According to Ten Kate, you need all the facts to determine whether there is pregnancy discrimination. “Is there an objective justification for why the actress in question cannot play this role? If the recording takes place at the beginning of her pregnancy, I would say no and there could therefore be pregnancy discrimination,” said the representative.
“If the recordings are at the end of a pregnancy, it is not useful for various reasons. It therefore depends on the circumstances, on the recordings and what is required of you on the set. But also on what may be possible. Does the budget allow for any stunts to be performed by someone else?”
“If a pregnant candidate is the best for a position, but you see her pregnancy as an obstacle, then my advice is to talk to her,” says Heijnen. “How does she envision this, is it realistic that she is currently fulfilling this position? You may come to the conclusion that it is indeed not the best timing, no matter how unfortunate. Having a child or pregnancy means that you sometimes have to compromise close, also in the workplace. But something like this should always be done in close consultation.”
Ten Kate: “It is indeed not nice to say: we think it is a risk, we are withdrawing this offer. You will have to discuss this with each other. Perhaps at the end of the journey you will draw the same conclusion and then you can nice together through one door.”
If a woman suspects pregnancy discrimination, she can report this to Het Juridisch Loket or the Netherlands Institute for Human Rights. Heijnen: “Those kinds of things take time and energy. Something you don’t always have while you’re pregnant or just having a baby. As a result, women are often inclined to think: never mind.”
It is a sad situation for El Ahmadi and unfortunately she is not the only one, says Heijnen. “Let’s hope her experience at least draws attention to this important topic again.”
