ABSTRACT

FREEDOM FROM DISCRIMINATION From the outset, it is important to distinguish between direct discrimination and indirect discrimination. These concepts are both defined in the new Equal Treatment Directive 2006/54. Direct discrimination is where one person is treated less favourably on grounds of sex than another is, has been, or would be treated in a comparable situation. Indirect discrimination is where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, etc is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.