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

  • Case Reference
    DEC-E2014-050
  • Legal Body
    Equality Tribunal
  • Type of Claim / Jurisdiction
    Discrimination and Equality
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

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This article is correct at 01/12/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Bernadette Treanor
Beo Solutions

The main content of this article was provided by Bernadette Treanor. Contact telephone number is +353 86 6024 411 or email bernadette@beosolutions.ie

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