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Discrimination > Discrimination - Pregnancy > Flashcards

Discrimination - Pregnancy Flashcards

1
Q

What is the primary legislation that protects against discrimination due to pregnancy and maternity in the UK?

A

The Equality Act 2010.

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2
Q

True or False: Discrimination based on pregnancy and maternity is considered a form of sex discrimination.

A

True.

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3
Q

Fill in the blank: Employees are entitled to maternity leave for a minimum of ___ weeks.

A

39 weeks.

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4
Q

What is the maximum period of maternity leave that an employee can take in the UK?

A

52 weeks.

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5
Q

True or False: An employee on maternity leave can be dismissed for taking maternity leave.

A

False.

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6
Q

What is the term used for the legal right to return to the same job after maternity leave?

A

Right to return.

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7
Q

What is the main purpose of the Pregnancy and Maternity (Protection) Regulations 2008?

A

To provide additional protection against discrimination for pregnant employees and those on maternity leave.

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8
Q

Fill in the blank: Pregnant employees have the right to take time off for antenatal appointments, which includes ___ appointments.

A

medical.

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9
Q

What is the maximum amount of time an employee can take off for antenatal appointments?

A

As much time as necessary, but reasonable notice must be given.

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10
Q

True or False: Employers are required to provide reasonable adjustments for pregnant employees.

A

True.

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11
Q

What is the minimum notice period for an employee to inform their employer about their maternity leave?

A

At least 15 weeks before the expected week of childbirth.

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12
Q

What is the name of the payment that eligible employees can receive during maternity leave?

A

Statutory Maternity Pay (SMP).

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13
Q

True or False: An employee can choose to return to work before the end of their maternity leave.

A

True.

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14
Q

What is the term for the period during which an employee is entitled to receive maternity pay?

A

Maternity pay period.

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15
Q

Fill in the blank: An employee must have been employed for at least ___ weeks to qualify for Statutory Maternity Pay.

A

26 weeks.

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16
Q

What does the term ‘discrimination’ mean in the context of pregnancy and maternity?

A

Unequal treatment of an employee because of their pregnancy or maternity leave status.

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17
Q

True or False: Employers can refuse to promote an employee because she is pregnant.

A

False.

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18
Q

What is the name of the form that employees must fill out to claim Statutory Maternity Pay?

A

Form SMP1.

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19
Q

Fill in the blank: An employee has the right to return to the same job if she returns to work within ___ weeks of maternity leave.

A

26 weeks.

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20
Q

What is the consequence for an employer who discriminates against an employee for being pregnant?

A

They may be taken to an employment tribunal.

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21
Q

True or False: Employers have no obligation to provide a safe working environment for pregnant employees.

A

False.

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22
Q

What is the primary factor that determines eligibility for maternity leave?

A

The duration of employment with the employer.

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23
Q

Fill in the blank: Employees can take maternity leave for a maximum of ___ weeks before the expected week of childbirth.

A

11 weeks.

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24
Q

What is the term used for the legal right to receive maternity leave pay?

A

Statutory Maternity Pay entitlement.

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25
Q

True or False: Employers can treat pregnant employees differently from other employees.

A

False.

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26
Q

What type of discrimination occurs if an employer treats an employee unfavorably due to a pregnancy-related illness?

A

Disability discrimination.

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27
Q

Fill in the blank: An employee on maternity leave is protected from redundancy unless there is a ___ reason.

A

genuine.

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28
Q

What is the role of the Advisory, Conciliation and Arbitration Service (ACAS) in relation to pregnancy and maternity discrimination?

A

To provide guidance and support to employers and employees on employment rights.

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29
Q

True or False: An employee who is pregnant has the right to request flexible working arrangements.

A

True.

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30
Q

What is the minimum amount of Statutory Maternity Pay that an employee can receive weekly?

A

The lower rate of SMP, which is set by the government.

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31
Q

Fill in the blank: If an employee does not qualify for Statutory Maternity Pay, she may be eligible for ___.

