Ms. María José Hernández Victoria, in the Superior Court of Justice of Madrid, signaled in a recent judgment (Rec. 1049/08) that it is time for the Spanish Supreme Court to make clear that the dismissal of a pregnant employee violates Article 55 of the Spanish labor law, even if neither the employer nor the employee is aware of the pregnancy at the time of the dismissal decision. The high court previously recognized a distinction between situations where the employer was aware of the pregnancy of the employee being terminated and situations where the employer had no such knowledge. In the latter case, it considered that the employer could not be acting in violation of the protections afforded to pregnant women, and thus it upheld termination of pregnant women in such circumstances. This distinction has been criticized on the grounds that pregnancy should be protected irrespective of the employer’s knowledge, because of the importance of protecting the future child by securing the economic situation of the mother.