EUropa.S. 2020 April 10-13 | University of Piraeus Organized by: Institute of Research & Training on European Affairs
EUropa.S. 2020 the Council of the European Union
Study Guide Topic: Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights� Study Guide
Table of Contents Table of Contents _____________________________________________________ 2 Greeting of the Board _________________________________________________ 3 Introduction to the Council of the European Union __________________________ 4 Introduction to the Topic _______________________________________________ 5 Key Terms and Definitions ______________________________________________ 5 Historical Background _________________________________________________ 7 Legal Framework _____________________________________________________ 7 Topic Analysis _______________________________________________________ 11 The principle of non-discrimination ___________________________________ 11 Working conditions and labor law in the European Union _________________ 12 Forms and means of discrimination in the workplace _____________________ 15 Discrimination based on gender ____________________________________ 15 Discrimination based on origin _____________________________________ 17 Discrimination based on religion ____________________________________ 18 Discrimination based on sexual orientation ___________________________ 19 Discrimination based on age _______________________________________ 19 Discrimination based on disability ___________________________________ 21 Recent Developments ________________________________________________ 21 Conclusion _________________________________________________________ 22 Questions Raised __________________________________________________ 23 Bibliography ________________________________________________________ 24 Further Reading _____________________________________________________ 32
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EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide
Greeting of the Board Distinguished Ministers, It is with utmost pleasure that we welcome you all to the Council of the European Union (Consilium) for EUropa.S.2020, where we have the honor to serve as your Board Members. We will make sure that everyone associated with our committee has a great experience and an amazing time during the sessions. We hope that this study guide will constitute a useful tool that will assist you with your overall preparation for this year’s topic area “Enhancing anti-discrimination in the European Union with regards to working conditions and labor rights”. More in detail, in the modern world, one may encounter discrimination in many forms, especially regarding certain concepts such as gender, religion, age and sexual orientation. Thus, the establishment of a decent and well-functioning working environment, cannot be achieved without the proper promotion of anti-discrimination measures that aim to ameliorate procedures concerning free and transparent access to the EU working sector. All in all, we sincerely hope that this study guide will facilitate your understanding of the topic and that it will serve as the starting point for your research and preparation for the conference. In addition, we highly encourage you to further look into our topic area, especially concerning your country’s policy. We are looking forward to meeting all of you in person and have a productive time during our sessions. Should you have any inquiries regarding the topic or the Rules of Procedure, do not hesitate to contact us for further elaboration. Kind Regards, The Board of the Council of the European Union
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EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide
Introduction to the Council of the European Union The Council of the European Union is one of the principle institutions of the European Union, as stated in the Treaty on the European Union. Among others, the Council is responsible for negotiating and adopting both legislative acts and the EU budget, along with the European Parliament. Additionally, the coordination of policies among member states concerning economic, fiscal, educational, cultural and employment matters is within its mandate, as well as the negotiation and conclusion of international agreements concerning the aforementioned areas. The Council is composed of Ministers of the 28 member states and its headquarters are located in Brussels, Belgium.1 The Council meets in 10 different configurations, depending on the subject under discussion (Article 16 par. 6 of the Treaty on the European Union), 2 however, it remains a single legal entity with hierarchically equal configurations.3 The presidency of the Council is rotating among the 28 member states for a time period of six months, while the member states holding the presidency collaborate closely to a group of three. The current trio includes the states of Romania, Finland and Croatia.4 During this year’s edition of EUropa.S., we will be simulating one of the ten aforementioned configurations; the Employment, Social Policy, Health and Consumer Affairs (EPSCO)configuration, which is comprised of the Ministers responsible for Employment, Social Affairs, Health and Consumer Policy of the 28 member states of the EU. The main goal of the EPSCO is to assist the Union in achieving its goal to raise the living-standards for all EU citizens, through high quality jobs, as well as social, health and consumer protection. Specifically, as far as employment and social affairs are concerned, the EPSCO draws annual policy guidelines, which member states take into account while forming their national policies.5 Last but not least, along with the European Parliament the Council of the European Union adopts legislation with the purpose of improving work conditions, gender equality and social inclusion.6
