Carers, Gender, and Employment Discrimination – What Does EU Law Offer Europe’s Carers?

BEFORE AND AFTER THE ECONOMIC CRISIS: WHAT IMPLICATIONS FOR THE ‘EUROPEAN SOCIAL MODEL,’ Marie-Ange Moreau, ed., Edward Elgar Publishing, Forthcoming

Maastricht Faculty of Law Working Paper No. 2010-3

35 Pages Posted: 21 Aug 2010

See all articles by Lisa Waddington

Lisa Waddington

Maastricht University; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: August 20, 2010

Abstract

The article explores the extent to which EU non-discrimination law prohibits employment related discrimination that is directly or indirectly based on a worker’s status as a carer. Carer status is not a prohibited ground of discrimination under EU law. However, a range of directives do prohibit (employment related) discrimination on grounds such as sex, disability and age, and part-time worker status. Since caring is mainly carried out by women (mothers; daughters; other female relatives and friends), it is important to consider the extent to which discrimination on the ground of caring status can be regarded as a form indirect sex discrimination. In addition, since carers often work part-time, the protection offered to part-time workers is also worth considering. Lastly, since care is often provided to individuals because they are very young (children) or old, or because they have a disability, it is important to reflect on the question of how far non-discrimination law protects carers on the grounds that they associate with (care for) someone with a particular age or disability. In this context, the article reflects on the significance of the decision of the European Court of Justice in the Coleman case.

Keywords: Career, Caring, Sex Discrimination, Indirect Discrimination, Discrimination by Association, Part-Time Workers, Coleman

JEL Classification: J71

Suggested Citation

Waddington, Lisa, Carers, Gender, and Employment Discrimination – What Does EU Law Offer Europe’s Carers? (August 20, 2010). BEFORE AND AFTER THE ECONOMIC CRISIS: WHAT IMPLICATIONS FOR THE ‘EUROPEAN SOCIAL MODEL,’ Marie-Ange Moreau, ed., Edward Elgar Publishing, Forthcoming; Maastricht Faculty of Law Working Paper No. 2010-3. Available at SSRN: https://ssrn.com/abstract=1662486

Lisa Waddington (Contact Author)

Maastricht University ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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