Unit 4: Social Policy Flashcards
A2(1)(a) recast ETD
Direct discrimination
A2(1)(b) recast ETD
Indirect discrimination
Bilka
Indirect discrimination - Regarding party’s policy/arrangement, that the means
/
Equal pay - The definition of ‘pay’ - pension scheme settled in private firm
ex p Seymour-Smith
Indirect discrimination - Regarding legislature, that the law
/
Equal pay - The definition of ‘pay’ - Payments on termination = ‘pay’
A157 TFEU
Equal pay /- The definition of ‘pay’
Garland
Equal pay - The definition of ‘pay’ - Travel concession, even one that is given to family members/frds = ‘pay’
Defrenne v Belgium
Equal pay - The definition of ‘pay’ - Pension scheme which is not funded by the state or part of the social security pension scheme under social policy = ‘pay’
Barber
Equal pay - The definition of ‘pay’ - ‘contract out’ scheme
A14 recast ETD
Equal treatment
A14(2) recast ETD
Equal treatment - Exception: occupations are allowed to open exclusively to one sex if
A2(2)(c) recast ETD
Equal treatment - a woman related to pregnancy or maternity cannot be treated less favorable
Webb
Equal treatment - not being hired because of pregnancy
A15 recast ETD
Equal treatment - a woman after maternity leave should be entitled to…
Nordrhein-Westfalen
Equal treatment - positive action - The only situation allowed
Freie
Equal treatment - positive action - Not allowed: when a woman and a man with equal qualification come to apply for a job, the woman should be favored.
