1. 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

2. 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

3. 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
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

4. 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
3. Council Recommendations
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

5. 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

6. 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

7. 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

8. 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

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

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