European UnionI was passed over for promotion because I'm pregnant. Is this sex discrimination?
Yes, being passed over for promotion because you're pregnant is unlawful sex discrimination under EU law.
What the Law Says
EU law prohibits discrimination based on sex, including pregnancy and maternity. This protection applies to all aspects of employment — including recruitment, promotion, training, and dismissal.
The key legal instrument is Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. It explicitly treats pregnancy and maternity as a form of sex discrimination.
Under this Directive, less favourable treatment 'on grounds of pregnancy or maternity' is prohibited — even if the employer claims no discriminatory intent. The law recognises that pregnancy is inherently linked to sex, so such treatment is automatically considered direct sex discrimination.
Member States must transpose this Directive into national law. As a result, workers across the EU have enforceable rights against promotion denials tied to pregnancy.
Statutory Textless favourable treatment of a woman related to pregnancy or maternity leave shall constitute discrimination on grounds of sex
— Directive 2006/54/EC, Art. 2(2)(c)
What Courts Have Said
The Court of Justice of the European Union (CJEU) has consistently ruled that denying career opportunities due to pregnancy violates EU anti-discrimination law.
Established that discrimination by association (e.g., treating someone less favourably because they care for a pregnant person) can fall under EU equality law — reinforcing broad protection against pregnancy-related bias.
Confirmed that refusing to promote a woman because she was pregnant or would soon take maternity leave constitutes direct sex discrimination under Directive 2006/54/EC.
What to Do
Gather evidence: emails, meeting notes, witness statements, or any record linking the promotion decision to your pregnancy.
Raise the issue internally: submit a written grievance to HR or management citing Directive 2006/54/EC and your national transposition law.
Contact your national equality body: every EU country has a designated body (e.g., Equality Commission in Ireland, CNCD in Romania) that offers free advice and may assist with mediation.
File a claim within deadlines: time limits vary by country (often 3–6 months from the discriminatory act); consult a labour lawyer or trade union promptly.
Sources
Same Question, Other Jurisdictions
Germany
Australia
Ireland
Singapore
UK
India
JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.