Council of the European Union (2019). What does the Council of the EU do?. [online] The Council of the EU. Available at: https://www.consilium.europa.eu/en/council-eu/ [Accessed 5 November 2019] 2 EUR-Lex (2019). Consolidated version of the Treaty on European Union [online]. Available at: https://eurlex.europa.eu/legal-content/EN/TXT/?uri=celex:12012M/TXT [Accessed 5 November 2019] 3 Council of the European Union (2019). Council Configurations. [online] The Council of the EU. Available at: https://www.consilium.europa.eu/en/council-eu/configurations/ [Accessed 5 November 2019] 4 Council of the European Union (2019). The presidency of the Council of the EU. [online] The Council of the EU. Available at: https://www.consilium.europa.eu/en/council-eu/presidency-council-eu/ [Accessed 5 November 2019] 5 Council of the European Union (2019). Employment, Social Policy, Health and Consumer Affairs Council configuration (EPSCO). [online] Council Configurations. Available at: https://www.consilium.europa.eu/en/councileu/configurations/epsco/?fbclid=IwAR18Wbe6Tat8Zyel24Ttorro4dIbxrwBJwPQtLGjKUqoWF360wdrHmsgCWI[Ac cessed 5 November 2019] 6 Ibid 1
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EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide
Introduction to the Topic Tackling discrimination constitutes a crucial priority for all the EU institutions, and especially for the Council of the European Union. More specifically, the Employment, Social Policy, Health and Consumer Affair Council configuration (EPSCO) prioritizes in its agenda the implementation of anti-discrimination measures in the European working sector. Precisely, according to Article 21 of the EU Charter of Fundamental Rights, the EU prohibits “any discrimination based on grounds such as sex, race, color, ethnic or social origin, language, religion, political opinion, property, disability, age and sexual orientation’’7. Thus, it is considered as a responsibility for the EU to protect its citizens from discrimination, especially with regards to their working conditions and labor rights. Moreover, although the principle of non-discrimination is promoted throughout the Union, in the working sector, many incidents are reported, where, for example, the selection process in job-related interviews is influenced by discriminatory factors, such as race, religion, origin or sexual orientation. 8Therefore, the question that needs to be answered throughout this April’s EUropa.S. Consilium sessions is how the EU will enhance its anti-discrimination policies and respond to such incidents that violate the Europeans’ fundamental rights.9
Key Terms and Definitions Discrimination can be defined as the less favorable treatment of a person on grounds of religion, origin, disability, age, sex or sexual orientation (direct discrimination). Additionally, discrimination also occurs when an apparently neutral position towards a person of a particular religion, sexual orientation, age, disability or sex might put them on a disadvantageous condition comparing with other persons (indirect discrimination). 10 Working conditions refer to the circumstances and the working environment that can affect one’s labor, including provisions such as working times, training, physical and mental aspects, payment and work-life balance.11 Those conditions are a cornerstone 7
EUR-Lex (2019). Principle of Non-Discrimination. Glossary. Available at: https://eurlex.europa.eu/summary/glossary/nondiscrimination_principle.html [Accessed 8 November 2019] 8 European Foundation for the Improvement of Living and Working Conditions (2018). Discrimination at work. [online] Eurofound. Available at: https://www.eurofound.europa.eu/topic/discrimination-atwork [Accessed 8 November 2019] 9 The European Commission (2019). Tackling Discrimination. [online] Policies. Available at: https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combattingdiscrimination/tackling-discrimination_en [Accessed 8 November 2019] 10 EUR-Lex (2000). Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation [online]. Available at: https://eurlex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32000L0078 [Accessed 6 November 2019] 11 European Observatory of Working Life (2011). Working Conditions. [online]. EurWORK. Available at: https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/workingconditions [Accessed 5 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 5
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide for employment relationships and paid work and are closely monitored and regulated by the International Labor Organization.12 Labor rights include everything employees are entitled to, because of the employment relationship they are a part of. Those rights include ensuring safety, health and good conditions in the working environment, the information and participation of employees in matters and decisions that concern them, as well as the lack of every form of discrimination.13 Gender equality is the provision of equal rights and opportunities for both genders. This does not mean that both genders will become the same, but that the needs, priorities and interests of both women and men will be valued the same.14 Citizenship of the European Union is automatically attributed to every person entitled with an EU member state citizenship, guaranteeing this person additional rights and responsibilities, including the free movement of goods and people and the participation in EU’s political life, as well as consular protection.15 Sexual Orientation refers to a person’s physical, romantic and emotional attraction towards other people, which might be of the same or different gender.16 Refugees are forced to seek another country to live, due to various reasons concerning their home country, which prevent them from further residing there. In the past few years there has been a huge surge of refugees flocking the European Union member states, either because of war related activities or other associated reasons. 17 Migrants change their country or usual residence. A distinction is made between migrations lasting from 3 to 12 months (short time migration) and the ones lasting more than a year (long time migration). 18 In general, there is no legal definition of a “migrant”, however most nations and experts agree upon the aforementioned one.
