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Cover EU Law

25. Equal Treatment and Non-Discrimination  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Chapter

Cover EU Law

25. Equal Treatment and Non-Discrimination  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Chapter

Cover European Union Law

19. Labour and equality law  

Mia Rönnmar

This chapter discusses a number of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; how national collective labour law is affected by the four freedoms; flexible work and working conditions; the EU and national labour law in times of economic crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

Chapter

Cover European Union Law

20. Labour and equality law  

Mia Rönnmar

Labour law regulates the individual employment relationship and employment rights, as well as the labour market more generally, and the relations between the State, employers and employees, and their representatives—the social partners. Equality law is a central part of labour law, but also extends its reach beyond working life. Both the development and content of EU labour and equality law throughout the years—and still today—reflect a tension between the EU and national sovereignty, economic and social rights, and market and human rights discourses. Labour and equality law is regulated by a complex mix of Treaty provisions, fundamental rights, and general principles of EU law, secondary law, collective agreements at EU level, case law from the Court of Justice, and soft law measures. This chapter discusses a selection of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; fundamental Treaty freedoms and national collective labour law; flexible work and working conditions; the EU and national labour law in times of crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

Chapter

Cover Steiner and Woods EU Law

22. Discrimination  

This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).

Chapter

Cover Steiner & Woods EU Law

25. Discrimination  

This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).