Sex Discrimination - Cases/facts Flashcards
Article 157
equal pay for male and female workers for equal work or work of equal value
Directive 75/117
Equal pay for equal work directive
Directive 2006/54
Equal treatment in employment directive
Defrenne v SABENA
– Sued previous employer using article 157 (CJ held to have direct effect). CJ ruled in Defrenne’s favour, however only propspective
Rinner-Kuhn
Where part-time workers were not entitled to sick pay. This is indirect discrimination as in reality most part-time workers are women due to child care restraints.
Jenkins v Kingsgate
Full-time workers paid more than part-time workers even though they do the same job. Not indirect discrimination if objectively justified, and unrelated to sex. (informed later directive)
Enderby v Frenchay
Where one category of workers is paid less than another category though work assumed to be of equal value, yet one category are men and other women. Here indirect sex discrimination.
Bilka 3 rules for objective justification
Serves real need of undertaking, Appropriate of objective pursued (Proportionality), Necessary to achieve that end, it may be justified
What case shows that the necessary aims of social policy may jusitfy sexual discrimination?
Rinner-Kuhn
Dismissed transsexual, this was held to be ground of gender so was upheld under article 157
P v S & Cornwall
Grant v SW Trains Ltd
Gay couple not granted travel benefits as not gender issue but sexual preference issue
article 19 TFEU –
General anti-discrimination article.
Anglestern (D75/117)
Equal treatment extended to work of equal value in
Rummler v Dato-Druck
Classification system must be the same for men and women. But can include a consideration of physical effort, as long as this is not sexually discriminatory
What are the criteria for job classification in the Royal Copenhagen case?
established test for the classification of jobs; The nature of work, The training requirements, The working conditions
