header-logo header-logo

24 July 2008
Issue: 7331 / Categories: Case law , Discrimination , Law digest
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll