Brussels: Employment equality rules: reasoned opinion to the UK; cases closed for Slovakia and Malta (20 November 2009)
The European Commission has today sent a reasoned opinion to the United Kingdom for incorrectly implementing EU rules prohibiting discrimination based on religion or belief, disability, age or sexual orientation in employment and occupation (Directive 2000/78/EC, see also MEMO/08/69). It has also decided to close infringement proceedings concerning the same Directive against Slovakia and Malta as their national legislation has been brought into line with EU requirements
- there is no clear ban on 'instruction to discriminate' in national law and no clear appeals procedure in the case of disabled people;
- exceptions to the principle of non-discrimination on the basis of sexual orientation for religious employers are broader than that permitted by the directive.
The infringement proceeding against Malta has also been closed. In the reasoned opinion sent to Malta, the Commission expressed concern about the lack of protection against discrimination for civil servants, and also the apparent restriction in Maltese law on access to justice for self-employed people, as they have no right to seek justice from industrial tribunals.
Malta has since amended the Equal Treatment in Employment Regulations 2008 (part of the Employment and Industrial Relations Act) so that it applies “to all persons as regards both the public and private sectors and including service with the Government…”, thus bringing Maltese law in line with the directive.
Background
Anti-discrimination (in areas outside gender and nationality discrimination) is a relatively new area of policy for the EU. The European Community acquired new powers in 1999, with the entry into force of the Amsterdam Treaty, to combat discrimination based on racial or ethnic origin, religion and belief, disability, age and sexual orientation (new Article 13 of the EC Treaty). This led to the unanimous adoption by the Member States of two Directives in 2000:
- Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (“Racial Equality Directive”). This Directive covers direct and indirect discrimination, as well as harassment, in the fields of employment, vocational training, education, social protection (including social security and health care), social advantages and access to goods and services (including housing).
- Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment, occupation and vocational training (“Employment Equality Directive”). This Directive covers direct and indirect discrimination, as well as harassment, in employment and training on the grounds of religion or belief, age, disability and sexual orientation. It includes specific requirements on reasonable accommodation for disabled persons.
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