Equality Law

Question 1

Art 157(4) TFEU

Answer 1

Equality between men and women

Question 2

Art 19 TFEU

Answer 2

General power to prohibit discrimination across a range of areas

Question 3

Art 153 TFEU

Answer 3

Equality of men and women in the work environment

Question 4

Art 157 TFEU

Answer 4

Equal pay and now promotion of equality between sexes

Question 5

Art 79 TFEU

Answer 5

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

Question 6

Is there a need for cross border movement?

Answer 6

No, can be applicable to wholly internal situations

Question 7

Who is a worker?

Answer 7

Defined the same as in FMoW

Question 8

Allonby

Answer 8

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

Question 9

Treaty of Amsterdam

Answer 9

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

Question 10

Defrene v Sabena (2)

Answer 10

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

Question 11

Directive 2006/54

Answer 11

AKA The Recast directive

Question 12

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

Answer 12

The meaning of pay

Question 13

Garland

Answer 13

Concessery travel facilities granted to ex-employees is pay

Question 14

Rinner-Khun

Answer 14

Sick pay counts as pay

Question 15

Barber

Answer 15

Redundancy pay counts as pay

Question 16

Seymour-Smith

Answer 16

Unfair dismissal compensation counts as pay

Question 17

Gillespie

Answer 17

Maternity benefits count as pay

Question 18

Art 7 Social Security

Answer 18

Are retirement pensions included in pay?

Question 19

Griesmar

Answer 19

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

Question 20

Enderby

Answer 20

Different medical professionals were not work of equal value

Question 21

Brunnhofer

Answer 21

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

Question 22

Where does the burden of proof lie?

Answer 22

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

Question 23

Indirect discrimination:

Answer 23

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

Question 24

Jenkins

Answer 24

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

Question 25

Bilka-Kaufhaus

Answer 25

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 ..."

Question 26

Kallri

Answer 26

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

Question 27

Equal Treatment:

Answer 27

Directive 2006/54/EC | Directive 2010/41/EU

Question 28

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

Answer 28

Sex discrimination

Question 29

Exception to equal treatment:

Answer 29

Helping disadvantaged sex and positive action

Question 30

Commission v France

Answer 30

Law which permitted collective agreements to provide special rights for women was unjustified ->France was unable to show that it reduced inequality

Question 31

Kalanke

Answer 31

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

Question 32

Marschall

Answer 32

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

Question 33

Directive 92/85/EEC (The pregnancy directive)

Answer 33

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

Question 34

Webb

Answer 34

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

Question 35

Melgar

Answer 35

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

Question 36

Busch

Answer 36

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

Question 37

Hertz

Answer 37

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

Question 38

Brown

Answer 38

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

Question 39

2010/18/EU Directive (Parental Leave Directve)

Answer 39

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

Question 40

Mayr

Answer 40

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

Question 41

CD and Z

Answer 41

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

Question 42

Recast Directive Art 14 (2)

Answer 42

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

Question 43

Sirdar

Answer 43

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

Question 44

Marshall

Answer 44

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