Similar, yet different: The Work-life Balance Directive and the expanding frontiers of EU non-discrimination law

Abstract

The 2019 Work-life Balance Directive prohibits discrimination when workers exercise the rights contained in the Directive, which include rights to take leave for reasons related to caring responsibilities and the right to request flexible working arrangements for caring purposes. This article explores the relationship between the Work-life Balance Directive and EU non-discrimination law. It analyses the provisions of the Directive related to non-discrimination and compares these to equivalent provisions found elsewhere in EU non-discrimination law. It argues that the Work-life Balance Directive should be regarded as forming a new branch of EU non-discrimination law. Such a characterization will be important for its interpretation by the Court of Justice. This is also significant for our understanding of how EU non-discrimination law is evolving.