EU anti-discrimination law / Evelyn Ellis.

Enhanced descriptions from Syndetics:

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.

Table of contents provided by Syndetics

• Table of Cases (p. xv)
• Table of Legislation (p. xii)
• Table of Treaties and Conventions (p. xiv)
• List of Abbreviations (p. xlix)
• 1 Introduction (p. 1)
• The importance of anti-discrimination law (p. 1)
• Non-discrimination and equality (p. 2)
• The dynamism inherent in EU law (p. 8)
• Sources of EU anti- discrimination law (p. 12)
• i The TFEU (p. 13)
• ii Secondary legislation (p. 19)
• iii Decisions of the CJEU and the General Court (p. 21)
• iv Instruments for the protection of fundamental human rights (p. 21)
• v Other indirect sources (p. 22)
• The grounds on which EU law forbids discrimination (p. 22)
• i Nationality (p. 22)
• ii Sex (p. 23)
• iii Part-time and temporary employment (p. 31)
• iv Racial or ethnic origin (p. 31)
• v Religion or belief (p. 35)
• vi Disability (p. 39)
• vii Age (p. 41)
• viii Sexual orientation (p. 42)
• 2 Essential characteristics of EU law (p. 43)
• The nature and effects of EU Law (p. 43)
• The supremacy of EU law (p. 45)
• Direct enforcement of EU law by individuals (p. 52)
• i Origins of the principle (p. 52)
• ii Direct enforcement of secondary EU legislation (p. 54)
• iii Directives and horizontal effect (p. 61)
• iv Meaning of the 'State' (p. 69)
• v Mitigating the lack of horizontal enforceability of directives (p. 73)
• vi The need to implement directives (p. 87)
• vii The principle of procedural autonomy (p. 89)
• viii Balancing the claims of national law and EU law (p. 94)
• The constitutional scope of EU law (p. 98)
• 3 General principles and equal treatment (p. 99)
• General principles as part of EU law (p. 99)
• Sources of general principles (p. 101)
• The European Convention on Human Rights (p. 104)
• i The rights and freedoms expressed in the Convention (p. 105)
• ii Article 14 (p. 105)
• iii Protocol 12 (p. 110)
• The European Social Charter (p. 112)
• The Community Social Charter (p. 116)
• The Charter of Fundamental Rights (p. 117)
• The substantive content of the general principles relevant to this work (p. 123)
• i A general principle of non-discrimination on the ground of age? (p. 123)
• ii Equal treatment (p. 130)
• iii Proportionality (p. 130)
• iv The general principle of non-discrimination on the ground of sex (p. 131)
• 4 Key concepts in EU anti-discrimination law (p. 142)
• Direct discrimination (p. 143)
• Indirect discrimination (p. 148)
• Multi-dimensional discrimination (p. 156)
• Burden of proof (p. 157)
• Causation (p. 163)
• Defences to a discrimination claim (p. 169)
• Can direct discrimination be justified as a matter of EU law? (p. 171)
• Harassment and instructions to discriminate (p. 174)
• Positive action (p. 176)
• Mainstreaming (p. 177)
• 5 Equal pay (p. 180)
• Scope of the obligation (p. 180)
• The meaning of 'pay' for the purposes of Article 157 (p. 182)
• i Are pensions 'pay' within Article 157? (p. 186)
• ii The principle of equality as applied to pensions (p. 195)
• iii Occupational social security schemes (p. 209)
• iv Other statutorily regulated payments made by employers to their employees (p. 216)
• v Are all employment benefits 'pay'? (p. 221)
• The meaning of 'equal work' (p. 223)
• i Equal pay for 'equal work' (p. 223)
• ii Work of equal value (p. 231)
• Defences to an equal pay claim (p. 234)
• The direct effect of the equal pay principle and the remedies for its breach (p. 246)
• The equal pay provisions of the Recast Directive (p. 255)
• i The background (p. 255)
• ii The relationship between the directive and Article 157 (p. 256)
• iii The content of the Directive's provisions on equal pay (p. 258)
• 6 The scope and enforcement of the workplace anti-discrimination provisions (p. 273)
• Scope of the legislation (p. 273)
• Scope of the Recast Directive, Race Directive, and Framework Directive (p. 274)
• The substantive provisions of the Recast Directive, Race Directive, and Framework Directive (p. 280)
• i Pay (p. 282)
• ii Access to employment (p. 287)
• iii Working conditions (p. 288)
• iv Dismissal (p. 288)
• v Harassment and sexual harassment (p. 296)
• Remedies and enforcement (p. 301)
• The directives supplementing the principle of non- discrimination on the ground of sex (p. 315)
• i The Directive on Part-time Work (p. 315)
• ii The Directive on Fixed-term Employees (p. 318)
• iii The Directive on Temporary Agency Work (p. 323)
• iv The Directive on Equal Treatment of the Self-employed (p. 325)
• 7 Discrimination on the grounds of pregnancy and maternity (p. 328)
• Pregnancy (p. 328)
• The role of the comparator (p. 333)
• Health and safety (p. 338)
• Employment rights during pregnancy and maternity leave (p. 340)
• Protection against dismissal (p. 346)
• Parental leave (p. 350)
• Proposed amendments to the Pregnancy Directive (p. 358)
• 8 Non-workplace discrimination (p. 361)
• The Race Directive (p. 362)
• The Goods and Services Directive (p. 366)
• The 2008 proposal (p. 372)
• 9 Exceptions to the non- discrimination principle (p. 380)
• Introduction (p. 380)
• The exceptions (p. 381)
• i Genuine and determining occupational requirement (p. 381)
• ii The special occupational exception for religious bodies (p. 394)
• iii Provisions protecting women (p. 396)
• iv Differences of treatment based on nationality (p. 400)
• v Measures necessary for public security, public order, the prevention of criminal offences, the protection of health, and the protection of the rights and freedoms of others (p. 402)
• vi Payments made by state schemes (p. 404)
• vii The armed forces (p. 405)
• viii Reasonable accommodation for the disabled (p. 405)
• ix Justification on grounds of age (p. 408)
• x The exceptions for Northern Ireland (p. 418)
• xi Additional exceptions contained in the Goods and Services Directive (p. 419)
• Positive action (p. 420)
• 10 Equality in social security (p. 438)
• The objectives of the Social Security Directive (p. 439)
• Scope of application: the persons covered (p. 443)
• Scope of application: benefits (p. 450)
• The principle of equal treatment (p. 458)
• Objective justification (p. 463)
• Direct effect (p. 470)
• Implementation (p. 476)
• Exceptions to the Social Security Directive (p. 481)
• 11 Conclusions (p. 495)
• The utility of the present law (p. 495)
• i The achievements of the CJEU (p. 495)
• ii The positive significance of individual litigation (p. 502)
• iii The limitations inherent in individual litigation as a proactive strategy (p. 502)
• What more should be done to protect against discrimination and to further equality of opportunity? (p. 503)
• i Mainstreaming (p. 506)
• ii Individual enforcement (p. 506)
• iii Enforcement at a strategic level (p. 507)
• Index (p. 509)

Author notes provided by Syndetics