Social Policy - Sex Discrimination Flashcards Preview

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Flashcards in Social Policy - Sex Discrimination Deck (12):
1

What is the general aim of anti-discriminatory legislation?

According to Defrenne v SABENA it is to promote fairness and equality, and economic growth within community.

2

If issue relates to pay what legislation applies?

Article 157 TFEU: Men and women should receive equal pay for doing equal work or work of the same value.

3

What is the definition of pay according to Art. 157(2)?

Salary or any other consideration whether in cash or kind, indirect or direct, in respect of employment from employer.

4

Which case established that pay included travel concession for family?

Garland v British Rail

5

Which case established that pay included statutory redundancy pay?

Barber v Guardian

6

Which case established that pay included private pension payments?

Bilka-Kaufhaus

7

Which case established that statutory social security pensions does not amount to pay?

Defrenne v SABENA

8

Which case established that pay included damages for unfair dismissal?

Ex p Seymour-Smith & Perez

9

If the issue relates to treatment what legislation applies?

Individual must rely on Recast Directive 2006/54

10

What is the definition of direct discrimination?

According to Art. 2(1)(a) Recast Directive it is where on person is treated unfavourably on the grounds of sex than the other is/was/would have been treated in a comparable situation.

11

When does the Pregnancy Directive 92/85 apply?

Usually only used re dismissal but courts have upheld it for job applications

12

What is the definition of indirect discrimination?

According to Art. 2(1)(b) Recast Directive it is a neutral provision criterion, or practice that could put the persons of one sex at a particular disadvantage compared with persons of the opposite sex