ECJ 19 October 2017, case C-531/15 (Otero Ramos), General discrimination, Gender discrimination

The provisions on the burden of proof regarding the equal treatment of men and women in employment matters in Directive 2006/54 also apply to claims by breastfeeding workers based on Directive 92/85 (safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding).

2017/27 Supreme Court clarifies indirect discrimination test (UK)

The Supreme Court has given a clear explanation of how the test for indirect discrimination works, holding that it is not necessary to know why a particular group is disadvantaged by an employer’s policy in order to show indirect discrimination. This decision is not particularly helpful for employers as it makes it easier for individuals to make an indirect discrimination claim. However, the Supreme Court emphasised that it is always open to an employer to show that indirect discrimination is justified.

2017/27 Supreme Court clarifies indirect discrimination test (UK)

The Supreme Court has given a clear explanation of how the test for indirect discrimination works, holding that it is not necessary to know why a particular group is disadvantaged by an employer’s policy in order to show indirect discrimination. This decision is not particularly helpful for employers as it makes it easier for individuals to make an indirect discrimination claim. However, the Supreme Court emphasised that it is always open to an employer to show that indirect discrimination is justified.

2017/29 Policy requiring employees to speak English at work justifiable (IR)

A recent decision by the Labour Court found that a policy requiring employees to speak English in the workplace constituted discrimination on grounds of national origin but was objectively justifiable.

2017/30 Discrimination of workers’ representatives – burden of proof (LI)

The Lithuanian Supreme Court has found discrimination against an employee based on his trade union activities and ruled that there was no need for the burden of proof to shift to the employer.

2017/29 Policy requiring employees to speak English at work justifiable (IR)

A recent decision by the Labour Court found that a policy requiring employees to speak English in the workplace constituted discrimination on grounds of national origin but was objectively justifiable.

2017/30 Discrimination of workers’ representatives – burden of proof (LI)

The Lithuanian Supreme Court has found discrimination against an employee based on his trade union activities and ruled that there was no need for the burden of proof to shift to the employer.

2017/31 Lawful positive discrimination in favour of women (FR)

Company agreement provisions granting a half-day of leave to female employees on International Women’s Day constitute lawful positive discrimination in favour of women.

Case C-68/17. Equal treatment

Is the second subparagraph of Article 4(2) of Council Directive 2000/78/EC 1 of 27 November 2000...

Case C-68/17. Equal treatment

Is the second subparagraph of Article 4(2) of Council Directive 2000/78/EC 1 of 27 November 2000...