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DiscriminationDisadvantaged pregnancyMaternityEmployment procedure.DiskrimineringMissgynnande graviditetFöräldraledighetAnställningsförfarande.
The subject of this bachelor thesis is discrimination and unfair treatment in the employment process where employers discriminate against job applicants. The purpose of this study and research questions is to investigate and clarify the legal protection available against discrimination and unfair treatment of pregnant women and persons on parental leave during the employment process and how this protection differs between men and women. This thesis highlights the Swedish law and EU law regarding discrimination and unfair treatment of individuals. The concept of discrimination and its requisites will be accounted for and exemplified by case law. This statement will be analyzed along with the relevant case law of the EU-court and the Labor-court. Even the EU-directive and the Swedish law will be elucidated and analyzed. Other possible reasons why employers might be negative towards hiring those who are pregnant or intend to take parental leave will be highlighted because it can provide an explanation of why especially pregnant women are discriminated against in the hiring process. The analysis shows that women have a greater legal protection against discrimination and disadvantaged than men in the hiring process. I have not found any case law concerning men who felt discriminated against during the recruitment process, but it does not mean that men also feel a fear of being discriminated against and treated unfairly. However, there is much more case law in which women felt discriminated against in the hiring process and where trial periods interrupted when the woman informed that she is pregnant. This is thus an important issue to highlight because it can help both men and women who avoid having children and family because there is a fear of being discriminated against and disadvantaged in the employment process.