Not getting equal pay for women doing the same job was not justified by 'market forces'
1 of 30
Why does EU enforce social policy?
Ensure EU is globally competitive, combat social dumping, reflects modern human rights
2 of 30
What does Directive 2004/113 EC establish?
Provides for the principle of equal treatment between men and women in the access to and supply of goods and services
3 of 30
What does Art 157 TFEU establish?
Each MS shall ensure that the principle of equal pay for male and female workers of equal value is applied
4 of 30
What did 2006/54 Recast directive establish?
Equal pay/ equal treatment, underpinning all the legislation and case law is the general principle of equality and non discrimination
5 of 30
How do you establish discrimination?
In order to establish discrimination you need to be a migrant worker ie moved to another MS
6 of 30
What is sex discrimination?
Treating a person differently because of their gender. Gender equality covers pay and other conditions of employement
7 of 30
What is pregnancy related discrimination?
Sex discrimination, covered by Directive 98/85 PD protection from dismissal and limited rights to maternity leave and pay
8 of 30
What does the Recast Equal Treatment Directive say regarding pregancy?
Any less favourable treatment of a woman related to pregnancy or maternity amounts to discrimination. Art 15 - return from ML = right to return to equivalent post/conditions/benefits
9 of 30
What does Grant and KB establish?
Sexual orientation is not within the scope of sex discrimination, covered by Discrimination Framework Directive 200/78 now
10 of 30
What does Art 157(1)+(2) define pay as?
157(1) - equal pay for m/f workers for equal work/work of equal value 157(2) - pay = ordinary basic minimum wage/salary/ other considerations/ in cash/kind
11 of 30
What does Art 157(2a) say?
Pay for the same work at pieces rate shall be calculated on the basis of the same unit measurement
12 of 30
What does Art 157(2b) say?
Pay for work at time rates shall be the same for the same job
13 of 30
What does Garland establish?
Pay includes consideration, whether immediate/future provided the worker receives it directly or indirectly in respect of his employment from his employer
14 of 30
What does Defrenne establish?
Pay needs to be referable to employment
15 of 30
Does Art 157 TFEU have direct effect?
Treaty artciles have vertical direct effect VGL and horizontal direct effect Defrenne
16 of 30
Does the Recast Directive have direct effect?
Vertical direct effect only (VGL) (Van Duyn) (Marshall)
17 of 30
What is direct discrimination and where is it defined?
Art 2(1)(1) Recast Equal Treatment Directive - where one person is treated less favourably on a ground of sex than another is, has been or would be treated in a comparable situation.
18 of 30
What are the defences to direct discrimination?
Under Art 157(4) TFEU can have positive action and genuine occupation
19 of 30
What does Art 3 Recast direct establish?
Positive action - MS may maintain/ adopt measures within the meaning of Art 11(4) TFEU with a view to ensuring full equality in practice between men and women in working life
20 of 30
What does Art 14(2) Recast Direct establish?
Genuine Occupation - characteristics constitute a genuine and determining occupational requirement, provided that it's objective is legitimate and the requirement proportionate.
21 of 30
What is indirect discrimination?
Art 2(1)(b) RD - An apparent neutral provision, criterion or practice which puts persons of one sex at a particular disadvantage compared with the other sex.
22 of 30
Defences for indirect discrimination?
Provision, criterion or practice is objectively justified by a legitimate aim and means of achieving that aim are proportionate and necessary.
23 of 30
What did Jenkins establish?
Meaning of IDD - suggest economic factors would prove acceptable justification. Is the requirement a way of reducing part time workers ?
24 of 30
What did Bilka establish?
Guidelines as to what might constitute object justifications - 1. correspond to a genuine need of the enterprise 2. suitable for obtaining the objective pursued by enterprise 3. necessary to that purpose
25 of 30
What did Barber and Kowalska establish?
Redundancy pay = pay
26 of 30
What did Dekker establish?
Defusal to employ on basis of pregnancy = direct discrimination
27 of 30
What did Pickstone establish?
Equal pay for equal work
28 of 30
What did Marschall establish?
National provision giving priority to women ok as inc qualification that employer could appoint male if there were reasons
29 of 30
What did Abrahamson establish?
If one sex's qualifications are less than the other, the underrepresented sex cant be appointed as this would be disproportionate
30 of 30
Other cards in this set
Card 2
Front
Why does EU enforce social policy?
Back
Ensure EU is globally competitive, combat social dumping, reflects modern human rights
Comments
No comments have yet been made