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This Article explores the evolution of the European Union's effort to achieve gender equality in employment and the impact of the Amsterdam Treaty on this effort. It examines the developments of the European Union, the legislation promulgated to promote equality between men and women in employment, and the decisions of the European Court of Justice in relation to such legislation. The Article then contrasts those efforts with United States law and focuses on positive action in the European Union, analyzes the relevant decisions in this area-Kalanke v. Freie Hansestadt Bremen and Marschall v. Land Nordrhein-Westfalen. It then contrasts them with the United States experience with affirmative action. FinaUy, the Article discusses the Amsterdam Treaty and both its impact on equality between men and women in employment and beyond the workplace through positive action. The likelihood of success of the Amsterdam Treaty in eradicating gender discrimination and promoting equal treatment between men and women is assessed.


File nameDate UploadedVisibilityFile size
6 Sep 2022
2.57 MB



  • Subject
    • Comparative and Foreign Law

    • Gender

  • Journal title
    • Boston College International and Comparative Law Review

  • Volume
    • 23

  • Issue
    • 1

  • Pagination
    • 1

  • Date submitted

    6 September 2022