ОПРЕДЕЛУВАЧКОТО БАРАЊЕ КАКО ОПРАВДУВАЊЕ ЗА ДИСКРИМИНАЦИЈА НА ОСНОВ НА ПОЛ ВО ОБЛАСТА ВРАБОТУВАЊЕ
GENUINE OCCUPATIONAL REQUIREMENT AS JUSTIFICATION FOR SEX DISCRIMINATION IN EMPLOYMENT

Summary/Abstract: Elimination of discrimination between women and men in the workplace is a desirable measure in order to open up equality of opportunity in employment. Equality between men and women is now indisputably recognised as a basic principle of democracy and respect for human rights. The law and the Court of Justice of European Union permit the justification of direct and indirect discrimination. EU law allows an employer to treat applicants differently if sex is on genuine occupational requirement. The aim of this article is to present an overview of the EU provisions on a ground for justification of sex direct discrimination: genuine occupational requirement. In order to provide an overview of the notion of genuine occupational requirement it is also necessary to examine the interpretation given by the Court of Justice of European Union case-law to the relevant EU provisions.

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