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EEC law on indirectly discriminatory pay criteria

This report relates to 1 case(s)

In Handels- og Kontorfunktionaerernes Forbund i Danmark v Dansk Arbejdsgiverforening (acting for Danfoss) (17 October 1989) EOR29A, the European Court of Justice holds that where criteria for individual pay increments for men and women employed on equal work disadvantage women on average, the burden is on the employer to show that the criteria are objectively justified and not discriminatory. The ECJ also holds that an employer cannot justify a difference in pay based on quality of work, where use of that criterion results in lower average pay for women than men. As a result of this decision, all trade unions should examine the effect of pay criteria upon their members and all employers need to determine whether any criteria used indirectly discriminate against women.