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Summary

2010-07-22

2011/25 Statistics alone insufficient to establish presumption of “glass ceiling” (GE)

An employee who is not promoted to a higher position and who alleges that this is because there is a “glass ceiling”, must establish facts from which it may be presumed that there has been gender discrimination. Providing statistics to the effect that women are underrepresented in senior positions is insufficient for this purpose.

Bundesarbeitsgericht (Federal Labour Court), 2010-07-22

Case report

2010-07-09

Denmark

2010/81: Employee compensated for religious harassment because his manager referred to his church as a “sect” (DE)

An employee was awarded approximately € 3,350 in compensation because his manager called his church a “sect”.

Horsens District Court, 2010-07-09

Summary

2010-07-09

2010/81: Employee compensated for religious harassment because his manager referred to his church as a “sect” (DE)

An employee was awarded approximately € 3,350 in compensation because his manager called his church a “sect”.

Horsens District Court, 2010-07-09

Case report

2010-06-30

Denmark

2010/79: Employers may discriminate against under-18s (DE)

Provisions in a collective labour agreement that allow the practice of paying employees under 18 years less than older employees and that allow termination of employees’ contracts when they turn 18, do not violate the Danish Employment Equality Directive.

Østre Landsret (Danish Eastern High Court), 2010-06-30

Summary

2010-06-30

2010/79: Employers may discriminate against under-18s (DE)

Provisions in a collective labour agreement that allow the practice of paying employees under 18 years less than older employees and that allow termination of employees’ contracts when they turn 18, do not violate the Danish Employment Equality Directive.

Østre Landsret (Danish Eastern High Court), 2010-06-30

Case report

2010-06-21

United Kingdom

2010/58: Discrimination on grounds of perceived disability not outlawed (UK)

Under current UK law, a claim for disability discrimination can only be brought by a person who has a disability or is associated with a disabled person, not a person who is wrongly perceived as having a disability. This will change when the relevant provisions of the Equality Act 2010 come into force.

Employment Appeal Tribunal, 2010-06-21

Summary

2010-06-21

2010/58: Discrimination on grounds of perceived disability not outlawed (UK)

Under current UK law, a claim for disability discrimination can only be brought by a person who has a disability or is associated with a disabled person, not a person who is wrongly perceived as having a disability. This will change when the relevant provisions of the Equality Act 2010 come into force.

Employment Appeal Tribunal, 2010-06-21

Case report

2010-05-28

Ireland

2010/78: Rules prohibiting direct sex discrimination may be applied to a claim based on indirect sex discrimination (failure to provide part-time work) (IR)

An employee alleged that her employer had indirectly discriminated against her on the grounds of gender and family status when it failed to provide her with part-time work in 2005. At the hearing, the Equality Officer decided to address the issue of direct discrimination, even though the employee had not made any allegations in this regard. The Equality Officer concluded that the employee had established a prima facie case of direct discrimination on the grounds of gender only and awarded her € 45,000 in compensation.

The Equality Tribunal, 2010-05-28

Summary

2010-05-28

2010/78: Rules prohibiting direct sex discrimination may be applied to a claim based on indirect sex discrimination (failure to provide part-time work) (IR)

An employee alleged that her employer had indirectly discriminated against her on the grounds of gender and family status when it failed to provide her with part-time work in 2005. At the hearing, the Equality Officer decided to address the issue of direct discrimination, even though the employee had not made any allegations in this regard. The Equality Officer concluded that the employee had established a prima facie case of direct discrimination on the grounds of gender only and awarded her € 45,000 in compensation.

The Equality Tribunal, 2010-05-28

Case report

2010-05-25

United Kingdom

2010/83: Employee barred from using, in discrimination case, information provided in "without prejudice" discussions (UK)

The Employment Appeal Tribunal (EAT) has ruled that employers can legitimately have “without prejudice” discussions with employees who have alleged unlawful discrimination, with a view to settling the dispute. Such discussions cannot later be used as evidence in court.

Employment Appeal Tribunal, 2010-05-25