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ECJ judgment re sex discrimination, pregnancy and night work - Castro v Mutua Umivale (2018) (C-41/17) [ECJ] 19.09.18 (Unreported)

Reference for a preliminary ruling — Directive 92/85/EEC — Articles 4, 5 and 7 — Protection of the safety and health of workers — Worker who is breastfeeding — Night work — Shift work performed in part at night — Risk assessment of her work — Prevention measures — Challenge by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof. HELD that pregnant workers, workers who had recently given birth or were breastfeeding who worked shifts, some of which were at night, must be regarded as performing night work and enjoyed specific protection against the risks that night work was liable to pose.

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Category: Employment » Health and safety at work; Pregnancy; Sex discrimination. Area(s) of law: Employment.

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