Case no. A 261/09, ref. no. 2/11

A woman applied over an extended period as a trainee milkmaid at a farm for a permanent position there. The woman had a miscarriage during the period, and she informed the farmer of this. She also informed the farmer about her wish to become pregnant again soon. A few days thereafter she was denied the position.

The Labour Court held that it had been shown that the farmer was of the opinion, when he made the decision not to employ the applicant as a trainee milkmaid, that she did not have the work capacity required for the position.

However, the farmer had not managed to show that a likely future pregnancy did not have any effect on his decision not to hire the woman. The Labour Court ruled that the woman had been discriminated against due to her gender and for reasons related to parental leave. The woman was entitled to general damages amounting to SEK 30,000.