Is the Greek government's regulation imposing the same minimum height requirement to join the police of 170 cm for both men and women unjustifiable indirect discrimination?
Yes, is the long and short of it, held the CJEU in Ypourgos Ethnikis Pedias kai Thriskevmaton v Kalliri. The minimum height requirement had been found to be indirectly discriminatory against women by the Greek court. The CJEU held that it could not be justified simply on the basis of it being either appropriate or necessary for the objective that it purported to achieve, ensuring that police officers had the necessary physical capability for the job. It noted that specific tests of candidates' physical ability could be used instead of a height limit, and, subject to the findings on justification of the Greek court on the facts of the case, held that the regulation was not justified.
Thanks to Ed McFarlane of Deminos HR for preparing this case summary.