Labour Research December 2000

Features: Law matters

Positive action

An appointments system which automatically favours a female candidate unless the differences between the male and female candidate are too great is contrary to equal treatment law. So says the European Court of Justice, which held that preference can only be given to women applicants, in an attempt to address existing under-representation, where the candidates are equally qualified (Abrahamsson and Anderson v Fogelqvist [2000] IRLR 732).