Chapters

• The Burden of Proof in Sex Discrimination Cases
• This presentation
• Introduction: the Burden of Proof
• Why should the burden of proof shift?
• The importance for EU anti-discrimination law
• Origins of a shifting burden of proof (1/2)
• Origins of a shifting burden of proof (2/2)
• Before the shifting Burden of Proof: the use of inferences in the UK
• UK example contd
• EU Directives
• Burden of Proof Directive
• Recitals to the Burden of Proof Directive 97/80 (1/2)
• Recitals to the Burden of Proof Directive 97/80 (2/2)
• COUNCIL DIRECTIVE 97/80
• And currently
• Recital to the Equal Treatment Directive 2006/54
• The Two Stages of the Shifting Burden of Proof: Stage 1
• Presumed?
• The Two Stages of the Shifting Burden of Proof: Stage 2
• The role of the Court
• The role of the Court in practice
• Stage 1: evidence
• Firma Feryn NV (1/2)
• Firma Feryn NV (2/2)
• Stage 1: evidence
• ACCEPT
• Stage 2: evidence
• ACCEPT
• What is not an answer
• Procedure (1/3)
• Procedure (2/3)
• Procedure (3/3)
• Application in Practice: Direct Discrimination - The First Stage
• Stage 1: First find the primary facts (1/2)
• Stage 1: First find the primary facts (2/2)
• Stage 1: Now draw any appropriate inferences
• What is needed to reverse the burden?
• Second Stage: the employer’s explanation
• The Shifting Burden of Proof in Cases of Indirect Discrimination
• Stage 1 in an Indirect Discrimination case
• Stage 1: Indirect Discrimination (1/2)
• Stage 1: Indirect Discrimination (2/2)
• ‘particular disadvantage’
• Second Stage: Indirect Discrimination
• Indirect Discrimination – Justification