In Marschall v Land Nordrhein-Westfalen the European Court of Justice rules that positive discrimination in favour of women is not contrary to EC law where an equally qualified woman is preferred for a post in a grade where women are underrepresented, so long as male candidates are guaranteed that the priority given to female candidates will be overridden where the selection criteria tilt the balance in the man's favour.
Adoption as a prospective parliamentary candidate is an authorisation which facilitates engagement in a particular profession and thus falls within the scope of s. 13 of the Sex Discrimination Act, according to a Leeds industrial tribunal (Chair: J Prophet) in Dyas-Elliott v The Labour Party and Keighley Constituency Labour Party.
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