Social Policy - Sex Discrimination Flashcards
What is the general aim of anti-discriminatory legislation?
According to Defrenne v SABENA it is to promote fairness and equality, and economic growth within community.
If issue relates to pay what legislation applies?
Article 157 TFEU: Men and women should receive equal pay for doing equal work or work of the same value.
What is the definition of pay according to Art. 157(2)?
Salary or any other consideration whether in cash or kind, indirect or direct, in respect of employment from employer.
Which case established that pay included travel concession for family?
Garland v British Rail
Which case established that pay included statutory redundancy pay?
Barber v Guardian
Which case established that pay included private pension payments?
Bilka-Kaufhaus
Which case established that statutory social security pensions does not amount to pay?
Defrenne v SABENA
Which case established that pay included damages for unfair dismissal?
Ex p Seymour-Smith & Perez
If the issue relates to treatment what legislation applies?
Individual must rely on Recast Directive 2006/54
What is the definition of direct discrimination?
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.
When does the Pregnancy Directive 92/85 apply?
Usually only used re dismissal but courts have upheld it for job applications
What is the definition of indirect discrimination?
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
