Companies Must Justify Employment Decisions That May Harm A Pregnant Employee
Pregnancy and maternity are afforded specific protection under labor law, aimed at preventing these circumstances from leading to unfavorable treatment in employment and working conditions.
This protection is not limited to cases of dismissal or contract termination. It also extends to certain decisions related to remuneration, assignment of duties, setting professional objectives, and the exercise of rights linked to maternity.
Companies retain their organizational and managerial powers, but must exercise them within the limits established by labor regulations and the fundamental right to equality and non-discrimination.
In this context, the justification of company measures is especially relevant when circumstances arise that suggest potential discriminatory treatment.
The Prohibition of Discrimination Based on Pregnancy and Maternity
Article 14 of the Spanish Constitution recognizes the right to equality and prohibits discrimination based on sex. This guarantee is established in Article 17 of the Workers' Statute and in Organic Law 3/2007, of March 22, for the effective equality of women and men.
In particular, Article 8 of the latter law considers any unfavorable treatment of women related to pregnancy or maternity to be direct discrimination on the grounds of sex.
This protection encompasses the conditions under which the employment relationship is carried out, so that the employee cannot suffer detrimental professional consequences due to her pregnancy or the exercise of legally recognized maternity rights.
This does not prevent the company from adopting organizational decisions, provided they are based on legitimate reasons and do not conceal discriminatory treatment.
Therefore, the existence of a specially protected situation does not preclude the modification of certain working conditions, but it requires that any action respect the employee's rights and be justifiable when necessary.
Changes to Working Conditions During Pregnancy
The company may introduce changes to the organization of work within the applicable legal, collective bargaining, and contractual limits. However, when these measures affect a pregnant employee, the circumstances under which they are adopted and their potential consequences must be examined.
Changes to job duties, the assignment of new objectives, changes in professional responsibilities, or limitations on access to certain work resources may have legal implications if they cause harm related to the pregnancy.
Not every change made after the employee has been notified of her pregnancy constitutes discriminatory action. Temporal proximity, considered in isolation, does not necessarily determine the existence of a violation of fundamental rights.
However, when other factors suggest unfavorable treatment, the company may be required to provide evidence of the reasons behind its decision.
In this context, the criteria used to adopt the measures, the existence of precedents that justify them, and their application to other employees in comparable circumstances become important.
Wage Non-compliance and Potential Discriminatory Situations
The timely payment of wages is an essential obligation of the company, as established in Article 29 of the Workers' Statute.
Payment delays, wage discrepancies, and the failure to pay certain bonuses or commissions may give rise to corresponding claims for payment.
However, these breaches can also become relevant from the perspective of fundamental rights when they occur in a context where there are other indications of unfavorable treatment related to pregnancy or maternity.
In such cases, it is necessary to assess the circumstances surrounding the non-payments, the reasons given by the company, and the existence of additional actions that may reveal a difference in treatment.
The failure to pay a wage amount does not, in itself, constitute discrimination based on sex. To reach that conclusion, there must be elements that allow for a well-founded suspicion of a connection with the protected situation.
On the other hand, the claim for outstanding salary amounts and the request for compensation for violation of fundamental rights have a different legal nature, although they may originate from the same facts.
The burden of proof in discrimination proceedings
One of the main particularities of judicial procedures for violation of fundamental rights is the regime for distributing the burden of proof.
In accordance with article 96.1 of the Law regulating social jurisdiction, when the worker provides well-founded evidence of discrimination, it is up to the company to prove an objective and reasonable justification, sufficiently proven, for the measures adopted and their proportionality.
This provision is also included in article 181.2 of the same standard for procedures for the protection of fundamental rights.
The application of this rule does not mean that any pregnancy-related claim automatically involves discrimination. It is necessary for the plaintiff to provide sufficient elements to substantiate a reasonable suspicion.
Once these indications are proven, the company must demonstrate that its decisions respond to real, legitimate causes unrelated to any discriminatory purpose or result.
The judicial assessment can include all business actions, especially when several measures occur during the same period and affect the worker unfavorably.
In this way, facts that individually may not be conclusive may become relevant when examined in relation to other proven circumstances.
Judicial Criteria Regarding Business Actions Following Pregnancy
As an example, we have Judgment No. 711/2026 of the High Court of Justice of Madrid, Social Chamber, First Section, dated July 16, 2026, which examines a case in which various workplace incidents occurred after a female employee announced her pregnancy.
Among the events analyzed were claims for unpaid wages and commissions, the setting of professional objectives, certain difficulties related to work equipment, and various actions related to maternity management.
The claim for protection of fundamental rights had been dismissed at first instance.
However, the High Court of Justice partially upheld the appeal, considering that the overall assessment of the employer's actions provided sufficient evidence of discrimination. The Court held that it was not appropriate to examine each circumstance in isolation, but rather to consider all the events that occurred after the company became aware of the pregnancy. Given the existence of such evidence, it was incumbent upon the employer to provide an objective, reasonable, and proportionate justification for its decisions. The lack of a sufficient explanation proved decisive in establishing the violation of fundamental rights. The court declared the rights to non-discrimination and to physical and moral integrity violated, declared the employer's conduct null and void, and ordered its cessation and the reinstatement of the previous situation. It also awarded €7,501 in compensation for moral damages.
The ruling distinguished this violation from other potentially harmful conduct, considering that the necessary requirements for establishing workplace harassment or a violation of the right to honor had not been met.
The decision highlights that discrimination can result from a series of employer actions and that it is not essential to prove a situation of harassment to establish a violation of the fundamental right to equality.
Consequences of the Violation of Fundamental Rights
A court declaration of a violation of fundamental rights can have different consequences for the company, depending on the nature of the conduct and the proven damages.
Article 182 of the Law Regulating Social Jurisdiction establishes that, when a claim for protection is upheld, the judgment must declare the existence of the violation and the absolute nullity of the company's actions, order the cessation of the harmful conduct, and order the reinstatement of the employee's rights.
Likewise, where appropriate, compensation may be awarded for the damages caused.
Article 183 of the same law regulates the compensation arising from the violation of fundamental rights, including moral damages. Its amount must be determined taking into account the circumstances of the case, the severity of the injury, and the criteria accepted by case law. Among these latter considerations is the indicative use of the sanctions provided for in the Law on Infringements and Sanctions in the Social Order. Compensation for violations of fundamental rights is distinct from any outstanding wages, and therefore both issues must be analyzed according to their respective legal nature.
Preventive Measures for Companies
Preventing discriminatory situations requires that decisions related to working conditions be made using objective criteria and in accordance with equality regulations.
In particular, companies should review the procedures used to modify job roles, establish professional objectives, manage compensation, and process maternity-related rights.
It is also advisable to maintain sufficient documentation of business decisions, especially when they affect employees in legally protected situations.
Keeping records of communications, performance evaluations, compensation criteria, and organizational history can facilitate the verification of the reasons justifying a particular action.
Likewise, it is important that those responsible for human resources management are aware of the legal obligations regarding equality and non-discrimination, in order to avoid decisions that could cause unjustified harm.
Finally, it should be remembered that protection against discrimination is compatible with the legitimate exercise of business rights. The fundamental requirement is that decisions must not be based on pregnancy or maternity as grounds for unfavorable treatment and must respect the employee's recognized rights.
Compliance with labor regulations, the application of objective criteria, and the proper documentation of business decisions help prevent conflicts and reduce the risk of liability.
If you have any questions regarding the adoption of organizational measures, changes in working conditions, or issues related to pregnancy and maternity, it is advisable to first analyze the specific circumstances of the case and the applicable regulations.
Please feel free to contact this office with any questions or for further clarification.