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Ιnternational Labor Organization (2019). Working conditions. [online] Topics. Available at: https://www.ilo.org/global/topics/working-conditions/lang--en/index.htm [Accessed November 2019] 13 European Commission (2019). Rights at work. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?langId=en&catId=82 [Accessed November 2019] 14 European Institute for Gender Equality (2019). Gender Equality. [online] Glossary and Thesaurus. Available at: https://eige.europa.eu/thesaurus/terms/1168 [Accessed 5 November 2019] 15 European Union (2019). EU Citizenship. [online] About the EU. Available at: https://europa.eu/european-union/about-eu/eu-citizenship_en [Accessed 5 November 2019] 16 United Nations- Free and Equal (2019). Definitions (online). Available at: https://www.unfe.org/definitions/ (Accessed 6 November 2019) 17 European Commission (2019). Refugee. [online] Glossary. Available at: https://ec.europa.eu/homeaffairs/what-we-do/networks/european_migration_network/glossary_search/refugee_en [Accessed 15 November 2019] 18 The United Nations- Refugees and Migrants (2019). Definitions. [online] Compact for Migration. Available at: https://refugeesmigrants.un.org/definitions [Accessed 19 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 6
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide
Historical Background Since the signature of the Treaties establishing the European Economic Community in 1957, special focus has been given in ensuring fundamental rights for all citizens of the European Union.19 More in detail, the free movement of workers, which was granted through this legal document, has been in the forefront of promoting social inclusion and working opportunities for a great number of people.20 However, the most decisive step towards the protection of fundamental human rights in the EU, including basic labor rights and equality, was the Treaty of Amsterdam, which was signed in 1997. This Treaty updates and modifies the Treaty on European Union, the Treaties establishing the European Communities, as well as certain acts related to that content.21 As far as employment is concerned, the Amsterdam Treaty strengthens the Union’s commitment to ensure high employment, especially when drafting and implementing EU policies, through the establishment of an advisory committee for employment matters, as well as the submission of an annual report, while at the same time, each member state is obliged to provide annual information on their actions regarding the employment sector.22 As a result, and thanks to a variety of legislative actions and initiatives, workers’ rights have been radically improved within the Union; the Directive 2000/78/EC is a fundamental action against discrimination, since it defines the types of discrimination: discrimination based on gender, origin, disability, age, religion and sexual orientation.23
Legal Framework The European Union has taken interest towards combating all forms of discrimination in the working sector, having adopted numerous legal documents towards this direction. Apart from that, the European Commission has also adopted a number of directives to ensure protection against every form of discrimination separately. 24 Those legislative measures aim at protecting all employees, not only from unfair 19
The European Parliament (2019). Treaty of Rome (EEC). [online] The Parliament and the Treaties. Available at: https://www.europarl.europa.eu/about-parliament/en/in-the-past/the-parliament-andthe-treaties/treaty-of-rome [Accessed 17 November 2019] 20 EUR-Lex (2017). Treaty of Rome (EEC). [online] Summaries of EU legislation. Available at: https://eurlex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:xy0023 [Accessed 17 November 2019] 21 EUR-Lex (1997). Treaty of Amsterdam. [online] Legislation. Available at: https://eurlex.europa.eu/legal-content/EN/TXT/?uri=CELEX:11997D/TXT [Accessed 20 November 2019] 22 EUR-Lex (2018). The Amsterdam Treaty. [online] Summaries of legislation. Available at: https://eurlex.europa.eu/legal-content/EN/LSU/?uri=CELEX:11997D/TXT [Accessed 20 November 2019] 23 EUR-Lex (2000). Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation [online] Legal Documents. Available at: https://eurlex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32000L0078 [Accessed 5 November 2019] 24 European Commission (2019). Non-Discrimination. [online] Aid, Development and Fundamental Rights. Available at: https://ec.europa.eu/info/aid-development-cooperation-fundamentalrights/your-rights-eu/know-your-rights/equality/non-discrimination_en [Accessed 5 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 7
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide treatment when applying for a job, but also from any kind of abuse in the working environment and at ensuring them a career advancement based on their skills. However, discriminatory behavior in the workplace can still be found within the EU territory, and thus the Union shall keep on working to fulfil its role as a guarantor of equality in the employment sector.25 For the purpose of the present study guide, we will be analyzing to the most significant legislation that could help one comprehend the legal background of the topic area under discussion. 1. Charter of Fundamental Rights According to Article 21 of the Charter of Fundamental Rights, any discrimination on the grounds of sex, origin, religion, age or race is strictly prohibited. More precisely: “1. Any discrimination based on any ground such as sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. 2. Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.”26 The text of the Charter is updated according to all recent developments and it covers all rights found in the European Court of Justice cases, rights that derive from the constitutional traditions of the member states, as well as the rights enshrined in the European Convention of Human Rights.27 Therefore, the inclusion of the right to nondiscrimination in the Charter demonstrates its significance within the EU legal order. 2. Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union has also a prohibition of discrimination based on nationality on its 18th article, authorizing the European Parliament and the Council to act accordingly, in order to materialize this prohibition through legislation:28 “Within the scope of application of the Treaties, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt rules designed to prohibit such discrimination.” 25
