ABSTRACT
J Analyse critically the law relating to discrimination on grounds of age, disability, race, religion or belief, sexual orientation and sex
J Apply the law to factual situations involving discrimination on grounds of age, disability, race, religion or belief, sexual orientation or sex
18.1 Introduction Article 157 TFEU established the fundamental principle of equality of treatment for men and women. It applies most obviously in employment cases, that is, in disputes between employers and employees. However, it is not limited to that situation and can be used, for example, by individuals to challenge (allegedly) discriminatory national legislation. Following the signing of the Treaty of Amsterdam in 1997, the equal treatment principle has expanded into different areas, and now includes equal treatment regardless of age, disability, race, religion or belief and sexual orientation. The key legislative provisions are:
J equal treatment on grounds of sex in terms of pay: Article 157; J equal treatment on grounds of sex in other conditions of employment: Directive
2006/54;
J equal treatment on grounds of sex in matters of social security: Directive 79/7; J equal treatment on grounds of sex for self-employed persons: Directive 86/613;
D IS
C R
IM IN
A TI
O N
L A
W A
N D
A R
TI C
LE 1
57 J equal treatment on grounds of race or ethnic origin in employment and certain other
areas: Directive 2000/43;
J equal treatment on grounds of age, disability, religion or belief and sexual orientation in employment: Directive 2000/78;
J equal treatment on grounds of sex in access to and supply of goods and services: Directive 2004/113.
