FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

FOGLI DI LAVORO per il Diritto internazionale 3/2008
act on that premise.
The relevant law.
8 The 2003 Regulations give effect in part to Council
Directive 2000/78, known as the “Framework Directive.”
Regulation 2 specifically provides that “religion means any
religion” and that “belief means any religious or philosophical
belief”. (It is also made clear that a reference to religion and
belief includes a lack of religion or belief, but it has not been
suggested that this is material in this case.)
9 Regulation 3 (1)(b) deals with the concept of indirect
discrimination in the following way:
Discrimination on grounds of religion or belief “(1)
For the purposes of these Regulations, a person
(“A”) discriminates against another person (“B)” if –
….
(b) A applies to B a provision, criterion
or practice which he applies or would
apply equally to persons not of the same
religion or belief as B, but -
(i) which puts or would put persons of the same
religion or belief as B at a particular disadvantage
when compared with other persons, and
(ii) which puts B at that disadvantage,
and A cannot show the treatment or, as
the case may be, provision, criterion or
practice to be a proportionate means of
achieving a legitimate aim.
10 This definition of indirect discrimination has also been
adopted with respect to discrimination in the employment field
on other prohibited grounds, such as sex, race, age and sexual
orientation. It is to be noted that there have been four different
concepts of indirect discrimination which have been adopted at
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