Rinner-Kühn v FWW Spezial-Gebaudereinigung GmbH & Co KG (1989) C-171/88 is an EU labour law case, concerning indirect discrimination and objective justification.
National law required sick pay for people working over ten hours per week.
The German Government argued the law was justified because those working under ten hours a week were less integrated in undertakings than other workers and less dependent.
So denial of sick pay was prima facie indirect discrimination against women.
It rejected the Government's justification, because though it was a decision for a national court, ‘generalizations about certain categories of workers… do not enable criteria which are both objective and unrelated to any discrimination on grounds of sex to be identified.’ The ECJ did accept, however, that broader considerations apply when it is a law.