New Case law – Question regarding discrimination and violation of the Pregnant Workers Directive

Two pregnant teachers, employed in different municipalities, were prohibited from working for a period during the pandemic. During this period, in accordance with applicable rules, the teachers did not receive pay from the municipalities but applied for and were granted pregnancy benefits from the Swedish Social Insurance Agency, which meant lower compensation. According to the EU’s Pregnant Workers Directive, pregnant workers who are prohibited from working due to risks to their or their child’s safety or health must be guaranteed continued rights. As the directive has direct effect, the Labour Court has ordered the municipalities, in their capacity as public employers, to pay the teachers’ salaries. The Labour Court has also found that the procedure has meant that the municipalities have discriminated against the teachers, but in view of the circumstances, the discrimination compensation has been adjusted by one third.

Read more here (in Swedish).