Abrahamsson and Anderson v Fogelqvist

Last updated
Abrahamsson and Anderson v Fogelqvist

Goteborgs universitet - huvudbyggnaden.jpg

Court European Court of Justice
Decided 6 July 2000
Citation(s) (2000) C-407/98, [2000] ECR I-05539
Keywords
Positive discrimination

Abrahamsson and Anderson v Fogelqvist (2000) C-407/98 is a Swedish and EU labour law case, concerning positive action.

In Europe, positive action are measures which are targeted at protected groups in order to enable or encourage members of those groups to overcome or minimise disadvantage; or to meet the different needs of the protected group; or to enable or encourage persons in protected groups to participate in an activity. In the United Kingdom in the Equality Act 2010 ss 158-159, the term is used in the context of employment to allow selection of a candidate from an "under-represented" group, so long as he or she is no less than equally qualified compared to another potential candidate that is not from the under-represented group.

Contents

Facts

Mr Anderson was slightly better qualified than his three female competitors for the post of Professor of Hydrospheric Science at the University of Göteborg. But the job was offered to one of the women, Ms Destouni, and when she turned it down, another of the women, Ms Fogelqvist was given the job. Ms Abrahamsson had complained that she was also better than Ms Fogelqvist, but that Mr Anderson was better than her. The universities’ policy was to hire sufficiently qualified people in underrepresented group, even if that meant as in this case a less qualified woman, unless ‘the difference between the candidates’ qualification is so great that such application would give rise to a breach of the requirement of objectivity in the making of appointments.’ This policy was adopted after an earlier recruitment drive had failed.

Judgment

The European Court of Justice held that this form of positive discrimination was unlawful because it overrode consideration of applicants' individual merits. A rule which required an underrepresented group to be promoted over the other was justified if two candidates were equally qualified and assessment was based on objective assessment of their personal situations. But that did not happen here. At paragraph 55 the Court stated,

See also

Related Research Articles

United Kingdom labour law

United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights, which are found in various Acts, Regulations, common law and equity. This includes the right to a minimum wage of £7.83 for over 25-year-olds under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempts to limit excessively long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is a four-part (A-D) piece of American legislation that ensures students with a disability are provided with Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. In 1990, the United States Congress reauthorized EHA and changed the title to IDEA. Overall, the goal of IDEA is to provide children with disabilities the same opportunity for education as those students who do not have a disability.

<i>R v Creighton</i>

R v Creighton, [1993] 3 S.C.R. 3 is a landmark case from the Supreme Court of Canada where the Court found that the standard for criminal liability for some offences can be lowered and not offend the Charter. This case marked the last in a series of cases, beginning with R. v. Tutton, discussing the use of an objective standard for determining mens rea in criminal offences.

Job interview

A job interview is an interview consisting of a conversation between a job applicant and a representative of an employer which is conducted to assess whether the applicant should be hired. Interviews are one of the most popularly used devices for employee selection. Interviews vary in the extent to which the questions are structured, from a totally unstructured and free-wheeling conversation, to a structured interview in which an applicant is asked a predetermined list of questions in a specified order; structured interviews are usually more accurate predictors of which applicants will make suitable employees, according to research studies.

Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.

In social work, a caseworker is similar to a type of social worker who is employed by a government agency, non-profit organization, or another group to take on the cases of individuals and provide them with advocacy, information or other services. They are not required to have a social work degree or licensure as do Social Workers. Also, in political arenas, caseworkers are employed as a type of legislative staffer by legislators to provide service to their constituents such as dealing with individual or family concerns and obtaining social services. British MPs and members of the United States Congress often provide constituent services through caseworkers for better use of their allotted funds.

