Intersectional Discrimination under EU Directive 2023/970 and Beyond: Challenges and New Perspectives for European Equality Law

This article examines a pivotal development in EU equality law: the first explicit prohibition of intersectional discrimination introduced by Directive (EU) 2023/970 on strengthening the principle of equal pay between women and men. After clarifying the relevant terminology used in the context of multiple-ground discrimination, it analyses certain ambiguities surrounding the definition of intersectional discrimination and considers how they may be addressed. In light of the Directive’s rather vague provisions referring to intersectional discrimination, the article then seeks, on a preliminary basis, to outline the contours of a regulatory model that could be applied in such situations, without purporting to provide exhaustive answers to the many open questions that remain. It concludes by explaining why the prohibition of intersectional discrimination introduced in the specific context of gender pay equality should influence the case law of the Court of Justice of the European Union well beyond that field. It therefore advocates a purposive and expansive interpretation of the new prohibition, capable of ensuring effective legal protection for workers at the intersection of multiple axes of disadvantage.