Article 267; CJEU Decision C-363/12

This case was one of two that drew considerable attention when referred to, and ruled upon by, the CJEU.  In this case, there was no dispute that the complainant suffered from a disability and the complainant gave evidence that her employer was supportive of her throughout the process of the surrogacy including her needs for leave.  However, when she sought to take maternity leave or adoptive leave she was refused as she had neither given birth to her daughter nor adopted her. 

The Equality Officer, on reading the initial papers, considered that a referral to the CJEU may be appropriate.  He held an initial hearing, requesting further submissions, and subsequently

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This article is correct at 01/12/2015

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Bernadette Treanor
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