European Commission (2019). What does the EU doing and why? [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1474&langId=en [Accessed 5 November 2019] 26 EUR-Lex (2012). Charter of Fundamental Rights of the European Union [online]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT [Accessed 6 November 2019] 27 European Commission (2019). Why do we need the Charter? [online]. Available at: https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eucharter-fundamental-rights/why-do-we-need-charter_en [Accessed 6 November 2019] 28 EUR-Lex (2019). Consolidated version of the Treaty on the Functioning of the European Union [online]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E%2FTXT [Accessed 5 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 8
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide 3. Treaty of Amsterdam The Treaty of Amsterdam has been a decisive step in the EU’s efforts towards combating discrimination. To begin with, it includes a provision concerning equal payment for both genders for the same work and it modifies Article 119 of the Treaty Establishing the European Community. Furthermore, the addition of Article 6a in the Treaty establishing the European Community allows the Council to take action, in order to enforce prohibition of discrimination on grounds of sex, religion, origin, disability, age or sexual orientation.29 Those modifications and additions have been the cornerstone for modern EU legislation and are enshrined in all legal documents of the Union that are in force at the moment. 30 4. Council Directive 2000/78/EC The main piece of legislation concerning the reduction of discrimination in the workplace is Council Directive 2000/78/EC31,which established a general framework for equal treatment in employment matters, according to which no individual shall receive any kind of unfair treatment on grounds of sex, origin, religion, disability, sexual orientation or age. This prohibition applies to both private and public sector (Article 3, paragraph 1), as well as to all aspects of working life, such as access to employment, training, working conditions and participation in organizations of workers or employers. Moreover, Articles 4-6 of the aforementioned Directive, refer to cases where different treatment occurs, although it is not considered as discrimination; precisely, Article 4 refers to occupational requirements, which implies that different treatment might occur, when this necessary, because of the nature of the occupational activity× Article 5 sets the limits for reasonable accommodation for disabled workers and, last but not least, article 6 describes the only different treatment that is justified on grounds of age.32 5. Race Equality Directive (2000/43/EC) One of the most important Directives towards combating racial discrimination is the Race Equality Directive (2000/43/EC), which stands against discrimination on grounds of origin or race in every aspect of social life, including employment. The Directive sets
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European Communities (1997). Treaty of Amsterdam amending the Treaty on the European Union, the treaties establishing the European Communities and other Acts [online]. Available at: https://www.europarl.europa.eu/topics/treaty/pdf/amst-en.pdf [Accessed 6 November 2019] 30 EUR-Lex (2019). Fundamental Rights and Non-Discrimination [online] Summaries of EU legislation. Available at: https://eur-lex.europa.eu/legal-content/CS/TXT/?uri=LEGISSUM:a10000 [Accessed 6 November 2019] 31 European Commission (2019). Tackling discrimination at work. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=158&langId=en [Accessed 5 November 2019] 32 EUR-Lex (2000). Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation [online]. Available at: https://eurlex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32000L0078 [Accessed 5 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 9
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide some minimum requirements to which member states are obliged to comply and sets the general framework for leaving all kinds of discriminatory behavior behind.33 6. Proposal of the European Commission for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM (2008) 426) The purpose of this legal document is the provision of a framework that will assist the implementation of the principle of non-discrimination in the workplace. It suggests, among others, the consultation and discussion amongst the interested parties, and namely employers, employees, the EU, the International Labor Organization and NonGovernmental Organizations. According to the impact assessment report conducted for the purposes of this suggestion, the objectives every initiative towards prohibiting discrimination should meet are “increasing protection from discrimination, ensuring legal certainty and enhancing social inclusion”.34 7. Council Directive 75/117/EEC This Directive is about equal payment for men and women and was one of the first legislative efforts towards reducing gender inequality in the employment sector.35 8. Directive 2006/54/EC Directive 2006/54/EC adopted by the European Parliament and the Council, provides with a solid text on how equality of employment opportunities between the genders can be implemented. 