Eu Ws3 Social Policy - Sex Discrimination

Front 1

General aim of anti-discrimination legislation is to
promote fairness, equality and economic growth within the community

Back 1

Defrenne v SABENA

Front 2

equal pay for equal work of equal value

Back 2

TFEU 157

Front 3

Pay is ordinary or basic wage or salary and any other consideration in cash or in kind from his employer in respect of employment

Back 3

TFEU 157(2)

Front 4

Travel concessions for retired employees held to be pay

Back 4

Garland v British Rail

Front 5

Statutory redundancy pay held to be "pay"

Back 5

Barber v Guardian

Front 6

Compensation for unlawful dismissal held to be "pay"

Back 6

Ex p Seymour-Smith

Front 7

Pensions payments held to be "pay"

Back 7

Bilka

Front 8

Statutory social security pensions not "pay"

Back 8

Defrenne (no 1)

Front 9

Unfavourable re pregancy/maternity

Back 9

Recast 2006/54, 2(2)(c)

Front 10

Harassment/sexual harassment

Back 10

Recast 2006/54, 2(2)(a)

Front 11

Return from maternity leave

Back 11

Recast 2006/54, 15

Front 12

One person treated less favourably on grounds of sex than another has been, is or would have been

Back 12

Directive 2006/54/EC (recast), a2(1)(a)

Front 13

Male cabin crew paid more

Back 13

Defrenne

Front 14

Adverse treatment due to pregnancy

Back 14

Dekker

Front 15

Dismissal due to pregnancy

Back 15

Webb v EMO

Front 16

Define indirect discrimination

Back 16

Recast 2006/54, 2(1)(b)
Where apparently neutral provision, criterion or practice puts people of one sex at a disadvantage unless objectively justified by legitimate aim, and the means of achieving aim are appropriate and necessary

Front 17

Defence to direct discrimination - genuine occupational requirement

Back 17

Recast 2006/54, 14(2)
(Justifed and proportionate)

Front 18

Derogations from equality directive must be interpreted strictly; it is up to the national court to evaluate the reasoning

Back 18

Johnston v Chief Constable

Front 19

With a view to equality in practice, positive action allowed wrt to careers to promote underrepresented sex

Back 19

TFEU 157(4)

Front 20

Member states may permit positive action to ensure equality between men and women in working life

Back 20

2006/54 recast, article 3

Front 21

Favour less qualified women – NO

Back 21

Abrahamsson v Fogelvist

Front 22

Automatically favour equally qualified women – no

Back 22

Kalanke v Freie Hansestadt

Front 23

For equal candidates, rebuttable presumption in favour of woman; unless man has overriding characteristics

Back 23

Hellmut Marschall v Nordrhein

Front 24

Claimant is to show facts from which direct or indirect discrimination is to be presumed then burden shifts to respondent to show no breach

Back 24

2006/54, 19

Front 25

Bilka test for objective justification for employers (pay or treatment):
The difference in treatment must :
- Correspond to a real need of the employer
- Be appropriate to achieving the objective
- Be necessary to that end

Back 25

Bilka-Kaufhaus v Von Hartz

Front 26

Objective justification for state measure - state must show:
- Reflects a legitimate aim of social policy
- Aim is unrelated to any sex-based discrimination
- The means is suitable for attaining the aim

Back 26

Ex p Seymour-Smith