ANALYSIS OF INDIRECT AND ASSOCIATIVE DISCRIMINATION IN EMPLOYMENT FROM THE EUROPEAN UNION LAW PERSPECTIVE
ANALYSIS OF INDIRECT AND ASSOCIATIVE DISCRIMINATION IN EMPLOYMENT FROM THE EUROPEAN UNION LAW PERSPECTIVE

Summary/Abstract: The paper deals with the issues of indirect and associative discriminationin the European Union law, with focus on the caselaw of the European Court of Justice, and the importance of thecase law of this court for the sphere of employment. While prohibitionof indirect discrimination was introduced in the EuropeanUnion law a couple of decades ago, associative discriminationat the European Union level is, so far, addressed only by theEuropean Court of Justice. In this regard, the concept of associativediscrimination is still, to some extent, vague and subjectto debate, while the dilemmas and risks in relation to this conceptexponentially grow when reflected upon through lenses ofindirect discrimination. The goal of the paper is to point out theimportance, but also the risks of recognizing indirect associativediscrimination in employment, all in the context of takingone step further in achieving substantive equality in the worldof work.

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