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European Equality Law Network

European network of legal experts in gender equality and non-discrimination

Workshop – Indirect sex discrimination in employment by Jule Mulder

Workshop – Indirect sex discrimination in employment

The basis for this workshop is the thematic report written for the network by Jule Mulder. In the report and her presentation Jule looks at indirect discrimination through two lenses: 1) how the concept of indirect sex discrimination and its requirements are conceived by the CJEU, and 2) the way it is applied by the Member States. Regarding the latter, the report and presentation highlight interesting approaches and specific difficulties to illustrate the concept’s practical application and the challenges with its application. Jule notes that national courts and the CJEU should explore the more progressive potential of indirect sex discrimination law, and clarify the specific scope of indirect sex discrimination law and the potential disadvantages that can be recognised and remedied under it. The current definition of indirect sex discrimination can be used more effectively to consider systemic disadvantages beyond the narrow scope that often hinders the recognition of disadvantages within the segregated labour market and the new economies. Last but not least, enhancement of qualitative/ quantitative reasoning will assist in establishing the prima facie cases of indirect sex discrimination.

Powerpoint Jule Mulder Workshop Indirect sex discrimination in employment (PDF)

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