Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning, Infrastructure and Regeneration

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport and Infrastructure

Close
Home / News and Insights / Insights / European Court of Justice rules that minimum height requirement for Greek police is indirect sex discrimination

Under the EU Equal Treatment Directive, indirect sex discrimination in recruitment selection conditions is unlawful unless the conditions can be objectively justified by a legitimate aim, and the means of achieving that aim are proportionate and necessary. In Ypourgos Esoterikon v Kalliri, the ECJ has recently held that a minimum height requirement to join the Greek police force was indirect sex discrimination and could not be justified.

Under Greek national law, male and female candidates for the Greek police force have to be at least 1.7 metres tall. Ms Kalliri’s application was rejected because she was only 1.68 metres tall. The Greek courts referred her claim of sex discrimination to the ECJ for a ruling on whether the minimum height requirement was compatible with the EU Equal Treatment Directive.

The ECJ has now held that the minimum height requirement constituted indirect sex discrimination against women, since far more women than men were disadvantaged by it. Although the Greek government’s aim of enabling police officers to carry out their functions effectively was a legitimate aim, the minimum height requirement was not a proportionate means of carrying out that aim for four main reasons:

  • not all police duties require the use of significant force or a particular physical aptitude;
  • in any event, physical aptitude is not necessarily connected with being over a certain height;
  • until 2003, Greek law required women to be a minimum height of 1.65 metres to join the police, and men 1.7 metres. The minimum height requirement for women to join the Greek armed forces, port police and coastguard was 1.6 metres; and
  • the Government’s legitimate aim could be achieved by measures that were less disadvantageous to women, such as carrying out pre-selection physical assessments.

This case is a reminder to employers of the risks of making assumptions about physical ability. Courts will carefully scrutinise blanket restrictions and requirements which prevent access to employment, and employers should therefore always consider whether there are alternative, non-discriminatory methods which can be used to determine a candidate’s suitability.

Related Articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning, Infrastructure and Regeneration chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Real Estate chevron
Transport and Infrastructure chevron