The Concept of Direct Discrimination under Race Equality, Employment Equality and Gender Equality Directives

Diana Gumbrevičiūtė-Kuzminskienė

Abstract


Gender discrimination case law of European Court of Justice established fundamental principles and influenced both the jurisprudence and case law of the examining discrimination cases on gender and other discrimination grounds. In the paper, the concept of direct discrimination formulated in the Race and Occupation equality directives applied under them, later taken by other directives and national law, is analyzed. Lithuania, the same as the other Member States, defined the direct discrimination concept in the way as it was formulated in the directives. The content of the prohibition of discrimination depends on the content of equality. There is a difference between formal and substantive equality—the implementation of formal and substantive equality is reflected in the case law of the ECJ and national courts. Direct discrimination is one of the discrimination forms and it is distinguished as the prime form of discrimination. As was stated in the early case law of the EJC, direct discrimination is not always overt. The covert form of direct discrimination is becoming more common.

Keywords


principle of equality; prohibition of discrimination; the concept of direct discrimination; comparison in direct discrimination cases; hypotetical comparison; less favorable treatment; direct discrimination justification

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236