Abstract

The paper examines the relationship between the application of gender-related actuarial factors and anti-discrimination law. Moving from the CJEU case law and north-american literature, the Author discusses the issue from various perspectives: the tradeoff between efficiency and fairness; the conflict between direct and indirect discrimination; the evidence related considerations. The study shows that the CJEU approach is producing an evident redistributive effect that, however, is not being adequately considered by the same Court.