Sex Discrimination Flashcards
(20 cards)
Does Article 157 refer to pay only or pay and treatment?
Pay only
What is pay according to Article 157(2)
“Pay means the ordinary basic or minimum wage or salary and any other consideration”
Travel concessions for family of retired are “pay”. Which case?
Garland v British Rail
Redundancy pay is a “pay” issue. Which case?
Barber v Guardian
Damages for unfair dismissal are a “pay issue”. Which case?
Bilka-Kaufhaus
Treatment issues must rely on which directive?
The Recast Equal Treatment Directive 2006/54
Which Article determines whether discrimination is direct or indirect?
Article 2(1)(a) Recast Equal Treatment Directive 2006/54
A woman being sacked because she was pregnant was direct discrimination. Which case?
Dekker
Male cabin crew paid more than female cabin crew was direct discrimination. Which case?
Defrenne
The definition of indirect discrimination is effective for Article 267 TFEU. Which case?
Jenkins v Kingsgate
Can direct discrimination be justified? Which case?
No Defrenne v Sabena
What are the two defences available to direct discrimination?
- Genuine and determining occupational requirement
2. Positive discrimination
What are the three criteria for the genuine and determining occupational requirement defence?
- Appropriate for objective
- Necessary for objective
3 Must not go beyond what is required
(Johnson v RUC)
In which Article is the positive discrimination exception found?
Article 157(4)
Article 157(4) cannot be used to pick less qualified women. Which case?
Abrahamson
Article 157(4) cannot be used to select equally qualified women. Which case?
Kalanke
Article 157(4) can only be used where there are equally qualified applicants and there is an opportunity given to the candidate from the well represented background to demonstrate any overriding characteristics. If they cannot, 157)4 may apply. Which case?
Hellmut Marshall
How does a state justify an indirectly discriminatory measure?
Seymour Smith
- Legitimate aim
- Unrelated to sex
- Suitable for achieving the aim
How does an employer justify an indirectly discriminatory measure? (NAN)
Bilka Kaufhas
- real Need on the part of the employer
- Appropriate measure
- Necessary and proportionate
Who has the burden of proof with an equal pay claim?
Article 19 Recast Equal Treatment Directive 2006/54
With the claimant to establish persons of his/her sex disproportionately affected.
With the defendant to justify the measure
