Gender equality in employment and occupation. European Implementation Assessment. ANNEX I, Legal aspects and direct and indirect discrimination

Abstract

This research paper on the implementation of Directive 2006/54/EC provides an independent legal analysis of the main provisions of this Directive, taking into account relevant case law of the Court of Justice of the EU. The aim of this paper is also to identify gaps in its implementation at the level of the Member States. To this end an in-depth study with a focus on the interpretation and application of the concepts of direct and indirect discrimination has been carried out in six Member States: France, Latvia, Slovakia, Spain, the Netherlands and Sweden. The following aspects of the Directive are addressed in the legal analysis: the background and structure of the Directive; its transposition and implementation; novelties; the purpose and scope; its concepts (in particular direct and indirect discrimination); equal pay; occupational social security; equal treatment; enforcement; and the promotion of equal treatment and social dialogue. This paper identifies legal problems and gaps. It provides specific recommendations on all these aspects and also offers suggestions in the event that the Directive were to be subjected to a recasting process and/or were to be amended.