More equal than others: Distinguishing European Union equality directives

Abstract

1.For reasons of space, this article will not include an analysis of Community law on nationality discrimination.2. But note that case law has also extended protection from employment discrimination under the Equal Treatment Directive to cover transsexuals.See Case C-13/94, P. v. S. and Cornwall County Council, [1996] ECR I-2143.3. See Art.141 EC and Directive 75/117/EEC on Equal Pay for Men and Women, O.J. 1975, L 45/19.4. See Directive 76/207/EEC on Equal Treatment for Men and Women as regards access to Employment, Vocational Training and Promotion, and Working Conditions, O.J. 1976, L 39/40 and Directive 86/613/EEC on Equal Treatment between Men and Women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood, O.J. 1986, L 359/56. 5. See Directive 79/7/EEC on Equal Treatment for Men and Women in matters of Social Security, O.J. 1979, L6/24 and Directive 86/378/EEC on Equal Treatment for Men and Women in Occupational Social Security Schemes, O.J. 1986, L 225/40 as amended by Directive 96/97, O.J. 1997, L 46/20.In addition, directives have been adopted to protect women during pregnancy and the early period of motherhood.See Directive 86/813/EEC above and Directive 92/85/EEC on the Safety and Health at Work of Pregnant Workers and Workers who have recently given birth or are breastfeeding, O.J. 1992, L 348/1.6. See note 3 supra.7. Directive 97/80/EC on the Burden of Proof in cases of Discrimination based on Sex, O.J. 1998, L 14/6.

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