Equality bodies and pay transparency in the EU: exploring gaps and opportunities

Summary

The research paper by M. Genevey (2024), "Equality bodies and pay transparency in the EU: exploring gaps and opportunities," analyzes the evolving landscape of equal pay enforcement within the European Union, with a specific focus on the recently adopted Directive (EU) 2023/970, known as the Pay Transparency Directive (PTD). While the paper's specific methodology is not detailed in the provided abstract, it can be inferred that it involves a legal and policy analysis of the PTD and its implications for equality bodies across EU Member States. The paper likely scrutinizes the provisions of the PTD to understand how it addresses historical shortcomings in achieving pay equality and the enhanced role it assigns to equality bodies. The core of the paper revolves around the PTD, which aims to reinforce the application of the principle of equal pay for equal work or work of equal value between men and women through increased pay transparency and robust enforcement mechanisms. The directive mandates various measures, including transparency of remuneration information for job applicants and employees, employer obligations to make available gender-neutral criteria for pay and career progression, and pay reporting for companies with at least 100 employees. A crucial aspect highlighted by the paper's abstract is the expected impact of Article 15 of the PTD, which is anticipated to resolve issues regarding rights derived from the directive, thereby strengthening its application [cite: abstract]. This article likely pertains to enforcement, access to justice, or the specific mandates for equality bodies in supporting workers. The paper explores "gaps and opportunities" in this context. Historically, a lack of pay transparency has been a major challenge, preventing effective assessment and redress of gender pay inequalities. The PTD offers significant opportunities by empowering workers with the right to information about their pay and average pay levels for comparable roles, broken down by gender, enabling them to assert their right to equal pay. It also shifts the burden of proof to the employer in discrimination cases under certain conditions. Equality bodies are explicitly given the right to act on behalf of or support workers, and to bring collective claims to court, thereby strengthening their enforcement capabilities. The paper likely identifies that while the PTD provides a strong framework, its effective transposition into national law by Member States by June 7, 2026, and the subsequent proactive engagement of equality bodies, will be critical to addressing remaining gaps and fully realizing the directive's potential. The implications suggest a more active and empowered role for equality bodies in monitoring compliance, assisting victims of pay discrimination, and driving systemic change towards genuine pay equality in the EU.