A

Maternity Allowance.

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32
Q

What must an employer do if an employee informs them of a pregnancy?

A

Conduct a risk assessment to ensure the employee’s safety.

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33
Q

True or False: Employers can ask for medical evidence to support an employee’s claim for maternity leave.

A

False.

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34
Q

What is the purpose of the risk assessment for pregnant employees?

A

To identify and mitigate potential risks to the health and safety of the employee and unborn child.

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35
Q

Fill in the blank: Employees have the right to return to work after maternity leave without any ___ in their pay or conditions.

A

detriment.

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36
Q

What should an employee do if they believe they have been discriminated against due to pregnancy or maternity?

A

Raise a grievance with their employer or seek legal advice.

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37
Q

True or False: An employee can be made redundant while on maternity leave.

A

False, unless it is due to a genuine business reason.

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38
Q

What is the term for the time an employee must provide notice of returning to work after maternity leave?

A

Return to work notice.

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39
Q

Fill in the blank: Statutory Maternity Pay can be paid for up to ___ weeks.

A

39 weeks.

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40
Q

What are the two types of maternity leave available in the UK?

A

Ordinary Maternity Leave and Additional Maternity Leave.

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41
Q

True or False: An employee can take maternity leave before the baby is born.

A

True.

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42
Q

What is the term for the period of leave taken immediately after childbirth?

A

Ordinary Maternity Leave.

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43
Q

Fill in the blank: An employee is entitled to maternity leave regardless of how long they have been with their employer, as long as they inform their employer at least ___ weeks before the birth.

A

15 weeks.

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44
Q

What is the consequence of not following the correct procedure for maternity leave?

A

An employee may not receive maternity pay or may face difficulties returning to work.

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45
Q

True or False: Employers can penalize employees for taking maternity leave.

A

False.

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46
Q

What must employers do to support pregnant employees in the workplace?

A

Make reasonable adjustments to their work environment.

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47
Q

Fill in the blank: An employee’s maternity leave can start as early as ___ weeks before the expected week of childbirth.

A

11 weeks.

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48
Q

True or False: An employer can refuse to hire a pregnant woman solely based on her pregnancy status.

A

False

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49
Q

Fill in the blank: Employers must provide _______ for pregnant employees unless it creates an undue hardship.

A

reasonable accommodations

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50
Q

What must an employer demonstrate to refuse an appointment due to pregnancy?

A

That the refusal is based on legitimate business reasons and not discrimination.

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51
Q

According to the law, what type of discrimination is illegal against pregnant employees?

A

Pregnancy discrimination

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52
Q

What must an employer provide if a pregnant employee requests a lighter duty?

A

An evaluation of the request to determine if it can be accommodated.

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53
Q

True or False: Employers are allowed to terminate an employee if they disclose their pregnancy.

A

False

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54
Q

Fill in the blank: Employers cannot refuse to appoint a pregnant woman based on ________ stereotypes.

A

gender or pregnancy

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55
Q

What is a legitimate reason for an employer to refuse an appointment related to pregnancy?

A

If the employee is unable to perform essential job functions.

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56
Q

When can an employer require a medical certification from a pregnant employee?

A

When the employee requests accommodations due to pregnancy-related conditions.

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57
Q

True or False: All job positions are exempt from pregnancy-related accommodations.

A

False

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58
Q

What type of job might be grounds for refusal due to pregnancy?

A

A job requiring heavy lifting that could jeopardize the health of the employee or fetus.

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59
Q

Fill in the blank: Employers must treat pregnancy-related conditions the same as other ________ conditions.

A

temporary disabilities

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60
Q

What should an employer do if they cannot accommodate a pregnant employee’s request?

A

Engage in an interactive process to explore other options.

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61
Q

True or False: An employer can ask a job applicant if they are pregnant during the interview.

A

False

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62
Q

What is one factor that might justify an employer’s refusal of appointment during pregnancy?

A

The need for a specific physical capability that the pregnant employee cannot meet.

