EU Activity

Break into four Law Firms. Two will represent Amy and two Ben.

Below, in source A, are set out extracts from Articles 1 and 2 of the Equal Treatment Directive 76/207. Read these and then apply them, giving reasons for your decision, to the facts set out in Source B.   

Source A.

Council Directive 76/207.

Article 1.

  1. The purpose of this Directive is to put into effect in the Member States the principal of equal treatment as regards access to employment, including promotion, and to vocational training and as regards working conditionsÖ.. This principle is hereinafter referred to as the ëprinciple of equal treatmentí

Article 2.

  1. For the purposes of the following provisions, the principal of equal treatment shall mean that there shall be no discrimination whatsoever on the grounds of sex either directly or indirectly by reference in particular to marital or family status.

  2. This directive shall be without prejudice to the right of Member States to exclude from its field of application those occupational activities and, where appropriate, the training leading thereto, for which, by reason of their nature or the context in which they are carried out, the sex of the worker constitutes a determining factor.

  3. This Directive shall be without prejudice to provisions concerning the protection of women, particularly as regards pregnancy and maternity.

  4. This Directive shall be without prejudice to measures to promote equal opportunity for men and women, in particular by removing existing inequalities which affect womenís opportunities in the areas referred to in Article 1(1).

 

Source B

Case Facts: Amy Austin and Ben Bowen are employed by Green Gardens Ltd. There is a vacancy for a promotion to Section Manager, and both have applied for the post. Green Gardens have interviewed Amy and Ben and decided that both are equally qualified for this position. In this situation, if there are fewer women employed at the relevant level, Green Gardens have a policy of appointing the female applicant.

Ben complains that this is discriminatory and contrary to the Equal Treatment Directive.