McGregor

Sherry-Ann McGregor, Contributor

Sara Lawrence's recent announcement about her pregnancy and consequential decision to give up the Miss Jamaica World crown has attracted much public attention.

This incident has been viewed from many different perspectives, including the pro-life principle which is evident in the decision against abortion. But, this situation could also be equated to one in which a pregnant woman has to choose between her job and her baby.

I do not know the details of the arrangements or contract between Sara and Spartan. However, if we viewed her as an employee, her resignation would have been occasioned by her pregnancy. Likewise, if the local pageant organisers decided not to allow her to continue to 'work' because of her pregnancy, she would have been dismissed because of pregnancy.

Pregnancy discrimination

Of course, Sara's situation is not the same as one in which employees are dismissed or forced to resign from ordinary employment because of pregnancy, but it does bring to mind instances of pregnancy discrimination.

Pregnancy discrimination usually arises when a woman is denied a job because she may be required to take time off from work due to pregnancy, or is fired or denied certain benefits from her job because she is pregnant.

In Jamaica, we still do not have legislation which adequately addresses these concerns. There is no constitutional provision which prohibits gender discrimination and there is no specific law which governs pregnancy discrimination. Despite the fact that the draft Charter of Rights includes prohibition against sex discrimination, it is yet to be finalised. There is no law which prevents a potential employer from choosing not to employ a woman because she is of child-bearing age or is pregnant.

The Maternity Leave Act protects some categories of women by ensuring that they are allowed maternity leave, receive pay while on leave and are guaranteed their jobs at the end of the leave period. However, it does not protect domestic workers and the penalty for breaching the act pales in significance to the magnitude of the offence. An employer who dismisses a woman wholly or partly because she is pregnant, may be fined $1,000 and if an employer does not permit a pregnant woman to take maternity leave, may be fined $5,000.

Legislations

In England, there are specific legislations to deal with these issues, for example, their Sex Discrimination Act and Employment Rights Act. There are reported cases which demonstrate the manner in which these statutes have served to protect employees against pregnancy discrimination.

In a 2006 decision of the Employment Appeal Tribunal in England, an employee succeeded in an action against her employer for wrongful dismissal and discrimination on grounds of sex and detriment suffered by reason of pregnancy. She had been offered a promotion on a trial period, with a salary increase, when she became pregnant. Her employer returned her to her former position and reduced her salary for seven months, stating that she could no longer carry out her duties. The employee left the job and sued her employer.

The tribunal ruled in her favour because the employer was unable to show that her demotion and salary reduction were necessary.