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63
Q

What must employers avoid when making decisions about pregnant employees?

A

Bias or stereotypes based on pregnancy.

64
Q

Fill in the blank: Employers are required to provide a _______ environment for pregnant employees.

A

safe

65
Q

True or False: Employers can refuse to appoint a pregnant employee if they have a history of pregnancy complications.

A

False

66
Q

What is one way an employer can support a pregnant employee?

A

By offering flexible work arrangements.

67
Q

What must an employer prove to justify refusing an appointment based on safety concerns?

A

That the safety risk is substantial and unavoidable.

68
Q

What is the legal framework that protects against discrimination on the grounds of pregnancy in the UK?

A

The Equality Act 2010.

69
Q

True or False: Discrimination on the grounds of pregnancy is considered a form of sex discrimination under UK law.

A

True.

70
Q

Fill in the blank: The period of protection against discrimination for pregnant employees starts from the moment they become ______.

A

pregnant.

71
Q

What type of tribunal hears cases of discrimination related to pregnancy in the UK?

A

Employment Tribunal.

72
Q

What is the maximum amount of compensation a tribunal can award for pregnancy discrimination?

A

There is no maximum limit; it can vary based on loss suffered.

73
Q

True or False: An employee can be dismissed solely for being pregnant.

A

False.

74
Q

What must an employee prove to succeed in a pregnancy discrimination claim?

A

That they were treated less favorably because of their pregnancy.

75
Q

Multiple Choice: Which of the following is NOT a form of discrimination under the Equality Act 2010? A) Direct discrimination B) Indirect discrimination C) Pregnancy-related harassment D) Job performance evaluation

A

D) Job performance evaluation.

76
Q

Fill in the blank: An employer must conduct a _______ assessment if an employee is pregnant.

A

risk.

77
Q

What is the term for the period after giving birth during which a woman is protected from discrimination?

A

Maternity leave.

78
Q

True or False: Employers are required to offer flexible working arrangements to pregnant employees.

A

False, but they must consider requests.

79
Q

What is the role of ACAS in relation to pregnancy discrimination claims?

A

To provide guidance and support to both employees and employers.

80
Q

Fill in the blank: Pregnant employees are entitled to ______ leave regardless of their length of service.

A

maternity.

81
Q

What must an employer do if they cannot accommodate a pregnant employee’s needs?

A

They must provide a valid reason and explore alternatives.

82
Q

True or False: An employee can request a tribunal award for emotional distress caused by pregnancy discrimination.

A

True.

83
Q

What is the standard time limit for bringing a pregnancy discrimination claim to an Employment Tribunal?

A

Three months from the date of the discrimination.

84
Q

Multiple Choice: Which of the following can be a defense for an employer against a pregnancy discrimination claim? A) Business necessity B) Employee performance C) Personal beliefs D) None of the above

A

A) Business necessity.

85
Q

What is the significance of the case ‘Harrison v. Kent’ in pregnancy discrimination law?

A

It established important precedents regarding treatment of pregnant employees.

86
Q

Fill in the blank: An employee who feels discriminated against should first raise a ______ with their employer.

A

grievance.

87
Q

True or False: Employers can ask about a candidate’s pregnancy status during a job interview.

A

False.

88
Q

What is a key factor that tribunals consider when assessing pregnancy discrimination claims?

A

The comparators used to evaluate treatment.

89
Q

Multiple Choice: Which of the following is considered direct pregnancy discrimination? A) Reducing hours during pregnancy B) Refusing to promote a pregnant employee C) Providing maternity leave D) All of the above

A

B) Refusing to promote a pregnant employee.

90
Q

What is the purpose of the Equality and Human Rights Commission (EHRC) in the context of pregnancy discrimination?

A

To enforce equality laws and support victims of discrimination.

91
Q

Fill in the blank: Employers must not treat a pregnant employee differently because of her ______.

A

condition.

92
Q

True or False: The law protects employees from discrimination during their pregnancy and after childbirth.

A

True.

