In Case C41/17 on Thursday 26 April, Advocate General Eleanor Sharpston suggests in her Opinion that the burden of evidence should be borne by the employer who has been criticised for having practiced discrimination against a breastfeeding employee in a case where he had not assessed how the risks of the work of his employee could affect her health.
The case in point involves a breastfeeding Spanish employee and security guard working in a rotating work system with eight hour day and night...