Index card R (Equal Opportunities Commission) v Secretary of State for Trade and Industry

R (Equal Opportunities Commission) v Secretary of State for Trade and Industry

Hearings

England & Wales

12 Mar 2007 [2007] EWHC 483 (Admin); [2007] ICR 1234, QBD

Subject Matter

DISCRIMINATION — Sex — Harassment — National legislation precluding unwanted conduct “on the ground of” sex — Community law precluding conduct “related to” sex — Whether causative requirement in national legislation non-compliant — Whether objective test appropriate — Requirement for comparator in discrimination claims on grounds of pregnancy and maternity leave — Whether impermissible — Restrictions on right to claim discrimination during maternity leave — Whether regressive — Sex Discrimination Act 1975, ss 3A, 4A, 6A (as inserted by Employment Equality (Sex Discrimination) Regulations 2005, regs 4, 5, 8) — Council Directive 76/207/EEC, arts 2(2), 8e(2) (as substituted by Parliament and Council Directive 2002/73/EC, art 1)

[2007] ICR 1234

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