Similar, Yet Different: The Work-life Balance Directive and the Expanding Frontiers of EU Non-Discrimination Law

Mark Bell, Lisa Waddington

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

The 2019 Work-life Balance Directive prohibits discrimination when
workers exercise the rights contained in the Directive, which include
rights to take leave for reasons related to caring responsibilities and the
right to request flexible working arrangements for caring purposes. This
article explores the relationship between the Work-life Balance Directive
and EU non-discrimination law. It analyses the provisions of the Directive
related to non-discrimination and compares these to equivalent provisions
found elsewhere in EU non-discrimination law. It argues that the
Work-life Balance Directive should be regarded as forming a new branch
of EU non-discrimination law. Such a characterization will be important
for its interpretation by the Court of Justice. This is also significant for our
understanding of how EU non-discrimination law is evolving.
Original languageEnglish
Pages (from-to)1401-1432
Number of pages31
JournalCommon Market Law Review
Volume58
Issue number5
Publication statusPublished - 2021

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