An age restriction on eligibility for election to the position of sector convenor in a workers’ organisation is covered by the Equal Treatment Framework Directive.
Facts
A was hired in 1978 as a union representative in a local branch of HK, a Danish organisation of workers including HK/Danmark and HK/Privat. She was elected as a sector convenor of HK/Privat in 1993 and was re-elected every four years. However, she couldn’t be re-elected after turning 63 as the statutes of HK/Privat provided that only members who were under 60 at the date of election could be elected as a sector convener.
A filed a complaint with the Ligebehandlingsnævnet, the Equal Treatment Board in Denmark. The Board held that A should be entitled to compensation as it was against Danish anti-discrimination law for her to be prohibited from standing for election because of her age.
The Board’s decision was not complied with, so the Board (acting on behalf of A) brought a claim against HK. The High Court of Eastern Denmark referred the case to the European Court of Justice for a preliminary ruling on whether a politically elected sector convener falls within the scope of the Equal Treatment Framework Directive.
Decision
The Court decided that the requirements to become a sector convenor in a workers' organisation were covered by the Directive. The terms used in the Directive such as "employment," "self-employment," and "occupation" cover the conditions for access to any type of professional activity. It is not necessary for the individual to be characterised as a “worker” in order to fall within the Directive.
The Court also found that seeking election as a sector convenor and holding the role both constitute a form of "involvement" in an organisation of workers, which is covered separately in the Directive. The intention of the Directive is to prevent discrimination in employment and occupation and its interpretation should not be restrictive.
This meant that A’s exclusion from election because she was 63 was direct age discrimination under the Directive.
The judgment is available here.
Ligebehandlingsnævnet v HK/Danmark and HK/Privat [2022] EUECJ C-587/20, 2 June 2022