Chapter 14 Self-test questions

Sex discrimination provisions were originally included for which of the following main reasons?

The early provision of social equality laws.

As the first of the fundamental rights to be given a place in the Community (now EU) legal order.

To ensure that economic conditions in the workplace were broadly equivalent in all member States.

To encourage more women to enter the workforce.

The original Treaty base was not considered extensive enough and has now been expanded by amendment.

True

False

The concept of 'equal pay' concerns which of the following?

Only matters concerned directly with pay.

Pay and overtime payments only.

Pay and direct benefits only.

Anything arising out of the contract with the employer.

The ruling in Barber was held to be so significant that it was to apply prospectively only and not to any backdated claims.

True

False

Indirect discrimination can be objectively justified on which of the following grounds?

Economic necessity on the part of the employer.

Overriding national legislation.

As corresponding to a genuine need of the enterprise, suitable for attaining the objective pursued by the enterprise, and proportionate.

As part of an industrial agreement.

In actions to prove discrimination on the grounds of sex, it is for the applicant to prove discrimination.

True

False

It is possible, under the Equal Treatment Directive, to exempt certain occupations from the application of the equal treatment principle.

True

False

Pregnancy is an absolute protection against dismissal from work or the failure to be taken on under EU law.

True

False

Once the special period of protection of pregnancy and maternity leave has expired, a woman can be dismissed for taking excessive illness time from work under normal circumstances.

True

False

Positive discrimination in EU law permits which of the following?

Women to be appointed in preference to men in all circumstances.

Priority for women only if the candidates are objectively assessed to determine whether there are any factors tilting the balance in favour of a male candidate and that such criteria employed do not discriminate against women.

Women to be appointed with equal qualifications.

Women to be appointed in the event of any doubt whatsoever.

EU sex discrimination law requires national procedural law, which would otherwise remain within the jurisdiction of the member States, to be amended to give full effect to EU law rights, including that of adequate compensation above national limits.

True

False

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