Compensation limits contravened Equal Treatment Directive
Article Abstract:
The European Court of Justice ruled in Draehmpaehl v. Urania Immobilienservice ohG that German remedies for sex discrimination contravened the European Union Equal Treatment Directive by limiting these to 3 months salary and by setting a ceiling to aggregate compensation, where domestic civil and labor law did not otherwise contain such limits. The legislation also breached the Directive by making the remedy subject to fault on the part of the employer. The suit concerned an application by a man for a position advertised as being for an "experienced female assistant in the sales management department."
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
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Positive discrimination may be permissible under EC law
Article Abstract:
The European Court of Justice ruled in Marschall v. Land Nordrhein-Westfalen that national laws under which equally qualified women are promoted before men in certain sectors in which they are underrepresented are, in certain circumstances, permitted under the European Community's Equal Treatment Directive.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
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