36 9. Directive 2010/41/EU Directive 2010/41/EU ensures that men and women are equal when engaging in selfemployment activities.37 10. Directive 92/85/EEC Directive 92/85/EEC protects pregnant workers, workers that have recently given birth and breastfeeding women.38 EUR-Lex (2000). Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin [online]. Available at: https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=CELEX%3A32000L0043 [Accessed 5 November 2019] 34 EUR-Lex (2008). Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation [online]. Available at: https://eurlex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A52008PC0426[Accessed 6 November 2019] 35 EUR-Lex (2019). Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women [online]. Available at: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31975L0117:EN:HTML [Accessed 5 November 2019] 36 EUR-Lex (2006). Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation [online]. Available at: https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=CELEX%3A32006L0054 [Accessed 5 November 2019] 37 EUR-Lex (2010). Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity [online]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32010L0041 [Accessed 5 November 2019] 38 EUR-Lex (2019). Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or 33
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EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide
Topic Analysis
The principle of non-discrimination It is without doubt that non-discrimination is one of the most important principles that the EU wishes to promote and enhance across its member states. Despite taking many steps towards this direction, discrimination still occurs within the Union’s borders, which affects many aspects of its citizens’ everyday lives, including the working sector. Nevertheless, in order for this troubling issue to be addressed, the EU has already adopted policies and directives, so as to tackle discrimination and increase equality.39 Precisely, the Amsterdam Treaty outlines the six types of discrimination: discrimination on the grounds of religion and beliefs, disability, sexual orientation, age, gender and racial or ethnic origin40, which are going to be analyzed in this section of the Study Guide. To begin with, religion or beliefs associate an individual to a certain organized religion, such as Christianity, Islam and Buddhism, or, to a belief or theory closely connected to a commonly accepted religion, which introduces certain variations, the so-called heresies, such as Scientology or Rastafarianism.41 However, one can decide against associating with one religion or heresy and identify oneself as atheist. As a result, people, because of their association, or non-association to a certain religion or belief are discriminated. To address such cases, the European Union protects, under the European Law, the freedom of every individual to preach and practice their own religion and beliefs, prohibits discrimination based on religion and beliefs through the European Commission Directive 2000/78/EC, and calls upon its citizens to report cases of unequal treatment due to religion and beliefs. 42 On a different notice, discrimination based on the grounds of one’s disabilities can be direct, in cases when a person is treated worse than another individual in a similar situation43 or indirect,
are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) [online]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31992L0085 [Accessed 5 November 2019] 39 European Foundation for the Improvement of Living and Working Conditions (2011). Principle of NonDiscrimination. [online] Industrial relations dictionary. Available at: https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/nondiscrimination-principle [Accessed 8 November 2019] 40 European Communities (1997). Treaty of Amsterdam amending the Treaty on the European Union, the treaties establishing the European Communities and other Acts [online]. Available at: https://www.europarl.europa.eu/topics/treaty/pdf/amst-en.pdf [Accessed 6 November 2019] 41 Citizens Advice (2017). Discrimination because of religion or belief. [online] Discrimination. Available at: https://www.citizensadvice.org.uk/law-and-courts/discrimination/discrimination-because-of-racereligion-or-belief/discrimination-because-of-religion-or-belief/ [Accessed 8 November 2019] 42 EUR-Lex (2019). European Commission’s Directive 2000/78/EC [online]. Available at: https://eurlex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32000L0078 [Accessed 8 November 2019] 43 European Commission (2019). Combating Discrimination in the Workplace. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1437&langId=en [Accessed 8 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 11
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide when an organization or institution adopts a particular policy with worse impact on people with disabilities compared to others.44 Additionally, discrimination based on sexual orientation appears in cases where an individual is treated less favorably than another one, because of his sexuality and sexual preferences. That is why, the Union, through the European Commission Directive 2000/78/EC recognizes sexual orientation as a fundamental right for EU citizens and prohibits less favorable treatment on the grounds of their sexuality. With regards to discrimination on the grounds of age, as certain businesses adopt policies according to which employees are treated differently based on their age, this type of discrimination often fuels youth unemployment. 45 Furthermore, sexual or gender discrimination occurs when a person is treated differently than another one in a similar situation, due to his or her gender.46 Characteristic examples are sexual harassment and unequal pay for women that do the same work as men. 47 Moreover, although the European Union strictly prohibits such incidents and encourages citizens to report cases of discrimination based on gender, most people are ashamed or afraid to report to the authorities.48 On a last remark, discrimination based on origin, despite being prohibited in the EU, is one of the most common occurrences within its territory and can be direct, or indirect, in cases of policies causing unjustified harm to persons of a particular racial or ethnic origin. 49
