THE NEW LEGAL FRAMEWORK KEY CONCEPTS UNDERLYING THE EU DIRECTIVES AND PROGRESS TOWARDS IMPLEMENTATION

NEW POWERS TO FIGHT DISCRIMINATION Article 13 “ action to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation”

EU ANTI-DISCRIMINATION DIRECTIVES RACIAL EQUALITY DIRECTIVE PROHIBITS DISCRIMINATION IN: EMPLOYMENT EDUCATION SOCIAL PROTECTION SOCIAL ADVANTAGES GOODS AND SERVICES

EU ANTI DISCRIMINATION DIRECTIVES EMPLOYMENT EQUALITY DIRECTIVE PROHIBITS DISCRIMINATION IN EMPLOYMENT ON GROUNDS OF: SEXUAL ORIENTATION RELIGION OR BELIEF DISABILITY AGE

DEFINITIONS OF DISCRIMINATION DIRECT DISCRIMINATION INDIRECT DISCRIMINATION HARASSMENT INSTRUCTIONS TO DISCRIMINATE VICTIMISATION

DEFINITION OF HARASSMENT A FORM OF DISCRIMINATION UNWANTED CONDUCT BASED ON A GROUND OF DISCRIMINATION(RACE, GENDER, SEXUAL ORIENTATION,RELIGION, DISABILITY, AGE)

DEFINITION OF HARASSMENT UNWANTED CONDUCT THAT TAKES PLACE WITH THE PURPOSE OR EFFECT OF VIOLATING THE DIGNITY OF A PERSON AND OF CREATING AN INTIMIDATING, HOSTILE, DEGRADING, HUMILIATING OR OFFENSIVE ENVIRONMENT’

WHO IS COVERED? EVERYONE INCLUDING THIRD COUNTRY NATIONALS ALL EMPLOYERS PUBLIC AND PRIVATE SECTOR SMALL AND LARGE GLOBAL COMPANIES

DISABILITY DISCRIMINATION EMPLOYERS HAVE TO MAKE ‘REASONABLE ACCOMODATION TO ENABLE PEOPLE WITH DISABILITIES TO HAVE ACCESS TO, PARTICIPATE IN OR ADVANCE IN EMPLOYMENT OR TO UNDER GO TRAINING’

AGE DISCRIMINATION STEROTYPICAL ASSUMPTIONS ABOUT YOUNGER OR OLDER PEOPLE’S ABILITIES AGE RELATED PAY AWARDS/SCALES COMPULSORY RETIREMENT AGES

EXCEPTIONS GENUINE OCCUPATIONAL REQUIREMENTS ETHOS BASED ORGANISATIONS POSITIVE ACTION (NOT POSITIVE DISCRIMINATION)

SHARING THE BURDEN OF PROOF IN DISCRIMINATION CASES COMPLAINANT PRODUCES CLEAR EVIDENCE INDICATING DISCRIMINATION HAS TAKEN PLACE THEN THE EMPLOYER MUST PROVE TO THE COURT/TRIBUNAL/OMBUDSMAN THAT THE REASON FOR THE TREATMENT WAS NOT DISCRIMINATION

TRANSPOSITION OF EU DIRECTIVES TO NATIONAL LAW THE RACE EQUALITY DIRECTIVE BY 19 TH JULY 2003 EMPLOYMENT EQUALITY DIRECTIVE BY 2 DECEMBER 2003 (DISABILITY & AGE 2006) CANDIDATE COUNTRIES BEFORE ACCESSION

IMPLICATIONS FOR SWEDEN SWEDEN HAS EXISTING LEGISLATION PROHIBITING DISCRIMINATION IN THE WORKPLACE ON GROUNDS OF: GENDER 1980 ETHNICITY AND RELIGION 1999 SEXUAL ORIENTATION 1999 DISABILITY 1999 BUT GAP=IMPLEMENTATION

PENALTIES COMPENSATION DAMAGES( BUT INFORMAL LIMIT LOW ?DETERRENT) SETTLEMENTS HIGHER? DAMAGING PUBLICITY(BRAND) PUBLIC CONTRACT CLAUSES-ECONOMIC RISK OF DISCRIMINATION

IMPACT OF NEW DIRECTIVES CHANGES TO EXISTING LAWS- UPDATING AND MAKING CONSISTENT INCREASING AWARENESS OF RIGHTS- PUBLIC INFORMATION CAMPAIGNS UNIONS MORE ACTIVE IN ROLE AS ENFORCERS ROLE OF NGOS; TARGETTING LARGE TRANS-NATIONAL COMPANIES

IMPACT OF NEW DIRECTIVES INCREASE IN NUMBER OF CASES IN LABOUR COURTS INCREASING NUMBERS OF SETTLEMENTS EMPLOYERS REVIEWING THEIR EMPLOYMENT POLICIES: RECRUITMENT SELECTION,HARASSMENT ETC POSITIVE COMPLIANCE-THE BUSINESS CASE

ARTICLE 13.NET - CONTACT US SALLY GRUBB: LEGAL CONSULTANT GRAHAM SHAW