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DISCRIMINATION

24 July 2008
Issue: 7331 / Categories: Case law , Discrimination , Law digest
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Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07) [2008] All ER (D) 139 (Jul)

The fact that an employer states publicly that it will not recruit employees of a certain ethnic or racial origin constitutes direct discrimination in respect of recruitment within the meaning of Art 2(2)(a) of Council Directive 2000/43/EC and is sufficient for a presumption of the existence of a recruitment policy which is directly discriminatory within the meaning of Art 8(1) of the Directive. This is so even if no particular complainant could be identified.

It is for the employer to prove that there was no breach of the principle of equal treatment. The employer can do so by showing that the undertaking’s actual recruitment practice does not correspond to those statements; it is then for the national court to verify that the facts alleged are established and to assess the sufficiency of the evidence submitted in support of the employer’s contentions that it has not breached the principle of equal treatment. Under Art 15 of the Directive, effective sanctions are required even where there is no identifiable victim.

Issue: 7331 / Categories: Case law , Discrimination , Law digest
printer mail-details

MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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