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24 July 2008
Issue: 7331 / Categories: Case law , Discrimination , Law digest
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DISCRIMINATION

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
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MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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