93
Q

What type of evidence is often crucial in pregnancy discrimination cases?

A

Documented communications and witness testimonies.

94
Q

Multiple Choice: Which of the following is a consequence of a successful pregnancy discrimination claim? A) Reinstatement B) Compensation C) Apology D) All of the above

A

D) All of the above.

95
Q

What should employers provide to support pregnant employees in the workplace?

A

Reasonable adjustments and accommodations.

96
Q

Fill in the blank: A woman is entitled to return to her job for ______ weeks after maternity leave.

A

52.

97
Q

True or False: Employers can dismiss an employee during maternity leave without cause.

A

False.

98
Q

What is the role of the Employment Tribunal regarding pregnancy discrimination?

A

To hear and adjudicate disputes arising from discrimination claims.

99
Q

Multiple Choice: What is the remedy for indirect discrimination? A) Reinstatement B) Compensation C) Policy change D) All of the above

A

D) All of the above.

100
Q

Fill in the blank: Pregnancy-related illness is treated the same as any other ______ under UK law.

A

disability.

101
Q

True or False: Employees can make a claim for discrimination if they are treated less favorably due to pregnancy-related illness.

A

True.

102
Q

What is the importance of the ‘burden of proof’ in pregnancy discrimination cases?

A

It shifts to the employer once the employee establishes a prima facie case.

103
Q

Multiple Choice: Which of the following actions could be seen as detrimental treatment of a pregnant employee? A) Providing training B) Denying promotions C) Offering flexible hours D) All of the above

A

B) Denying promotions.

104
Q

What is the significance of the ‘reasonable adjustments’ duty for employers?

A

It requires them to adapt the workplace to accommodate pregnant employees.

105
Q

Fill in the blank: An employee can seek a ______ if they believe they have faced discrimination during their pregnancy.

A

tribunal.

106
Q

True or False: Pregnancy discrimination claims can only be made by women.

A

False, as partners of pregnant women can also claim in certain situations.

107
Q

What are ‘protective measures’ in the context of pregnancy discrimination?

A

Policies and practices that safeguard pregnant employees from discrimination.

108
Q

Multiple Choice: Which of the following is a common defense for employers in pregnancy discrimination cases? A) Lack of knowledge B) Business necessity C) Employee misconduct D) All of the above

A

B) Business necessity.

109
Q

Fill in the blank: The Equality Act 2010 applies to all employees regardless of their ______.

A

contract type.

110
Q

True or False: Employers are allowed to ask about an employee’s future pregnancy plans during a job interview.

A

False.

111
Q

What is the consequence of failing to comply with the Equality Act 2010 for employers?

A

They may face legal action and compensation claims.

112
Q

Multiple Choice: Which of the following is NOT a valid reason for dismissing a pregnant employee? A) Poor performance B) Business closure C) Pregnancy D) All of the above

A

C) Pregnancy.

113
Q

What must employers do if they are aware of a pregnancy in the workplace?

A

Assess and manage any potential risks to the employee.

114
Q

Fill in the blank: An employee who believes they have been discriminated against should document any ______ incidents.

A

discriminatory.

115
Q

True or False: The law provides specific protections for pregnant employees during redundancy processes.

A

True.

116
Q

What is the effect if your employer says you can’t return to your old position after maternity leave? (26 weeks or less)

A

If your employer says you can’t return to the same job, it’s considered unfair dismissal and maternity discrimination.

You can make a claim for unfair dismissal, automatic unfair dismissal, and/or maternity discrimination within three months.
You can contact the Advisory, Conciliation and Arbitration Service (Acas) for early conciliation

117
Q

Can an employer prevent you from resuming your old position after taking additional maternity leave? I.e more than 26 weeks.

A

Additional maternity leave
more than 26 weeks of maternity leave, you have the right to return to the same job UNLESS your employer has a genuine reason to offer you an alternative.

Similar job
If it’s not reasonably practicable to return to your original job, you have the right to return to a similar job with the same or better terms and conditions

118
Q

What is sex discrimination under Equality Act 2010?

