Sex Discrimination Unit 3

Question 1

Jenkins Kingsgate

Answer 1

Indirect discrimination. Although gender is not a given as the reason for difference, all the part-times are women and most of the full time are men.

Question 2

Bilka-Kaufhaus

Answer 2

Indirect discrimination - part-time- pension - objective justification test- initial burden- employee. After is on the employer who should prove: real need of measure, appropriate to the objective and necessary to the objective.

Question 3

Equal opportunities Commission v SSE

Answer 3

Part-time (5 years) x Full-time (2 years)- compensation- redundancy or unfair dismissal. Women discrimination because more women work part-time.

Question 4

Rinner-kuhn

Answer 4

Sick-leave for part-time- reference ECJ - test for objective justification- first burden to the employee- after of the state - prove: legitimate social policy, unrelated discrimination based on sex and means for achieving.

Question 5

Enderby v Frenchay

Answer 5

Professions of equal value tend to attract predominantly one sex, those professions must be paid equally.

Question 6

Hill and Stapleton

Answer 6

Sharing jobs. Protection of the women and their families.

Question 7

Seymour-smith

Answer 7

More women take time out of their careers to have children.

Question 8

Deleted

Answer 8

Not to employ a woman because she is pregnant.

Question 9

Webb v EMO

Answer 9

Dismiss a woman because she is pregnant.

Question 10

Defrenne v Sabena

Answer 10

Man x woman - Same duties - different pay- direct discrimination