Pregnant and jobless: A contextualizing analysis of pregnancy dismissal in Israeli labour court rulings

Naama Bar-On Shmilovitch, Orna Blumen, Shay S. Tzafrir

Research output: Contribution to journalArticlepeer-review

Abstract

Discrimination against pregnant employees is widespread despite labour laws aimed at protecting them. Pertaining to recently emerging research on pregnancy in the workplace, including pregnancy discrimination, this study considered the gravest manifestation of direct discrimination, and one that has been neglected to date: dismissal during pregnancy. Inspired by John's contextual theory, we sought to identify the socio-economic profile of dismissed pregnant employees, illustrating their uneven distribution across the labour market. This overlooked actuality of pregnancy dismissal was studied in Israel, an environment where labour laws extensively protect pregnant employees. We focused on nearly two decades (2004–2020) of cases litigated in Israeli labour courts. This study adds to the research on pregnancy in the workplace with a new perspective that not only illuminates a frequent yet hardly addressed reality but also reveals its social variability, deconstructing the generalized vulnerability that pregnancy often connotes for women employees. Finally, directions for future research and implications for the labour market, legislators and policymakers are put forward.

Original languageAmerican English
Pages (from-to)667-689
Number of pages23
JournalJournal of Industrial Relations
Volume64
Issue number5
DOIs
StatePublished - 18 Jan 2022

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 1 - No Poverty
    SDG 1 No Poverty
  2. SDG 5 - Gender Equality
    SDG 5 Gender Equality
  3. SDG 8 - Decent Work and Economic Growth
    SDG 8 Decent Work and Economic Growth
  4. SDG 10 - Reduced Inequalities
    SDG 10 Reduced Inequalities

Keywords

  • Dismissal
  • contextual theory
  • court ruling
  • labour law
  • pregnant employee

All Science Journal Classification (ASJC) codes

  • Business and International Management
  • Industrial relations

Fingerprint

Dive into the research topics of 'Pregnant and jobless: A contextualizing analysis of pregnancy dismissal in Israeli labour court rulings'. Together they form a unique fingerprint.

Cite this