ABSTRACT
At the outset, it is important to distinguish between direct discrimination and indirect discrimination. Direct discrimination is where similar situations are treated differently or different situations are treated alike; this is always illegal, unless permitted by one of the derogations from the equal treatment principle. The following definition of indirect discrimination has been has been provided by legislation; it covers the situation ‘where an apparently neutral provision, criterion or practice disadvantages a substantially higher proportion of the members of one sex, unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex’ (Art 2(2) of Directive 97/80 (OJ L14/6, 1998)). The major difference between direct and indirect discrimination is that the latter can be justified, whereas the former is only allowed if it comes within one of the permitted derogations.
