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Social Policy - Sex Discrimination Flashcards

(12 cards)

1
Q

What is the general aim of anti-discriminatory legislation?

A

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

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2
Q

If issue relates to pay what legislation applies?

A

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

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3
Q

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

A

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

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4
Q

Which case established that pay included travel concession for family?

A

Garland v British Rail

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5
Q

Which case established that pay included statutory redundancy pay?

A

Barber v Guardian

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6
Q

Which case established that pay included private pension payments?

A

Bilka-Kaufhaus

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7
Q

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

A

Defrenne v SABENA

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8
Q

Which case established that pay included damages for unfair dismissal?

A

Ex p Seymour-Smith & Perez

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9
Q

If the issue relates to treatment what legislation applies?

A

Individual must rely on Recast Directive 2006/54

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10
Q

What is the definition of direct discrimination?

A

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.

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11
Q

When does the Pregnancy Directive 92/85 apply?

A

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

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12
Q

What is the definition of indirect discrimination?

A

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

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