Zakaz dyskryminacji ze względu na płeć na rynku pracy-orzecznictwo Trybunału Sprawiedliwości WE

Abstract

The article aims at presenting the case-law of the European Court of Justice concerning discrimination on the basis of sex. It describes the very concept of discrimination with particular attention paid to its most common forms (the Court underlines that rules regarding equality of treatment not only forbid overt discrimination but all covert forms thereof, as well). Then, the principle of equal pay is presented as is case-law regarding Article 141 of the EC Treaty. It should be noticed that the Court applies broad definition of pay. Furthermore, the question of equal treatment of men and women as regards access to employment, vocational training and promotion, and working conditions is addressed, accompanied by pivotal judgments of the ECJ concerning Directive 76/207/EEC. However, protection of pregnant, post-delivery and breastfeeding women is described separately, as the Court pays special attention to their position at work. The principle of equal treatment of men and women as regards social security is also taken into account. Finally, the case-law of the ECJ on transsexuals and homosexuals is presented.
In general one should observe that the case-law of the ECJ has played an important role in development of the Community standards concerning non-discrimination on the basis of sex. Thanks to it, equal treatment of men and women in many aspects, such as pay, access to employment or working conditions – has truly become reality.