EU Law- Sexual Equality I (Social Policy)

  • Created by: Alasdair
  • Created on: 11-11-20 19:35
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  • Sexual Equality I (Social Policy)
    • The Legislation
      • Article 157 TFEU
        • Main piece of primary legislation
        • Sets down principle men and women should be paid equally for doing equal work or work of equal value
        • Generated lots of case law
      • Equal Pay Directive (75/117) and Equal Treatment Directive (76/207)
        • Expanded law on sexual equality
        • Provisions contained in those directives were also subject of case law
        • Recast Equal Treatment  Directive repealed and replaced earlier Directives
        • To extend that recast Directive repeats provisions formerly contained in old Directives, case law relating to those provisions will remain relevant.
      • The Recast Directive
        • Directive 2006/54/EC
        • Equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)
    • Types of Sex Discrimination
      • Paying a woman less than a man for doing same job
      • Making man wait until he is 65 to get his State pension rights, whereas woman qualifies earlier
      • Denying woman access to higher position within company even though she is better qualified than successful male candidate
      • Positively promoting woman who is less well qualified for job than a male candidate
      • Some of these practices may originate in policies operated by individual employer
      • Other practices may derive from national legislation
      • EU may be able to assist in challenging existence or enforcement of these policies


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