Working conditions and labor law in the European Union Since the beginning of its history, the European Union has been taking interest in achieving high employment rates and social inclusion. Among its priorities has also been the improvement of working conditions and the protection of social cohesion.50 44
European Commission (2019). Combating Discrimination in the Workplace. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1437&langId=en [Accessed 8 November 2019] 45 European Commission (2019). Legal protection against age discrimination. [online] Age discrimination. Available at: https://ec.europa.eu/info/policies/justice-and-fundamentalrights/combatting-discrimination/age-discrimination_en [Accessed 8 November 2019] 46 European Parliament (2019). Equality between men and women. [online] Social and Employment Policy. Available at: https://www.europarl.europa.eu/factsheets/en/sheet/59/equality-between-menand-women [Accessed 8 November 2019] 47 Romei, V. (2019). Young people struggle in eurozone’s two-tier labour market. [online] The Financial Times. Available at: https://www.ft.com/content/6ca9cfd8-9cc8-11e9-9c06-a4640c9feebb [Accessed 8 November 2019] 48 European Union Agency for Fundamental Rights (2017). Discrimination Incidents recorded by the Police. [online] Hate crime. Available at: https://fra.europa.eu/en/promising-practices/discriminationincidents-recorded-police [Accessed 8 November 2019] 49 European Commission (2017). The Meaning of Racial or Ethnic Origin in EU. [online] Justice and consumers. Available at: https://ec.europa.eu/newsroom/just/item-detail.cfm?item_id=54924 [Accessed 8 November 2019] 50 European Commission (2019). Labor Law. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=157&langId=en [Accessed 8 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 12
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide Therefore, one can find numerous legislative initiatives taken by the EU in all the workrelated sectors. More precisely, the Union’s labor law covers two main areas: working conditions and worker’s information, as well as consultation. Moreover, as labor law goes hand in hand with the European Single Market, its significance for the function of the Union is apparent. To begin with, the EU has taken important action concerning working conditions and working times; Article 31 of the Charter of Fundamental Rights grants every employee the right to fair working conditions, guaranteeing their well-being, as well as their right to limit their maximum working hours, their rest periods and their paid leave. 51 Additionally, the EU Working Time Directive (2003/88/EC) addresses the issue of working times, according to which all workers shall be entitled a limit of working hours per week that should not exceed 48 hours, including overtime. Furthermore, this Directive provides for a break during the working hours, in cases when they exceed six hours daily, however, there is no provision for a minimum daily or weekly rest period. All workers are entitled to a paid leave for equal to at least one month’s work for each year, while also, there is extra protection in case of night work.52 It is worth mentioning that, under very specific circumstances and viewing to the protection of the workers, in case an individual employee opts-out of those rights or in specific categories of workers, there can be a derogation of them.53 The right to information is also a vital part of the EU labor law. Precisely, the Directive 2002/14/EC54, outlines the minimum standards for information and consultation rights of the employees, however, since this is a Directive, it lies upon each Member-State’s discretion to decide how to apply these standards.55 On a different scope, protection against discrimination is another matter of significance for the Union’s labor policy. More in detail, in 1990, the Union introduced 51
EUR-Lex (2012). Charter of Fundamental Rights of the European Union [online]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT [Accessed 6 November 2019] 52 European Commission (2019). Working Conditions-Working Time Directive. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=706&langId=en&intPageId=205 [Accessed 8 November 2019] 53 EUR-Lex (2003). Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time [online]. Available at: https://eurlex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32003L0088 [Accessed 8 November 2019] 54 EUR-Lex (2002). Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation [online]. Available at: https://eur-lex.europa.eu/legalcontent/EN/ALL/?uri=CELEX:32002L0014 [Accessed 9 November 2019]. 55 EUR-Lex (2016). EU general rules on employee information and consultation. [online] Summary of EU Directive 2002/14/EC. Available at: https://eur-lex.europa.eu/legalcontent/EN/LSU/?uri=CELEX:32002L0014 [Accessed 9 November 2019]. EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 13
