Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
sex discrimination legislation aim: |
to promote fairness, equality and economic growth within the community: Defrenne v SABENA |
|
|
Pay or treatment? |
Pay: Art 157 TFEU: equal pay for equal work or work of the same value. Includes salary/other consideration in cash or in kind indirectly or directly from employer in respect of employment (157(2)). Includes travel concessions for friends/family of retired: Garland v British Rail, statutory redundancy pay: Barber v Guardian, pensions: Bilka-Kaufhaus, damages for unfair dismissal: ex p Seymour Smith Treatment: Recast Directive 2006/54 |
|
|
Is discrimination direct or indirect? |
Direct: where one person is treated unfavourably on the grounds of sex. Pregnant fired: Webb v EMO, pregnant not hired: Dekker, cabin crew: Defrenne Indirect: Art 2(1)(b) RD: a neutral provision, criterion or practice that could put persons of one sex at a particular disadvantage |
|
|
Can discrimination be justified? |
Direct: no justification but two defences: Art 14(2) RD: Occupational requirement: 1) gender is a geniuine and determining occupational requirement, 2) measure was proportionate, 3) measure was necessary: Skimmed Milk Powder e.g. female midwives: Commission v UK. Art 3 RD and 157(4) TFEU:Positive discrimination: may adopt measures to make it easier for under represented sex to pursue vocation. Cannot automatically favour under qualified women (Abrahamsson) or equally qualified (Kalanke) Marschall: favour equally qualified under-represented sex unless other has overriding characteristics. |
|
|
justification for indirect discrimination |
Art.2(1)(b) RD: Art 19: burden of proof is on claimant to show more persons of his sex are adversely affected, if established defendant must justify the measure. Employer to employee: Bilka: i) legitimate aim ii) appropriate means iii) necessary State: Ex p Seymour Smith: i) legitimate aim ii) unrelated to sex discrimination iii) measure is suitable to achieving aim |