<i>Edwards v Canada (AG)</i> 1929 court case which declared the word "person" in the Constitution of Canada includes women

Edwards v Canada (AG)—also known as the Persons Case—is a famous Canadian constitutional case that decided in 1928 that women were eligible to sit in the Senate of Canada. The legal case, put forward by the Government of Canada on the lobbying of a group of women known as the Famous Five, began as a reference case in the Supreme Court of Canada, which ruled that women were not "qualified persons" and thus ineligible to sit in the Senate. The case then went to the Judicial Committee of the Imperial Privy Council, at that time the court of last resort for Canada within the British Empire and Commonwealth. The Judicial Committee overturned the Supreme Court's decision.

Qualified immunity is a legal doctrine in United States federal law that shields government officials from being sued for discretionary actions performed within their official capacity, unless their actions violated "clearly established" federal law or constitutional rights. Qualified immunity thus protects officials who "make reasonable but mistaken judgments about open legal questions," but does not protect "the plainly incompetent or those who knowingly violate the law".

The National Women's Law Center (NWLC) is a United States non-profit organization founded by Marcia Greenberger in 1972 and based in Washington, D.C. The Center advocates for women's rights through litigation and policy initiatives. It began when female administrative staff and law students at the Center for Law and Social Policy demanded that their pay be improved, that the center hire female lawyers, that they no longer be expected to serve coffee, and that the center create a women's program. Marcia Greenberger was hired in 1972 to start the program and Nancy Duff Campbell joined her in 1978. In 1981, the two decided to turn the program into the separate National Women's Law Center. Marcia Greenberger and Nancy Duff Campbell stepped down as co-presidents July 1, 2017 and NWLC named Fatima Goss Graves President and CEO to succeed them.

Paternity fraud, also known as misattributed paternity or paternal discrepancy, is when a man is incorrectly identified to be the biological father of a child. The underlying assumption of paternity fraud is that the mother deliberately misidentified the biological father. Paternity fraud is related to the historical understanding of adultery.

<i>Dobson (Litigation guardian of) v Dobson</i>

Dobson v Dobson, [1999] 2 S.C.R. 753 was a landmark decision by the Supreme Court of Canada on a pregnant woman's legal duties in tort law. It was the first time the Supreme Court of Canada had to consider this issue. The majority of the Court found that tort claims cannot be brought against women for negligence toward the fetus during pregnancy.

Mississippi University for Women v. Hogan, 458 U.S. 718 (1982), was a case decided 5-4 by the Supreme Court of the United States. The court held that the single-sex admissions policy of the Mississippi University for Women violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Ferguson v. City of Charleston, 532 U.S. 67 (2001), is a United States Supreme Court decision that found Medical University of South Carolina's policy regarding involuntary drug testing of pregnant women to violate the Fourth Amendment. The Court held that the search in question was unreasonable.

Ricci v. DeStefano, 557 U.S. 557 (2009), is a US labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.

Kalanke v Freie Hansestadt Bremen (1995) C-450/93 is a German and EU labour law case, concerning positive action. It was qualified in Marschall v Land Nordrhein Westfalen (1997) C-409/95.

Marschall v Land Nordrhein Westfalen (1997) C-409/95 is a German and EU labour law case concerning positive action.

Wainwright vs. Witt, 470 U.S. 1039 (1985), was a U.S. Supreme Court case concerning a criminal defendant, Johnny Paul Witt, who argued that his Sixth and Fourteenth Amendment rights were violated when he was sentenced to death for first degree murder by the state of Florida. He argued that the trial court had unconstitutionally hand-picked a jury during the voir dire process. This was because certain people were excused from the jury because they admitted pre-trial, that their decision of guilty or not guilty toward capital punishment would be swayed due to personal or religious beliefs.

Johnson v. Transportation Agency, 480 U.S. 616 (1987), is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in the Civil Rights Act of 1964, Title VII.

Timeline of women's legal rights in the United States represents formal legal changes and reforms regarding women's rights in the United States. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents. For such things outside as well as in the United States, see Timeline of women's legal rights. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage in the United States. The timeline also excludes ideological changes and events within feminism and antifeminism: for that, see Timeline of feminism in the United States.

References