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide the Council Directive 1990/70, which refers to fixed-term work and, specifically, prohibits discrimination against fixed-term workers, unless objective circumstances apply, but also, it encourages their further training.56 In 2011, updating its legislation with the Regulation 492/2011, the Union encouraged the freedom of workers’ movement within the EU, granting EU citizens the right to search for employment in all of the Union’s territory, while at the same time, prohibiting discrimination based on nationality among EU citizens, with the exception of working posts involving the exercise of national authority, that are assigned to citizens of nationality of the respective states.57 Last but not least, the EU seeks to ensure that redundancies, transfers and undertakings will not affect significantly the workers’ rights. This is why the Union introduced the Council Directive 2001/23/EC, applying to both private and public sector, and which, among others, outlines that a company’s transfer does not constitute a reason for an employee’s dismissal. On the contrary, these employees shall maintain their rights and obligations in the status described in the previous employment contract, besides social protection schemes, that are not transferred. 58 Furthermore, the EU has introduced provisions for collective redundancies, which occur when employers decide to lay off a group of employees, through the Directive 98/59/EC. 59 As a result, when employers decide for such an action, they shall consulate in good faith with the workers’ representatives, in order to reach an agreement. This consultation should cover the chance that no redundancy will take place, or that fewer employees will be affected and shall also include social measures for the laid off workers.60
56
EUR-Lex (1999). Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP [online]. Available at: https://eurlex.europa.eu/legal-content/GA/TXT/?uri=CELEX:31999L0070 [Accessed 8 November 2019] 57 EUR-Lex (2017). Free Movement of Workers. [online] Summary of Regulation 492/2011. Available at: https://eur-lex.europa.eu/legal-content/EN/LSU/?uri=CELEX:32011R0492 [Accessed 9 November 2019]; EUR-Lex (2011). Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union Text with EEA relevance [online]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011R0492 [Accessed 9 November 2019] 58 EUR-Lex (2001). Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses [online]. Available at: https://eurlex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32001L0023 [Accessed 8 November 2019]; 58 EURLex (2015). Protecting employment rights when business ownership is transferred. Summary of Directive 2001/23/EC [online]. Available at: https://eur-lex.europa.eu/legalcontent/EN/LSU/?uri=CELEX:32001L0023 [Accessed 8 November 2019]. 59 EUR-Lex (1998). Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies [online]. Available at: https://eurlex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A31998L0059 [Accessed 8 November 2019] 60 European Commission (2019). Employee Involvement-Collective Redundancies. [online] Employment, Social Affairs and Inclusion. Available at: EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 14
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide All in all, despite the Union’s efforts to improve labor conditions and working environments, there still are obstacles, such as high unemployment rate in certain member states,61 that need to be overcome, in order for the Union to prosper.
Figure 1: Unemployment rate, seasonally adjusted July 2019
Source: Eurostat (2019). Unemployment rates, seasonally adjusted (July 2019) [online]. Available at: https://ec.europa.eu/eurostat/statisticsexplained/index.php?title=File:Unemployment_rates,_seasonally_adjusted,_July_2019.png&oldid=448264 [Accessed 10 November 2019]
Forms and means of discrimination in the workplace Discrimination based on gender
Gender equality has been one of the EU’s fundamental priorities since the principle of equal payment for work of equal value was introduced in the Treaty of Rome in 1957. The Union has been working towards introducing legislation with regards to equal payment, gender perspective in all fields of social life, as well as specific measures for women empowerment.62 At the same time, the European Commission has established some priority areas of action for 2016-2019, within the scope of its “Strategic Engagement for Gender Equality”. These areas include equal economic independence for both genders, equal payment for equal work, equality in decision-making, promotion of dignity and integrity, and lastly, ending gender-based violence.63 Even though the Union prioritizes the principle of equal treatment between the genders, one can still come across discriminatory behavior on grounds of gender. Thus, the EU institutions have launched a variety of legal documents, with a view to tackling https://ec.europa.eu/social/main.jsp?catId=707&langId=en&intPageId=215 [Accessed 8 November 2019] 61 Eurostat (2019). Unemployment rates, seasonally adjusted (July 2019). [online] Statistics Explained. Available at: https://ec.europa.eu/eurostat/statisticsexplained/index.php?title=File:Unemployment_rates,_seasonally_adjusted,_July_2019.png&oldid=44 8264 [Accessed 10 November 2019] 62 European Charter for Equality of Women and Men in local life (2019). The European Union and Gender Equality. [online] About the Charter. Available at: https://www.charter-equality.eu/thecharter/the-eu-and-gender-equality.html [Accessed 11 November 2019] 63 The European Commission (2015). Strategic Engagement for Gender Equality 2016-2019. 1st ed.[pdf]Luxembourg: Publications Office of the European Union. Available at: https://ec.europa.eu/antitrafficking/sites/antitrafficking/files/strategic_engagement_for_gender_equality_en.pdf [Accessed 11 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 15
