Unit 1:4

Question 0

Pay Structure

Answer 0

Direct (defined Art 2(1)(a) Recast Directive)-> Equal Work? Under 157 TFEU-> no justification possible-> use vertically or horizontally (directly effective)

Indirect (Art 2(1)(b) Recast Directive)-> justification->use vertically or horizontally (Directly effective)

Question 1

Pay

Answer 1

Article 157 TFEU

Question 2

Bilka-Kaufhaus conditions

Answer 2

Private employers

• measure must correspond to a real need on the part of the employer
• must be appropriate to achieving the objective pursued
• must be necessary to that end

Question 3

Seymour-Smith Conditions

Answer 3

State employer

• reflects a legitimate aim of social policy
• unrelated to a discrimination based upon sex
• means are suitable for achieving that aim

Question 4

Treatment Structure

Answer 4

Recast directive (if occupational requirement exemption applies then no claim)
Direct (2(1)(a))->same work under art 4-> no justification possible
Indirect (2(1)(b))-> justification?- if using vertically then direct effect, if using horizontally then indirect effect or state liability