Sex Discrimination

Question 1

What does Art.157 provide?

Answer 1

Male and female workers must receive equal PAY for equal work of equal value.

Question 2

Difference between direct and indirect discrimination under Art. 157?

Answer 2

Direct discrimination can never be justified, but indirect discrimination can be objectively justified if

(i) serves a real need of the undertaking
(ii) is appropriate to the objectives pursued
(iii) attributable to factors in no way related to sex and
(iv) is necessary to achieve that end

Question 3

Effect of Art.19 TFEU?

Answer 3

Extends sex equality to prohibit discrimination against homosexuals and transsexuals?

Question 4

What 4 items does “pay” include for purposes of Art.157?

Answer 4

1. Employer-funded pension contributions
2. Family travel benefits
3. Sick pay
4. Widows’ pensions

Question 5

When is derogation allowed from the principle of equal access to employment, promotion, training and working conditions?

Answer 5

1. Sex is the determining factor (male midwives, exclusion of women from frontline brigades)
2. Protection of women during pregnancy and maternity
   Positive discrimination

Question 6

Is dismissal of a woman because of pregnancy or a pregnancy-related illness a breach?

Answer 6

Not necessarily - once the 14-week protective period during pregnancy and maternity leave has ended then pregnancy-related illness is treated the same as any other illness justifying dismissal.