Indirect discrimination
31 October 2017
The European Court of Justice (ECJ) has decided that a minimum height requirement for joining the Greek police force indirectly discriminated against women.
Ypourgos Esoterikon and anor v Kalliri, ECJ
Facts
Under Greek law, candidates wishing to train as police officers had to meet a minimum height requirement of 1.7m (without shoes). Ms Kalliri’s application was rejected on the basis that she was only 1.68m tall. She presented a claim to the Greek courts, which held that the height requirement was contrary to the principle of equality of the sexes. The case was referred to the ECJ to determine whether the minimum height requirement was compatible with the EU Equal Treatment Directive.
ECJ decision
The ECJ decided that since a much larger proportion of women than men are unable to meet the minimum height requirement, the rule indirectly discriminated women. It then went on to consider whether the requirement could be justified as a proportionate means of achieving a legitimate aim.
The Greek government argued that the possession of certain physical attributes (including height) was a necessary and proportionate means of achieving the legitimate aim of exercising police functions. The ECJ decided that whilst the exercise of certain functions may require physical aptitude, this was not necessarily connected with an individual’s height. It noted that Greek law had previously set a lower height limit for women to enter the police force (1.65m), and a lower limit applied for entry to the armed forces and coast guard. The minimum height requirement was, therefore, not justified and in breach of the Equal Treatment Directive.
Consequences
It is unsurprising that the ECJ reached this decision. The case provides a very straightforward illustration of how the law prohibiting indirect discrimination works in practice. The ECJ concluded that the Greek police could adopt other methods to determine suitability for recruitment, such as physical assessments, that are less disadvantageous to women.
The content of this article is for general information only. For further information regarding employment law, please contact Liz Stevens or a member of Birketts’ Employment Team.
This article is from the October 2017 issue of Employment Law, our monthly newsletter on employment legislation and regulation. To download the latest issue, please visit the newsletter section of our website. Law covered as at October 2017.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at October 2017.