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Abstract
This article examines a pivotal development in EU equality law: the first explicit prohibition of intersectional discrimination introduced by Directive (EU) 2023/970 on strengthening the principle of equal pay between women and men. After clarifying the relevant terminology used in the context of multi-ground discrimination, it analyses the conceptual ambiguities surrounding the definition of intersectional discrimination and considers how they may be addressed. In light of the Directive’s rather vague provisions referring to intersectional discrimination, the article then seeks to sketch the basic contours of a regulatory model applicable in such situations, without purporting to provide exhaustive answers to the many open questions that remain. It concludes by explaining why the prohibition of intersectional discrimination introduced in the specific context of gender pay equality should influence the case law of the Court of Justice of the European Union well beyond that field. It therefore advocates a purposive and expansive interpretation of the new prohibition, capable of ensuring effective legal protection for workers situated at the intersection of multiple axes of disadvantage.
Keywords
EU law, prohibition of intersectional discrimination, equal pay, purposive and expansive interpretation, religious symbols in the workplace