Pregnancy discrimination as a cause of action in Ghana: A commentary on CHRAJ, Grace Fosu & Thelma Hammond v. Ghana National Fire Service & the Attorney General

Abstract

The Ghana labour law (ACT 651) prohibits pregnancy discrimination. The law exempts from application the armed forces, the police service, the prison service and the securities intelligence agencies and hence by extension, the fire service. Despite these exemptions, the court in the case of CHRAJ, Grace Fosu & Thelma Hammond v. Ghana National Fire Service & the Attorney General (CHRAJ & others v. GNFS) declared a pregnancy clause in conditions of service of the Ghana National Fire Service (GNFS) discriminatory in its effect, unjustifiable and illegal. The objective of this case commentary is to examine the court decision in order to draw attention to the illegality of the practice of pregnancy discrimination at the workplace that adversely affects women. In analysing the court’s decision, this case commentary finds, among others, that pregnancy discrimination could be perpetrated under the guise of freedom of contract. Also that, pregnancy clauses inserted in employment contracts are discriminatory and a violation of the constitution and a business practice that adversely impacts both employers and employees. The paper submits that a good precedence has been established in the case for future use by employers, employees and civil society for optimization of the rights of women at the workplace in Ghana. Major recommendations made to improve workplace conditions and human rights of women include (1) a women’s charter to consolidate all laws on women’s rights, (2) ratification and implementation of relevant conventions and principles on business and human rights and (3) education of all stakeholders on the laws including better monitoring of employment practices to ensure that all businesses abide by the decision in CHRAJ & others v GNFS to avoid costly law suits.