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EU > Equality Law > Flashcards

Equality Law Flashcards

1
Q

Art 157(4) TFEU

A

Equality between men and women

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2
Q

Art 19 TFEU

A

General power to prohibit discrimination across a range of areas

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3
Q

Art 153 TFEU

A

Equality of men and women in the work environment

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4
Q

Art 157 TFEU

A

Equal pay and now promotion of equality between sexes

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5
Q

Art 79 TFEU

A

Preventing and combatting all kind of trafficking and sexual abuse of women

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6
Q

Is there a need for cross border movement?

A

No, can be applicable to wholly internal situations

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7
Q

Who is a worker?

A

Defined the same as in FMoW

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8
Q

Allonby

A
  • A part-time worker was being paid less than full-time workers
  • > extended definition to those on an atypical contract
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9
Q

Treaty of Amsterdam

A

Art:
141(1) - Equal pay for work of equal value
141(2) - definition of pay
141(2) (a-b) -definition of equal pay

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10
Q

Defrene v Sabena (2)

A

Female flight attendees had to retire at 40

  • A.) Recognised equal pay
  • B.) Principle of EP precise enough to be horizontally and vertically direct effect
  • C.) Court recognised for first time economic and social aim of treaty
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11
Q

Directive 2006/54

A

AKA The Recast directive

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12
Q

Directive 2006/54 Art 2(1) (e)

A

The meaning of pay

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13
Q

Garland

A

Concessery travel facilities granted to ex-employees is pay

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14
Q

Rinner-Khun

A

Sick pay counts as pay

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15
Q

Barber

A

Redundancy pay counts as pay

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16
Q

Seymour-Smith

A

Unfair dismissal compensation counts as pay

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17
Q

Gillespie

A

Maternity benefits count as pay

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18
Q

Art 7 Social Security

A

Are retirement pensions included in pay?

19
Q

Griesmar

A

Not acceptable for one gender to have a different retirement age to another

20
Q

Enderby

A

Different medical professionals were not work of equal value

21
Q

Brunnhofer

A

The fact that male and female employees are classified in the same job category is not in itself sufficient for stating that it is work of equal value
- It’s only an indication

22
Q

Where does the burden of proof lie?

A

Must prove they are receiving lower pay than that of a colleague of the opposite sex
-> and that they are performing work of equal value of that comparator

23
Q

Indirect discrimination:

A

If a substantially higher proportion of opposite sex are affected by a neutral provision, criterion or practice
-> Unless it can be justified with objective factors unrelated to sex

24
Q

Jenkins

A

Difference in remuneration between FT and PT workers
-> more women worked PT and argued it was indirect discrimination
However, it was justified under objective factors and help not to be discriminatory

25
Q

Bilka-Kaufhaus

A

Test for objective justification
“If the undertaking is able to show that its paid practice may be explained by objectively justified factors unrelated to any grounds of sex …”

26
Q

Kallri

A

rejection of application for police training due to insufficient height + Greek government argued it was necessary
-> Held that aims could be achieved in a more proportionate manner

27
Q

Equal Treatment:

A

Directive 2006/54/EC

Directive 2010/41/EU

28
Q

Directive 2006/54/EC Art 2(1) + 2(2)

A

Sex discrimination

29
Q

Exception to equal treatment:

A

Helping disadvantaged sex and positive action

30
Q

Commission v France

A

Law which permitted collective agreements to provide special rights for women was unjustified

->France was unable to show that it reduced inequality

31
Q

Kalanke

A

Where equally qualified men and women are candidates for a position with fewer women
-> automatically giving priority to women is direct discrimination

32
Q

Marschall

A

Similar to Kalanke
-> Additional provision that if male candidate was more qualified they should get the post, then the automatic priority to women is no a breach

33
Q

Directive 92/85/EEC (The pregnancy directive)

A

Encourage improvements in safety and health at work and determines the rights of pregnant and breastfeeding worker

  • > No need for comparison
  • > Ensures minimum period of 14 weeks
34
Q

Webb

A

Dismissal of a pregnant worker for reasons of her pregnancy -> Not allowed

35
Q

Melgar

A

If non renewal of a contract is motivated by the workers pregnancy -> Direct discrimination

36
Q

Busch

A

Employee is under no obligation to inform employer that she is pregnant
-> Employer cannot rescind consent to return to work

37
Q

Hertz

A

Dismissal due to repeated absences due to pregnancy illnesses does not apply because male workers can be dismissed in similar circumstances

38
Q

Brown

A
  • Dismissal resulting from a pregnancy-related illness that started during maternity leave is direct discrimination
  • > Distinguished from Hertz
39
Q

2010/18/EU Directive (Parental Leave Directve)

A

All workers (men/women) can take time off to look after children up to the age of 8

40
Q

Mayr

A

Prohibits discrimination against a woman undergoing IVF but not yet carrying a child

41
Q

CD and Z

A

In order to receive protection same woman has to undergo IVF, get pregnant and give birth

42
Q

Recast Directive Art 14 (2)

A

MS can exempt certain jobs from ET when it is not related to sex itself -> must be legitimate and proportionate

43
Q

Sirdar

A

Woman refused a position in marines

ECJ: National authorities have certain degree of discretion when adopting measures which they consider to be necessary in order to guarantee public security

44
Q

Marshall

A

Compulsory earlier retirement for women than for men -> direct discrimination

EU (3 decks)

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