Wage Discrimination in EU Law

The chapter discusses the European evolution of equal pay legislation, and the current obligations as laid down in the EU equal treatment directives, CJEU case law and most recently the Pay Transparency Directive. While most EU legislation and case law focuses on the principle of equal pay between men and women, secondary legislation also prohibits pay discrimination based on race and ethnic origin, religion or belief, disability, age or sexual orientation and subsume the notion of pay under the wider concept of working conditions. Nevertheless, the CJEU case law on the pay equality principle is somewhat distinct from the wider prohibition of discrimination within employment. What constitutes a prima facie case of pay discrimination then depends heavily on the correct pool of comparator, the equal value of work and how to compare the different components of pay.