The author explains the important contribution given by the Court of Justice, in the Seymour-Smith case, to the specification of the concept of indirect sex discrimination. This decision, in fact, although not unexceptionable, gives, on one side, innovating and useful indications about the methods for the individuation of the disparate impact and, on the other, reinstates effectiveness to the control on the objective justification of the contested measure, demolishing the "myth" of the reasonableness of national rules adopted for social policy reasons. The opinion according to which Seymour-Smith shows the intrinsic weakness of the prohibition of indirect discrimination as instrument to assure sex equality at work, is, therefore, deeply criticised.
Discriminazioni indirette e diritto comunitario: riflessioni dopo Seymour-Smith
IZZI, Daniela
2000-01-01
Abstract
The author explains the important contribution given by the Court of Justice, in the Seymour-Smith case, to the specification of the concept of indirect sex discrimination. This decision, in fact, although not unexceptionable, gives, on one side, innovating and useful indications about the methods for the individuation of the disparate impact and, on the other, reinstates effectiveness to the control on the objective justification of the contested measure, demolishing the "myth" of the reasonableness of national rules adopted for social policy reasons. The opinion according to which Seymour-Smith shows the intrinsic weakness of the prohibition of indirect discrimination as instrument to assure sex equality at work, is, therefore, deeply criticised.
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