Discrimination against women (900,-666)

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Keywords: Discrimination against women
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• Judgment 4316

  
  130th Session, 2020
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenge the introduction of fixed “bridging days” to balance the number of public holidays at the different places of employment.

  Consideration 15

  Extract:

  Regarding the alleged indirect discrimination against women, who are more likely to work part-time than men, the IAC minority took into consideration the judgment rendered by the European Court of Justice (ECJ) on 6 December 2007 in case C-300/06, to contend that the change introduced by Circular No. 309 had resulted in indirect discrimination. Regardless of other considerations, the case examined by the ECJ is different from the present case. According to ECJ case law, the principle of equal pay also excludes the application of provisions which maintain different treatment between men and women at work as a result of criteria not based on sex where those differences of treatment are not attributable to objective factors wholly unrelated to sex discrimination. In this case, the alleged indirect discrimination against women is not established, as the difference of treatment had been determined by objective factors, involving financial gains and administrative benefits, wholly unrelated to any kind of discrimination.

  Keywords:

  discrimination; discrimination against women; equal pay for equal work; european court of justice (ecj); part-time employment;