Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/28/2013

Subject: The Court, having clarified the meaning of “employees that perform the same work or work to which equal value”, affirmed that, in relation to indirect pay discrimination, it is for the employer to establish objective justification for the difference in pay between the workers who consider that they have been discriminated against and the comparators. According to the Court the employer’s justification for the difference in pay, which is evidence of a prima facie case of gender discrimination, must relate to the comparators who, on account of the fact that their situation is described by valid statistics which cover enough individuals, do not illustrate purely fortuitous or short-term phenomena, and which, in general, appear to be significant, have been taken into account by the referring court in establishing that difference.

Parties: Margaret Kenny e a.

Classification: Equality - Art. 23 Equality between men and women

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