According to the Court of Justice of the European Communities, an employee expecting an in vitro fertilization is not entitled to the protection against dismissal provided for pregnant women in Community law. However, it decided that dismissal on the grounds that the female worker is at an advanced stage of in vitro fertilization treatment constitutes direct discrimination on the grounds of sex. (Ref. 080161)
An employee was in the course of hormone treatment with a view to in vitro fertilization. Only a few days before the transfer of the fertilized ova into her uterus, her employer informed her that she was dismissed. She went to the court, pleading the nullity of the dismissal. The national judge asked the Court of Justice if this employee was entitled to the protection against dismissal provided for in Directive 92/85/EC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding.
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