Equality, diversity and human rights
The European Court of Justice has ruled in Dekker v Stichting Vormingscentrum voor Jong Volwassenen (VJV-Centrum) Plus that it is a breach of the EEC "Equal Treatment" Directive for an employer to refuse to recruit a woman because she is pregnant, even if hiring her would have serious financial consequences for the employer.
In James v Eastleigh Borough Council (14 June 1990) EOR33B, the House of Lords holds that the test for determining whether there has been direct discrimination is "would the complainant have received the same treatment from the defendant but for his or her sex?". It is not necessary for complainants to prove in addition that the subjective reason they were treated less favourably was because of their gender.
In a sex discrimination case the crucial question is whether the complainant would have received the same treatment but for his or her sex.
The European Court of Justice holds that occupational pensions payable under a contracted-out scheme constitute "pay" under Article 119 of the Treaty of Rome, and so must be offered to men and women on equal terms.
In Hampson v Department of Education and Science, the Court of Appeal rules that the exemption in s.41 of the Race Relations Act 1976 for acts done in pursuance of statutory authority does not extend to all acts done under a statute or statutory instrument.
A woman can claim equal pay with a man working in a different establishment even if her own terms and conditions of employment are not "broadly similar" to his, provided that common terms and conditions are observed at their establishments, either generally or for employees of their respective classes.
Two recent appellate decisions have confirmed that evidence of the employers' past discriminatory actions or attitudes may be relevant in determining whether they have discriminated in the case under consideration.
In Hayward v Cammell Laird Shipbuilders Limited, the House of Lords rules that a successful equal pay claimant is entitled to have each distinct term in her contract of employment modified so that it is no less favourable than the corresponding term In her comparator's contract.
In RummIer v Dato-Druck GmbH, the European Court of Justice rules that a job evaluation scheme which falls to take into account criteria for which workers of each sex may show particular aptitude may be in breach of EEC sex discrimination law.
In Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 ECJ, the European Court of Justice held that the exclusion of part-time workers from occupational pension schemes contravenes Article 119 of the Treaty of Rome if this exclusion affects significantly more women than men, unless the employer can show that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.