Source date: 2026-06-08
Can an employer dismiss an employee who did not inform him that she was pregnant? Published on June 9, 2026 - Entreprendre Service Public / Directorate for Legal and Administrative Information (Prime Minister)
In a ruling delivered on June 3, 2026, the Court of Cassation ruled on whether the dismissal of an employee who announced her pregnancy late to her employer is valid.
In this case, an employer dismissed an employee for gross misconduct after she announced her pregnancy. The employee worked in the chemical industry. She had announced her pregnancy to her employer nearly 5 months after learning of it. The employer justified the dismissal by stating that she was exposed to chemical products that could harm her physical or mental health and that of her fetus. He thus indicated that, under such circumstances, retaining the employee would expose him to civil and criminal liability.
The employee decided to bring the matter before the Labor Court (Conseil de prud'hommes) to request the nullification of her dismissal, which she considered to be based on her pregnancy. The court annulled her dismissal.
Subsequently, the employer appealed to the Court of Appeal to challenge the decision. The Court of Appeal stated that by not revealing her pregnancy to her employer, the employee voluntarily exposed herself to risk. She was required to handle products contraindicated for her pregnancy, which prevented her from fully meeting the requirements of her employment contract. According to the Court of Appeal, these facts were indeed likely to engage the employer's civil and criminal liability because ignorance of the pregnancy prevents the employer from taking appropriate measures. The Court of Appeal emphasized that this dismissal was therefore not based on her pregnancy but on the fact that she had concealed her condition from her employer.
The employee brought the case before the Court of Cassation. The Court contradicted the Court of Appeal. It recalled that a woman is not required to reveal her pregnancy to her employer and that any dismissal pronounced for this reason is considered null and void. Such an act would violate the principle of equal rights between men and women.
For the Court, informing the employer late about one's pregnancy is not considered gross misconduct, even in cases where the employee is exposed to health risks. In this case, it stated that the dismissal is null and void.
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Source: Service-Public professionals