ECJ 19 June 2014, joined cases C-501 to 506/12 and C-540 and 541/12 (Thomas Specht and others - v - Land Berlin and Rena Schmeel and another - v - Bundesrepublik Deutschland), Age discrimination

Mr Specht was a civil servant employed by the provincial Berlin government. Although the cases of...

2014/55 Being overweight does not constitute a disability (GE)

Being overweight without suffering from severe or morbid obesity (adipositas) does not constitute a disability as defined in the German Equal Treatment Act. Therefore, the rejection of an overweight applicant cannot lead to a successful claim for damages based on disability discrimination.

2014/55 Being overweight does not constitute a disability (GE)

Being overweight without suffering from severe or morbid obesity (adipositas) does not constitute a disability as defined in the German Equal Treatment Act. Therefore, the rejection of an overweight applicant cannot lead to a successful claim for damages based on disability discrimination.

2014/43 Supreme Court rules on equal pay and on redundancy selection criteria (PL)

The Polish Supreme Court recently clarified the criteria to be applied when selecting staff for redundancy, as well as the burden of proof in cases of ‘justified discrimination’ and unequal pay.

2014/43 Supreme Court rules on equal pay and on redundancy selection criteria (PL)

The Polish Supreme Court recently clarified the criteria to be applied when selecting staff for redundancy, as well as the burden of proof in cases of ‘justified discrimination’ and unequal pay.

2014/44 Constitutional Court strikes down law requiring disclosure of pregnancy (HU)

The Hungarian Constitutional Court has found a provision of the new 2012 Labour Code to be unconstitutional. Based on that law pregnant employees and employees undergoing fertility treatment are protected from dismissal. The new provision obliged these employees to disclose their condition before receiving a notice of dismissal from the employer. Failure to do so caused employees to lose the right to rely on the prohibition of termination during pregnancy/fertility treatment. The court held that the provision is unconstitutional as it breached the constitutional rules on privacy, dignity and equal treatment.

2014/44 Constitutional Court strikes down law requiring disclosure of pregnancy (HU)

The Hungarian Constitutional Court has found a provision of the new 2012 Labour Code to be unconstitutional. Based on that law pregnant employees and employees undergoing fertility treatment are protected from dismissal. The new provision obliged these employees to disclose their condition before receiving a notice of dismissal from the employer. Failure to do so caused employees to lose the right to rely on the prohibition of termination during pregnancy/fertility treatment. The court held that the provision is unconstitutional as it breached the constitutional rules on privacy, dignity and equal treatment.

2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

2014/45 Unproven accusation of sexual harassment: no reason for dismissal (AT)

An employee who claims to be a victim of sexual harassment by a superior must not be dismissed for loss of trust and confidence, unless the employer can prove that the accusations were false.

ECJ 18 March 2014 (Grand Chamber), case C-363/12 (Z - v - A Government department and the Board of management of a community school), Gender discrimination, Disability discrimination

Mr and Ms Z are fertile but because Ms Z has no uterus, she cannot support a pregnancy. In 2010...