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- Title
CLOSING THE GENDER PAY GAP IN THE EUROPEAN UNION: THE EQUAL PAY GUARANTEE ACROSS THE MEMBER-STATES.
- Authors
TUDOR, JARROD
- Abstract
The decision by the people of the United Kingdom ("U.K.") to leave the European Union ("Brexit") has created a renewed interest by global employers in the twenty-eight-member common market. The European Union has been constitutionally committed to the concept of equal pay based on gender since its inception in 1957, where the guarantee was first enshrined in the Treaty of Rome (1957). However, Article 157 (ex 141, 119) of the Treaty on the Functioning of the European Union ("TFEU") is brief on the specifics as to what constitutes pay for the purposes of equal treatment. The European Court of Justice and other national courts have been called upon to address various issues including retirement contributions, part-time workers, life partnerships, gender reassignment, retirement ages, in-kind benefits, sick leave benefits, maternity leave, military leave, indirect discrimination, longevity pay, professional qualifications, and general criteria for compensation. Despite the European Court of Justice's broad definition of what constitutes pay for the purposes of gender equality, employers and member-state governments do enjoy some exceptions and discretion regarding the application of the equal pay guarantee.
- Subjects
UNITED Kingdom; EUROPEAN Union; GENDER wage gap; TREATY Establishing the European Economic Community (1957); COURT of Justice of the European Union; RETIREMENT age; GENDER inequality -- Social aspects
- Publication
North Dakota Law Review, 2017, Vol 92, Issue 2, p415
- ISSN
0029-2745
- Publication type
Article