A

Sex one of 9 prorected characteristics

Protects people from discrimination and harassment based on their sex.

Sex discrimination includes direct and indirect discrimination, harassment and victimisation.

119
Q

What do you have to prove to bring an action for sex discrimination?

A

need to be able to prove that someone of a different sex has been, or would have been, treated more favourably than you in similar circumstances.

120
Q

What types of discrimination can pregnancy and maternity discrimination include?

A

Direct discrimination
Indirect discrimination
Victimisation
Harassment

121
Q

Before the expiry of the protected period does woman need to prove less favourable treatment than opposite sex?

A

No need to prove preferential treatment.

You don’t need to prove that someone of the opposite sex was treated more favorably than you If the discrimination occurs during the protected period

Only to show that you were treated unfavourably because of pregnancy or maternity, or because you used or tried to use your maternity rights.

Must prove after expiry of protected period.After the protected period has ended you may have a claim for sex discrimination (rather than pregnancy discrimination)

122
Q

Is pregnancy discrimination direct or indirect discrimination?

A

Direct discrimination

123
Q

Who can be liable for discriminatory conduct?

A

employer
individual employees (managers) etc

In issuing a claim in the Employment Tribunal - consider issuing claims against any decision makers/perpetrators, as well as your employer.

124
Q

What is the test for maternity/pregnancy discrimination during protected period?

A

The test for direct discrimination because of pregnancy and maternity:

whether the treatment is unfavourable rather than less favourable (which is used in other forms of discrimination).

The woman does not need to compare her treatment with that experienced by other workers.

125
Q

What is unfavourable treatment when it comes to pregnancy/maternity discrimination?

A

if they suffer a disadvantage or detriment – for instance, disadvantaging you, making something difficult for you to achieve, or creating a particular difficulty for you.

In pregnancy and maternity discrimination, you generally do not need to show that you have been treated less favourably than others.

126
Q

What are some examples of unfavourable treatment?

A

demoting you
not considering you for promotion
refusing you a pay rise or bonus
dismissing you
refusing to recruit you
excluding you
refusing to protect your health and safety where there are risks
denying you training or promotion opportunities
not permitting you to attend antenatal appointments
changing or removing your job responsibilities (unless it is necessary for health and safety, you agree or it is to arrange maternity cover)

Employment statutory code of practice also lists examples.

127
Q

What is the employment code of practice?

A

Courts and tribunals must take this Code of Practice into account in cases involving discrimination in employment and work-related activities.

128
Q

What will employer have to prove if employee states dismissal linked to pregnancy?

A

If you bring a tribunal claim for unfair dismissal, automatic unfair dismissal and pregnancy discrimination, your employer will have to prove that the dismissal was for a fair reason and was not because of pregnancy

129
Q

What is automatic unfair dismissal?

A

when an employee is dismissed for a reason that violates their statutory employment rights.

including:
Pregnancy and family leave: Being pregnant, on maternity leave, or taking parental, paternity, or adoption leave

130
Q

On what grounds can you claim constructive dismissal if pregnancy/maternity a factor?

A

Constructive dismissal is a claim that an employee can make if they resign after their employer breaches their employment contract in a fundamental way. This can include discrimination based on pregnancy or maternity leave:
Pregnancy discrimination
When an employee is treated unfavorably because of their pregnancy or pregnancy-related illness. This can include:
Being selected for redundancy
Having a contract refused to be extended
Being dismissed or having a fixed-term contract not renewed
Maternity leave discrimination
When an employee is treated unfavorably because they are taking maternity leave. This can include:
Having their job responsibilities given to another employee
Being sent a letter advising that their job is at risk of redundancy
Not being offered an alternative role after maternity leave

131
Q

What is the primary legislation that protects against pregnancy and maternity discrimination in the UK?

A

The Equality Act 2010.

132
Q

True or False: The Equality Act 2010 includes specific protections for employees on maternity leave.

A

True.

