ABSTRACT
Treaty on the Functioning of the European Union (TFEU) established the fundamental principle of equality of treatment for men and women. However, it is not limited to that situation and can be used by individuals to challenge discriminatory national legislation. Discrimination, whether in terms of pay under Article 157, or more generally under one of the various Directives, can be 'direct' or 'indirect'. Directives 2000/43 and 2000/78 provide similar definitions in the context of the other forms of discrimination. Article 2(1)(b) of Directive 2006/54 defines 'indirect discrimination' in the context of sex discrimination. 'Harassment' as a form of discrimination prohibited by European Union law was first introduced by Directives 2000/43 and 2000/78, and was only later applied to sex discrimination. At its most basic level, Article 157 TFEU requires employers to pay their male and female workers the same pay if they are doing 'equal work'.
