Equal Treatment Directive outlaws positive discrimination

Article Abstract:

The European Court of Justice (ECJ), in the 1995 Kalanke case, ruled the Equal Treatment Directive precluded preferential treatment of women who applied for promotional posts in which they were underrepresented. Although UK laws generally prohibited positive discrimination, special treatment had been permitted to correct past discrimination in certain professions, but these laws were inapplicable to recruitment or promotional situations. The ECJ held the Directive precluded national rules guaranteeing women automatic selection in such situations.

Cases, European Community

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EOC proposes fundamental restructuring of sex discrimination laws

Article Abstract:

The British Equal Opportunities Commission invites comments on its consultation document with proposals for amendments to the Sex Discrimination Act 1975 and the Equal Pay Act 1970. The commission seeks to replace the limited prohibitions of discrimination in these two acts with a single law based on the fundamental right to equal treatment between men and women (including the right to equal pay). The new statute would stress collective rather than individual remedies and provide simplified and enhanced maternity rights and benefits.

United Kingdom

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