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.

2017/28 Failure to enhance parental leave pay to level of maternity pay held to be direct sex discrimination (UK)

It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET).

Case C-252/17. Equal treatment

Does Directive 2010/18/EU 1 preclude an interpretation of Article 37.4 ET (leave of absence of an...

Case C-258/17. Discrimination and pension

Does Article 2 of Council Directive 2000/78/EC of 27 November 2000 establishing a general...

2017/28 Failure to enhance parental leave pay to level of maternity pay held to be direct sex discrimination (UK)

It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET).

Case C-252/17. Equal treatment

Does Directive 2010/18/EU 1 preclude an interpretation of Article 37.4 ET (leave of absence of an...

Case C-258/17. Discrimination and pension

Does Article 2 of Council Directive 2000/78/EC of 27 November 2000 establishing a general...

ECJ 19 July 2017, case C-143/16 (Abercrombie & Fitch Italia Srl), Age discrimination

A provision which authorises an employer to make an on-call contract with a worker of under 25 years of age and to dismiss that worker as soon as he or she reaches 25, pursues a legitimate aim of employment and labour market policy and the means to attain that objective were appropriate and necessary.

ECJ 19 July 2017, case C-143/16 (Abercrombie & Fitch Italia Srl), Age discrimination

A provision which authorises an employer to make an on-call contract with a worker of under 25 years of age and to dismiss that worker as soon as he or she reaches 25, pursues a legitimate aim of employment and labour market policy and the means to attain that objective were appropriate and necessary.

ECJ (Grand Chamber) 14 March 2017, case C-157/15 (Achbita), Religious discrimination

Company regulations that prohibit the visible wearing of political, philosophical or religious symbols do not discriminate directly on grounds of religion. A policy of projecting an image of neutrality is not indirectly discriminatory if pursued consistently and systematically.