Week 16 Flashcards

1
Q

Case 170/84 Bilka-Kaufhaus

A

Occupational pension financed entirely by employer = pay

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2
Q

Case 80/70 Defrenne I

A

Social security doesn’t equal pay

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3
Q

What established art 157 TFEU to have direct effect

A

CJEU

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4
Q

Case C-50/96 Shroder

A

Social aim dominates

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5
Q

Art 119 EEC

A

equal pay

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6
Q

C–262/88 Barber

A

Contracted out pension schemes = pay

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7
Q

What introduced art 19

A

Amsterdam Treaty

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8
Q

TRUE or FALSE art 19 is directly effective

A

FALSE

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9
Q

What holds most secondary legislation on equality between men and women

A

Recast Directive 2006/54

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10
Q

What does the Race Directive 2000/43/EC not cover

A

Nationality

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11
Q

What does the Framework Equality Directive 2000/78 only apply to

A

Labor market discrimination

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12
Q

What special exceptions does the Framework Equality Directive 2000/78 have

A

Age + Disability + Religion

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13
Q

Case C-54/07 Feryn

A

Employer publicly states that they will not hire persons of a certain racial/ethnic orgin

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14
Q

Who is the comparator

A

For example, if a woman and a man are doing the same job but the man is paid more, the man is the comparator used to show potential unequal treatment.

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15
Q

Define “Protected grounds”

A

the specific reasons you cannot be treated unfairly, like race, gender, religion, disability, etc.

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16
Q

C-303/06 Coleman

A

Harassment by association possible

17
Q

What are the justifications of direct discrimination

A

Public Order
Public Safety
Public Health
Rights and Freedoms of others
ONLY FOR: religion, disability, age, and sexual orientation.

18
Q

C-414/16 Egenberger

A

employer must show that religion is a relevant criterion for the job

19
Q

C-188/15 Bougnaoui

A

Religion as an occupational requirement

20
Q

Proportionality Test

A

Legitimate Aim
Appropriate
Necessary

21
Q

C-157/15 Achbita

A

Employer wanting to appear religiously neutral