January 24, 2026

WOMEN & MATERNITY DISCRIMINATION IN THE OFFICE: THE ULTIMATE THING

by Ekosolicitors

Introduction to Women & Maternity Discrimination

Women & maternity, discrimination at the workplace have always had a complicated relationship in Nigeria. In many organisations, a woman’s transition from “Miss” to “Mrs.” quietly becomes a factor in hiring decisions. This factor is a form of discrimination. Employers worry she will soon become pregnant, request maternity leave, or become less committed. When pregnancy finally arrives, the scrutiny intensifies.

Overnight, a valued employee suddenly becomes a liability, and many women begin to experience dismissal, forced resignation, stagnation in promotion, or outright hostility. In employment relationships, the individuality of every woman, married or pregnant, should be respected and protected. Unfortunately, the opposite often happens as maternity becomes a mark of inconvenience, marriage a barrier to opportunities, and pregnancy a basis for unlawful termination.

The result is a cycle of misery that the law is supposed to prevent but often fails to eliminate. The Nigerian Labour Act, the 1999 Constitution, the Employee Compensation Act, the Labour Act, the Public Service Rules, and a growing body of progressive decisions from the National Industrial Court (NICN) all attempt to provide a protective framework. But as case law continues to show, discriminatory workplace practices remain widespread.

This article examines the legal and human realities at the intersection of marriage, maternity and the persistentmisery many Nigerian women face in the workforce. Using statutory analysis and NICN jurisprudence, it explores the protections available, the gaps that enable exploitation, and the remedies victims can pursue.

What Is Marriage Within the Context of Employment Relations?

The Constitution does not define marriage, but it prohibits discrimination on the basis of sex, and marital status discrimination frequently manifests as gender discrimination. The National Industrial Court (NICN) has clarified that discrimination against a woman on the ground that she is married is discrimination based on sex, since marital status is a gender-linked characteristic.

In Women Empowerment & Legal Aid v. Attorney-General of the Federation & Inspector-General of Police ¹, the Court held that Section 124 of the Police Act and Regulations (PAR) prohibiting married women from enlisting, and where unmarried, she’d have to have served for two (2) years and her proposed husband to be will be investigated to ascertain his means of livelihood, were unconstitutional as they violated Section 42(1) CFRN on the right to freedom from discrimination.

What Is Women & Maternity Discrimination Within the Context of Employment Relations?

Section 54 of the Labour Act provides for maternity protection and a maternity leave of twelve (12) weeks (6 weeks before and 6 weeks after) and for nursing mothers to have a thirty (30) minute break twice in a day for them to nurse their babies, as well as maternity leave pay. The act further states that this protection applies to legitimate and illegitimate children and that employers cannot arbitrarily dismiss an employee for being pregnant.

In Omolola Olajide v. The Nigerian Police Force, ² the court declared unconstitutional the provisions of section 127 of the PAR which provided that an unmarried police woman who becomes pregnant shall be discharged from the force and shall not be re-enlisted except with the approval of the IGP. Also in the case of Folarin Oreka Maiya v. The Incorporated Trustees of Clinton Health Access Initiative³, the NICN held that wrongful termination of employment due to pregnancy and a violation of fundamental rights to freedom from discrimination.

While the Constitution does not explicitly mention maternity, Section 17(3)(d) directs the State to ensure “adequate medical and health facilities for all persons,” a directive principle courts use to interpret workplace maternity protections liberally. Additionally, discriminatory treatment due to pregnancy constitutes gender discrimination under Section 42 CFRN.

Despite constitutional guarantees and statutory protections, many Nigerian workplaces cultivate conditions that turn marriage and maternity into career disadvantages for women. These discriminatory practices often manifest through subtle HR policies, overt bias, or unlawful workplace cultures. The NICN has repeatedly condemned these practices, but they continue to shape the lived realities of many female employees.

The “misery” emerges primarily from five employer behaviours: discriminatory recruitment; punitive treatment of married women; pregnancy-based hostility; constructive dismissal; and unsafe work environments for pregnant workers. Other discriminatory practices recorded by married women in the workplace include denying married women transfers; refusing promotions due to marital responsibilities; requiring consent from husbands for certain roles; assuming married women are less committed; refusal to grant paid maternity leaves, among others.

There also exist constructive dismissal tactics and this occurs when an employer deliberately makes the workplace intolerable so that an employee is forced to resign. They include: excessive work pressure; hostile supervision; denying maternity leave; cutting pay during pregnancy; imposing unreasonable tasks on a pregnant staff; verbal harassment like “you women always get pregnant at the wrong time.” As well as punitive HR policies such as HR manuals that limit the number of women employees; “no pregnancy for 2 years after employment” policies; mandatory pre-employment pregnancy tests.

However, women rarely pursue legal action due to fear of retaliation, long litigation timelines, lack of awareness of the Employees’ Compensation Scheme, employers’ active discouragement of complaints. Fortunately, in recent times we have seen a decline in this trend as more women are willing to fight for their rights in the workplace.

The reality is that too many women continue to lose their jobs when they announce pregnancies; too many are passed over for promotions upon returning from maternity leave; too many are bullied into resigning, or punished for choosing family alongside their careers. These practices are unconstitutional, unlawful, and morally indefensible. They perpetuate a cycle where women must choose between professional growth and motherhood which is an impossible dilemma that no modern labour system should tolerate.

Final Thought on Marriage and Maternity Discrimination at the Workplace

Marriage and maternity ought to represent seasons of joy, stability, and personal fulfilment. Yet for many Nigerian women, these milestones become turning points in their careers, marked by discrimination, stalled progression, and the subtle message that womanhood is incompatible with professional ambition.

The Constitution and the Labour Act both proclaim protection: the right to dignity, the right to equality, the right to be free from discrimination, and the right to workplace safety. Collectively, these laws establish that marriage cannot be a barrier to employment; pregnancy cannot be a basis for dismissal, non-promotion, or workplace hostility;

women are entitled to maternity leave and protection from unsafe work conditions; employers owe both a duty of care and a duty of non-discrimination. In the end, the true measure of progress will not be found in statutes or case law alone, but in the everyday experiences of Nigerian women who can finally say that marriage and maternity no longer bring misery, but coexist seamlessly with dignity, productivity, and opportunity.