133
Q

Fill in the blank: Under the Equality Act 2010, it is unlawful to discriminate against a woman because of her __________.

A

pregnancy.

134
Q

What are the two main types of discrimination covered under the Equality Act 2010 regarding pregnancy and maternity?

A

Direct discrimination and indirect discrimination.

135
Q

True or False: Women are protected from discrimination during pregnancy only while they are on maternity leave.

A

False.

136
Q

What is the duration of protection against discrimination for a woman who has recently given birth under the Equality Act 2010?

A

Up to 26 weeks after the birth.

137
Q

Which of the following is considered direct discrimination under the Equality Act 2010? A) An employer dismissing a woman for being pregnant B) A woman being overlooked for promotion due to her maternity leave C) Both A and B

A

C) Both A and B.

138
Q

What must an employer provide to a pregnant employee in accordance with the Equality Act 2010?

A

Reasonable adjustments to ensure her health and safety.

139
Q

True or False: An employer can dismiss an employee solely for taking maternity leave.

A

False.

140
Q

Fill in the blank: Indirect discrimination occurs when a policy applies to everyone but has a __________ impact on pregnant women.

A

disproportionate.

141
Q

What is the term for the legal right to return to work after maternity leave?

A

Right to return.

142
Q

True or False: Employers can treat pregnant employees differently if they have a genuine occupational requirement.

A

True.

143
Q

What is the minimum notice period an employee must give to their employer before returning from maternity leave?

A

No minimum notice period is required.

144
Q

What constitutes harassment under the Equality Act 2010 in the context of pregnancy and maternity?

A

Unwanted conduct related to pregnancy that violates a person’s dignity or creates a hostile environment.

145
Q

True or False: The Equality Act 2010 allows for positive action in favor of women who are pregnant or on maternity leave.

A

True.

146
Q

Fill in the blank: Employers must not make assumptions about a woman’s ability to perform her job based on her __________.

A

pregnancy.

147
Q

What should an employee do if they believe they have been discriminated against due to pregnancy or maternity?

A

Raise a grievance with their employer.

148
Q

True or False: Women can claim unfair dismissal if they are dismissed for reasons related to their pregnancy or maternity leave.

A

True.

149
Q

What is the role of the Equality and Human Rights Commission (EHRC) regarding pregnancy and maternity discrimination?

A

To promote and enforce equality and human rights laws.

150
Q

True or False: The Equality Act 2010 applies to both public and private sector employers.

A

True.

151
Q

Fill in the blank: It is illegal for an employer to ask a woman about her __________ during a job interview.

A

pregnancy status.

152
Q

What is the timeframe in which a woman can bring a claim for pregnancy or maternity discrimination to an employment tribunal?

A

Three months from the date of the discrimination.

153
Q

True or False: Employees on maternity leave are entitled to the same benefits as employees who are not on leave.

A

True.

154
Q

What type of discrimination is it if an employer implements a policy that adversely affects pregnant women without justification?

A

Indirect discrimination.

155
Q

the period of time in which ‘pregnancy and maternity’ discrimination might occur.

A

Statutory Code of Practice.2 It is discriminatory to treat a woman unfavourably because: • she is, or has been, pregnant • she has given birth,

and

the unfavourable treatment occurs within a period of 26 weeks beginning with the day on which she gave birth;
or • she is breastfeeding, and the unfavourable treatment occurs within the period of 26 weeks beginning
with the day on which she gave birth” ’ discrimination might occur.

156
Q

Is there any statutory protection for pregnancy/maternity claim for indirect discrimination or harassment?

A

No protection from indirect discrimination, although indirect sex discrimination may apply. Similarly, pregnancy and maternity are not protected directly under the harassment provisions. However, pregnancy and maternity harassment would amount to harassment related to sex.

157
Q

Is there a right against harassment relating to pregnancy/maternity?

A

Right to be free from harassment based on pregnancy or maternity is not covered by the law.

Unwanted conduct related to pregnancy or maternity could be considered sex or sexual orientation harassment.

Discrimination (3 decks)

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