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Dismissal of women undergoing IVF treatment can be sex discrimination

  • Kennedys Law LLP
  • -
  • Austria, European Union, United Kingdom
  • -
  • March 4 2008

In a decision that has ramifications for the dismissal of women in the UK, in Mäyr v Backerei under Konditorei Gerhard Flöckner, the European Court of Justice ("ECJ") has held that the dismissal of a woman who is at an advanced stage of in vitro fertilisation treatment, where the ova have been fertilised but not yet transferred to the uterus, will be discrimination on the grounds of sex if the dismissal is related to this in vitro treatment