Rent 9780199266838 | Eu Anti-discrimination Law

Summary Table of Contents Author Biography

This book provides a critical analysis of the current body of EU law prohibiting discrimination on the grounds of sex, part-time and temporary working, racial and ethnic origin, religion and belief, disability, age and sexual orientation. Ellis begins by examining the objectives underpinning the notions of non-discrimination and equality and by setting out the essential characteristics of EU law. The book then moves on to examine key concepts including direct and indirect discrimination, harassment, positive action and mainstreaming.

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Table of Cases

Table of Legislation

Table of Treaties and Conventions

lxv

Abbreviations

lxvii

1. Introduction

The importance of ... MORE

(1)

Non-discrimination and equality

(5)

The dynamism inherent in EU law

(4)

Sources of EU anti-discrimination law

(9)

(i) The EC Treaty (TEC)

(5)

(ii) Secondary legislation

(1)

(iii) Decisions of the ECJ and CFI

(1)

(iv) Instruments for the protection of fundamental human rights

(1)

(v) Other indirect sources

(1)

The grounds on which EU law forbids discrimination

(17)

(i) Nationality

(1)

(ii) Sex

(8)

(iii) Part-time and temporary employment

(1)

(iv) Racial or ethnic origin

(4)

(v) Religion or belief

(2)

(vi) Disability

(1)

(vii) Age

(1)

(viii) Sexual orientation

(1)

2. Essential characteristics of EU law

The nature and effects of EU law

(2)

The supremacy of EU law

(6)

Direct enforcement of EU law by individuals

(40)

(i) Origins of the principle

(2)

(ii) Direct enforcement of secondary EU legislation

(6)

(iii) Directives and horizontal effect

(7)

(iv) Meaning of the 'State'

(4)

(v) Mitigating the lack of horizontal enforceability of directives

(12)

(vi) The need to implement directives

(1)

(vii) The principle of procedural autonomy

(5)

(viii) Balancing the claims of national law and EU law

(3)

The constitutional scope of EU law

(3)

3. Key concepts in EU anti-discrimination law

Direct discrimination

(3)

Indirect discrimination

(7)

Burden of proof

(5)

Causation

103

(5)

Defences to a discrimination claim

108

(3)

Can direct discrimination be justified as a matter of EU law?

111

(2)

Harassment and instructions to discriminate

113

(1)

Positive action

114

(1)

Mainstreaming

115

(4)

4. Equal pay

Scope of the obligation

119

(2)

The meaning of 'pay' for the purposes of Article 141

121

(37)

(i) Are pensions 'pay' within Article 141?

125

(8)

(ii) The principle of equality as applied to pensions

133

(10)

(iii) The Occupational Social Security Directive

143

(8)

(iv) Other statutorily regulated payments made by employers to their employees

151

(5)

(v) Are all employment benefits 'pay'?

156

(2)

The meaning of 'equal work'

158

(10)

(i) Equal pay for 'equal work'

158

(8)

(ii) Work of equal value

166

(2)

Defences to an equal pay claim

168

(10)

The direct effect of the equal pay principle and the remedies for its breach

178

(9)

The Equal Pay Directive

187

(23)

(i) The background to the Equal Pay Directive

187

(2)

(ii) The relationship between the Directive and Article 141

189

(1)

(iii) Content of the Equal Pay Directive

190

(20)

5. The scope and enforcement of the anti-discrimination provisions

Scope of the Equal Treatment Directive, Race Directive, and Framework Directive

210

(6)

Workplace provisions of the Equal Treatment Directive, Race Directive, and Framework Directive

216

(25)

(i) Pregnancy discrimination

228

(8)

(ii) Harassment and sexual harassment

236

(5)

The directives supplementing the principle of non-discrimination on the ground of sex

241

(12)

(i) The Pregnancy Directive

241

(5)

(ii) The Directive on Parental Leave

246

(2)

(iii) The Directive on Part-time Work

248

(1)

(iv) The Directive on Fixed-term Employees

249

(2)

(v) The Directive on Equal Treatment of the Self-employed

251

(2)

The non-workplace provisions of the Race Directive

253

(4)

Remedies and enforcement

257

(14)

6. Exceptions to the non-discrimination principle

Introduction

271

(1)

The exceptions

272

(25)

(i) Genuine and determining occupational requirement

272

(11)

(ii) The special occupational exception for religious bodies

283

(2)

(iii) Provisions protecting women

285

(4)

(iv) Differences of treatment based on nationality

289

(2)

(v) Measures necessary for public security, public order, the prevention of criminal offences, the protection of health, and the protection of the rights and freedoms of others

291

(1)

(vi) Payments made by State schemes

291

(1)

(vii) The armed forces

292

(1)

(viii) Reasonable accommodation for the disabled

292

(3)

(ix) Justification on grounds of age

295

(1)

(x) The exceptions for Northern Ireland

296

(1)

Positive action

297

(18)

7. General principles and equal treatment

General principles as part of EU law

315

(16)

(i) The European Convention on Human Rights

319

(4)

(ii) The European Social Charter

323

(4)

(iii) The Community Social Charter

327

(1)

(iv) The Charter of Fundamental Rights

328

(3)

The role played by general principles of EU law

331

(4)

The general principle of non-discrimination on the ground of sex

335

(10)

8. Equality in social security

The scope of the non-discrimination principle in the field of social security

345

(1)

The objectives of the Social Security Directive

346

(4)

Substantive rights conferred by the Social Security Directive

350

(28)

Exceptions to the Social Security Directive

378

(13)

Index

391

Evelyn Ellis is Professor of Public Law at the University of Birmingham and a Barrister of the Middle Temple.

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