Chapter 8

The Special Treatment versus Equal Treatment Debate

On This Page

• Documents from the Chapter
  • EC and EU Directives
  • ILO Conventions
    • P89 Protocol to the 1990 Convention
  • C171 Night Work Convention
  • Cases
• Links from the Chapter
• Additional Maps and Photos

 

Typographical Correction to the Chapter

In the reproduction of Nevada Department of Human Resources v. Hibbs there is a typographical error

on page 309. In the first full paragraph, the final sentence currently reads “The Ninth Court reversed.”

The correct sentence should read “The Ninth Circuit reversed.” 538 U.S. 721, 725 (2003). Please see

the correct version on page 725 of this document.

Documents from the Chapter

Each document has its own box.  The box contains, on the top bold line, the name of the document. 

This is followed by the legal citation (not in bold).  Under these lines, the box contains one or more

sources for opening the document.  In the left-hand column (“HTML”or “PDF”), the reader can access

the official document copy, hosted on RossRights.  This permits rapid access to the document.  In the

right-hand column (“External Link”), the reader can access the same document on an official website. 

This link will often take more time to appear than the PDF or HTML copy, but should be used for official

legal citations. Where there is an asterisk (*) in the box, it indicates that there is an explanatory

footnote directly below the box, which tells the reader how to access/locate the document.

Key:
Map(s) Available
Photo(s) Available

• EC and EU Directives
  • 1976 Equal Treatment Directive
  • 2002 Directive Amending 1976 Equal Treatment Directive
  • 1976 Equal Treatment Directive, as amended by 2002 Directive (Consolidated)
  • 2006 Equal Treatment Directive

• International Labour Organization (ILO) Conventions
  • P89 Protocol of 1990 to the Night Work (Women) Convention (Revised)
  • C171 Night Work Convention
• Cases
  • Nevada Department of Human Resources v. Hibbs
  • Commission of the European Communities v. Italian Republic
  • Hofmann v. Barmer Ersatzkasse
  • Commission of the European Communities v. France

EC and EU Directives

1976 Equal Treatment Directive, Council Directive 76/207, 1976 O.J. (L 039) 1, 11 (EC).
Europa EUR-Lex	HTML	External Link

 

2002 Directive Amending 1976 Equal Treatment Directive, European Parliament and Council Directive 2002/73, 2006 O.J. (L 204/23) (RC).
Europa EUR-Lex	PDF	External Link

 

1976 Equal Treatment Directive, as amended by 2002 Directive (Consolidated),* Council Directive 76/207, 1976 O.J. (L 039) 1, 11 (EC), as amended by European Parliament and Council Directive 2002/73, 2002 O.J. (L 269), 15 (EC).
Europa EUR-Lex	PDF	External Link

*Note: When using the consolidated version, the paragraphs and sections marked with a "B" in the left-hand margin are original to the 1976 Equal Treatment Directive, while those marked "M1" were either added or modified by the 2002 Equal Treatment Directive.

2006 Directive Amending 1976 Equal Treatment Directive, European Parliament and Council Directive 2006/54, 2006 O.J. (L 204/23) (RC).
Europa EUR-Lex	PDF	External Link

International Labour Organization Conventions

 

P89 Protocol of 1990 to the 1948 Night Work (Women) Convention (Revised)
International Labour Organization	HTML	External Link

 

1990 C171 Night Work Convention
International Labour Organization	HTML	External Link

 

Cases

Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003).
United States Reports	PDF	External Link*

*Scroll to page 721.

Nevada is located in the Southeast of the United States of America. It is located between

California on the east and Arizona and Utah on the west; Oregon and Idaho split its northern

border.

Additional Relevant Links:

• Text of the FMLA (on the Department of Labor (DoL) site)
• Text of the FMLA as amended by 2008 Law (on the DoL site)
• Regulations Promulgated pursuant to the FMLA (on the DoL site)

Commission of the European Communities v. Italian Republic, Case 163/82, 1983 E.C.R 3273 (1983).
European Court of Justice	PDF	External Link

Italy, located in Southern Europe, is a peninsula extending into the central Mediterranean Sea,

northeast of Tunisia.

• Population: 58,126,212 (July 2009 est.)
• Ethnic Groups: Italian (includes small clusters of German-, French-, and Slovene-Italians

       in the north and Albanian-Italians and Greek-Italians in the south)

• Religions: Roman Catholic 90% (approximately; about one-third regularly attend services),

       other 10% (includes mature Protestant and Jewish communities and a growing Muslim

       immigrant community)

• More information at the CIA World Factbook

 

Hofmann v. Barmer Ersatzkasse, Case 184/83, 1984 E.C.R. 3047 (1984).
European Court of Justice	HTML	External Link

Germany lies in Central Europe, bordering the Baltic Sea and the North Sea, between the

Netherlands and Poland, south of Denmark.

• Population: 82,329,758 (July 2009 est.)
• Ethnic Groups: German 91.5%, Turkish 2.4%, other 6.1% (made up largely of Greek,

       Italian, Polish, Russian, Serbo-Croatian, Spanish)

• Religions: Protestant 34%, Roman Catholic 34%, Muslim 3.7%, unaffiliated or other

       28.3%

• More information at the CIA World Factbook

 

Commission of the European Communities v. France, Case 312/86, 1988 E.C.R. 6315 (1988).
European Court of Justice	HTML	External Link

France is located in Western Europe, bordering the Bay of Biscay and English Channel, between

Belgium and Spain, southeast of the UK; bordering the Mediterranean Sea, between Italy

and Spain.

• Population: total: 64,057,792
  note:62,150,775 in metropolitan France (July 2009 est.)
• Ethnic Groups: Celtic and Latin with Teutonic, Slavic, North African, Indochinese, Basque

       minorities  overseas departments: black, white, mulatto, East Indian, Chinese,

       Amerindian

• Religions: Roman Catholic 83%-88%, Protestant 2%, Jewish 1%, Muslim 5%-10%,

       unaffiliated 4%  overseas departments: Roman Catholic, Protestant, Hindu, Muslim,

       Buddhist, pagan

• More information at the CIA World Factbook

 

Links from the Chapter

• ILO Home Page
• ILO Conventions
• ILO Recommendations
• Title VII text (including Section 701(k) (the Pregnancy Discrimination Act)) at the

       EEOC website

• Title VII guidelines on fringe benefits and pregnancy discrimination (29 CFR Sections

       1604.1 - 1604.11)

• Appendix to Section 1604: Questions and Answers on the Pregnancy Discrimination Act
• Fourteenth Amendment to the Constitution of the United States of America

 

Additional Maps and Photos

 

Poland is located in Central Europe, east of Germany.

• Population: 38,482,919 (July 2009 est.)
• Ethnic Groups: Polish 96.7%, German 0.4%, Belarusian 0.1%, Ukrainian 0.1%,

       other and unspecified 2.7% (2002 census)

• Religions: Roman Catholic 89.8% (about 75% practicing), Eastern Orthodox 1.3%,

       Protestant 0.3%, other 0.3%, unspecified 8.3% (2002)

• More information at the CIA World Factbook