MEMO/08/68
Brussels, 31 January 2008
“Employment” Directive (2000/78/EC): list of Member States to which a reasoned opinion or letter of formal notice will be sent Reasoned opinion
Estonia
No ban on discrimination as regards civil servants, self-employment, and membership of or participation in a professional organisation The definition of harassment only covers hierarchical relationships Exceptions to the ban on discrimination based on occupational requirements too broad No obligation to make reasonable accommodation for disabled employees No justification for certain age differences in the public service Incorrect definition of the provision on the shift of the burden of proof No protection against victimisation
France
Incorrect definitions of direct and indirect discrimination and harassment Restrictive definition of instructions to discriminate No ban on discrimination in access to self-employment or with regard to professional organisations Limitation of the right of interested bodies (especially associations) to appear in court to defend victims of discrimination Inadequate penalties for forms of victimisation other than dismissal
Finland
The exception for occupational requirements is broader than authorised by the Directive The ban on discrimination on grounds of sexual orientation is not guaranteed for public service workers
Greece
Incorrect definition of harassment Exclusion of fire services from the legislation transposing the Directive
Hungary
Incorrect definition of indirect discrimination No ban on discrimination relating to membership of or participation in an employers’ or self-employed workers’ organisation The obligation to make reasonable accommodation for disabled employees is too restricted Incorrect definition of the obligation concerning the shift of the burden of proof
Ireland
Incorrect definition of indirect discrimination Discrimination based on beliefs is not prohibited Exclusion of protection against discrimination for certain “private” types of employment Interested bodies do not have the right to participate in legal proceedings on behalf of victims of discrimination Limit to damages payable to victims of discrimination The exception from the ban on discrimination on grounds of religion is too broad
Malta
The ban on discrimination does not cover access to self-employment or occupation Protection against victimisation in the public sector does not cover discrimination on grounds of age or sexual orientation
Netherlands
Incorrect definitions of direct and indirect discrimination The ban on discrimination does not apply to “personal services” The exceptions for employment in a church or religious association are broader than authorised by the Directive
Sweden
No transposition relating to age discrimination Limited protection against harassment The exceptions to the principle of equality in higher education are too broad Limitation of NGOs’ right to participate in legal proceedings to defend victims of discrimination Limited damages payable in the event of discriminatory dismissal
Czech Republic
No definitions of the various types of discrimination The physical scope of the discrimination ban is limited compared with the Directives No ban on discrimination on grounds of disability, but on grounds of state of health, which does not necessarily cover all disabled workers
Letter of formal notice
Germany
The Anti-Discrimination Act does not cover dismissal Deadline for lodging a complaint too short (2 months) Limitation of NGOs’ right to participate in legal proceedings to defend victims of discrimination The obligation to make reasonable accommodation applies only to severely disabled employees The exception to the ban on age discrimination does not contain any of the conditions required by the Directive
Complementary letters of formal notice
Latvia
Definition of discrimination too restrictive Exceptions to the ban on age discrimination too broad
Lithuania
Exception to the ban on age discrimination too
