Discriminatory dismissal for pregnancy and childbirth also affects the father of the child: discrimination by association in the application of article 55.5 of the Workers’ Statute

Commentary on the Ruling of the High Court of Justice of Galicia 1584/2021, of 16 April

Abstract

The Ruling of the High Court of Justice of Galicia of 16 April 2021 advances in the extensive interpretation of discrimination and the interpretation of rules with a gender perspective. Although the appellant worker, the victim of a discriminatory dismissal on the grounds of paternity, had not argued that this conduct could also constitute discrimination by association, the chamber wished in this judgment to highlight this circumstance «to a greater extent». In addition to this issue, the Galician chamber also emphasised the preventive and not only compensatory nature of compensation for non-pecuniary damages arising from discriminatory conduct.