01 Jul Kalanke’s Legacy: What is the future of EU law on gender equality in the workplace?

Aoife Doheny

School of Law, Trinity College Dublin, Ireland

Email: dohenyao@tcd.ie

Abstract

Kalanke v Freie Hansestadt Bremen was a turning point in European Union law on gender equality in the workplace. The CJEU’s judgment set a precedent for requiring strict interpretation of Member States’ positive discrimination laws, ultimately creating a culture of judicial reticence around affirmative action measures. This article will argue that the EU’s policy on gender equality should therefore redirect itself towards initiatives such as the Directive on Work-Life Balance, which introducesstronger paternity and carers’ leave rights. The development of such approaches would be more effective for tackling indirect discrimination and would create a more holistic framework for achieving gender equality in the future.

READ THE FULL PAPER HERE (Page 96-103)

Keywords: European Union, gender equality, Kalanke