"The report concludes that although the concept of indirect discrimination holds great potential, it appears that it is often insufficiently understood and applied in the Member States of the European Union. On the one hand, the Member States are bound by Union law. Notably, they are obliged to adhere to the Court’s case law on the relevance of the concept of direct rather than indirect discrimination, thereby providing for a higher degree of protection, where this is called for in view of the facts of a given case. On the other hand, the Member States should make use of the freedom left to them by Union law in order to strengthen the prohibition of discrimination, either by adopting more favourable rules on matters covered by the directives or by providing extra protection in fields outside them."

Direct link to the report (equalitylaw.eu)

Gender Law Newsletter 2023#01, 01.03.2023