EC Law on Equal Treatment between Women and Men Academy of European Law in Trier EC Law on Equal Treatment between Women and Men Key legal concepts (direct/indirect discrimination, sexual harassment): definitions and limitations Prof. Dr. Ursula Rust 21 September 2009

Outline of main points as regards gender equality in academia Material scope Levels of regulation and their effect Direct discrimination, including possible exceptions Indirect discrimination Sexual harassment Harassment Limitations Prof. Dr. Ursula Rust

Access to and supply of goods and services Part-time work Directive 97/81/EC in combination with Directive 98/81/EC Parental leave Directive 96/34/EC in combination with Directive 97/75/EC Fixed-term work Directive 1999/70/EC Access to and supply of goods and services 2004/113/EC Employment conditions Directive 2006/54/EC Equal pay (Art. 141 (ex Art. 119) TEC) - Art. 8 EEC Tr.: 31 Dec. 1961 - Statutory schemes of social security Directive 79/7/EEC Protection of working mothers Directive 92/85/EEC Self-employment Directive 86/613/EEC Balanced participation in decision–making processes Recommendation 96/694/EC Positive action Recommendation 84/635/EEC Child care Recommendation 92/241/EEC Prof. Dr. Ursula Rust

1. Equal pay Art. 141 (1) and (2) TEC / previously Art. 119 EEC Treaty Direct discrimination since1976 with Defrenne II Indirect discrimination since 1986 with Bilka 2. Directives on equal treatment of men and women 1975-2006 1986-1996-2006 1976-2002-2006 1997-1998-2006 1979 1986 2004 3. Council Recommendations 1984 1992 1996 4. Commission Recommendation 1991 5. Benchmarking policy measures for gender equality in science 5. Persuasion through information on successful examples and comparison of data Prof. Dr. Ursula Rust

Direct Discrimination Art. 2 (1) (a) of Directive 2006/54/EC: One person - is treated, - has been treated, or - would be treated less favourably on grounds of sex than another person is, has been or would be treated in a comparable situation. Closed system of possible exceptions Prof. Dr. Ursula Rust

Indirect Discrimination An ECJ definition has existed since the Bilka case Antecedents of the Burden-of-Proof Directive Art. 2 (1) (b) of Directive 2006/54/EC Catalogue of characteristics giving rise to suspicion of discrimination Prof. Dr. Ursula Rust

Sexual Harassment Antecedent: the Commission Recommendation with its code of practice Art. 2 (1) (d) of Directive 2006/54/EC Legal definitions in Member States Prevention in accordance with Art. 26 of Directive 2006/54/EC Infringements and prevention Prof. Dr. Ursula Rust

Harassment Art. 2 (1) (c) of Directive 2006/54/EC Legal definitions in Member States Prevention in accordance with Art. 26 of Directive 2006/54/EC Infringements and prevention Prof. Dr. Ursula Rust

Limitations Current infringement cases Amendments proposed by the Commission, especially as regards work/life balance Prof. Dr. Ursula Rust

Conclusion and Prospects Implementation of legal principles through individual complaints Social partners Non-governmental organisations Independent bodies Prof. Dr. Ursula Rust