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide such behaviors within its territory. In addition to that, the Union has adopted the “Gender Pay Action Plan”, which aims at facing the root causes of the gender payment gaps.64 However, there still is a need for further measures to combat this issue on a European level; monitoring the gender pay gap, through online analysis tools, verifying equal payment within a company or an organization could be proven as effective solutions, as in the case of Switzerland.65 Moreover, the obligatory publication of equal payment reports by companies, following the example of Austria, could also be used as a monitoring method. Apart from that, engaging in social dialogue and negotiations with stakeholders about such matters will assist settling working matters peacefully. One shall not ignore the significance of raising awareness measures, through the establishment of equal pay days, the organization of relative seminars and information events, in order to inform workers about their rights and sensitize the public. This process could be facilitated by civil society organizations, which are also a valuable assistant in combating discrimination in the workplace.66 Lastly, it is important to remember that workers that have faced discrimination in their working environment in the past may be hesitant to admit it or ask for help. Figure 2: Examples of discriminatory behavior Source: Equal Rights Advocates (2019). Gender Discrimination at work. [online] Know Therefore, the establishment of your rights at work. Available at: https://www.equalrights.org/issue/economicworkplace-equality/discrimination-at-work/ [Accessed 11 November 2019] hotlines that would assist people deal with problems in their workplace would help them confront their employers. These hotlines could also be helpful in cases of sexual harassment in the workplace, as, since sexual harassment can be acquainted in many forms, both verbal and physical, it is the view of the victim that defines an action as “sexual harassment” or not .67 Concluding, protection of pregnant workers and working mothers could be facilitated by the organization of consultation offices and legal services that would
64
The European Commission (2019). EU Action against pay discrimination. [online] Gender EqualityEqual Pay. Available at: https://ec.europa.eu/info/policies/justice-and-fundamental-rights/genderequality/equal-pay/eu-action-against-pay-discrimination_en [Accessed 11 November 2019] 65 The European Commission (2019). Combating pay discrimination in Member states. [online] Gender equality-Equal pay. Available at: https://ec.europa.eu/info/policies/justice-and-fundamentalrights/gender-equality/equal-pay/combating-pay-discrimination_en [Accessed 11 November 2019] 66 The European Commission (2019). Combating pay discrimination in Member states. [online] Gender equality-Equal pay. Available at: https://ec.europa.eu/info/policies/justice-and-fundamentalrights/gender-equality/equal-pay/combating-pay-discrimination_en [Accessed 11 November 2019] 67 Equal Rights Advocates (2019). Sexual harassment. [online] Know your rights at work. Available at: https://www.equalrights.org/issue/economic-workplace-equality/sexual-harassment/ [Accessed 11 November 2019]. EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 16
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide assist them during this challenging period to resolve problems that might occur with their employment. Discrimination based on origin
Recently, in the European Union there have been many incidents involving individuals being discriminated in their workplace, due to their racial or ethnic origin. Examples of direct discrimination based on origin include being refused a job opportunity simply because of one’s racial or ethnic origin, whereas indirect ones include the fluent use of a certain language, in order to apply for a working post, as not being able to do so, automatically excludes the individual from applying.68 In order to fully comprehend this issue, we need to distinguish amongst EU and non-EU citizens, as well as examine the status of migrants and refugees. The EU citizenship grants citizens privileges within the Union’s territory that are not granted to non-EU citizens.69 For instance, employers within the EU take greatly under consideration one’s EU citizenship and tend to prefer European employees than others. 70 On the other hand, even though, accessing the EU working environment is easier when possessing an EU citizenship, as EU employers often set as an obligatory criterion the possession of an EU citizenship in order to hire someone, non-EU citizens can also work within the EU.71 More precisely, non-EU citizens can be granted a “Work Permit”, or alternatively said a “Blue Card” that allows them to work in EU companies and organizations. 72 With regards to migrants and refugees, they tend to leave their home countries and arrive in the EU hoping to improve their living conditions; however, during their work applications, it is common that they face discrimination by their potential employees, due to their racial, ethnic, origin, language and religious differences, as for example, many employees might exclude them from the selection process.73
68
Citizens Advice (2019). Discrimination because of race. [online] Discrimination. Available at: https://www.citizensadvice.org.uk/law-and-courts/discrimination/discrimination-because-of-racereligion-or-belief/discrimination-because-of-race/ [Accessed 15 November 2019] 69 European Union (2019). EU Citizenship. [online] About the EU. Available at: https://europa.eu/european-union/about-eu/eu-citizenship_en [Accessed 15 November 2019] 70 European Union (2019). Working Abroad. [online] Work and Retirement. Available at: https://europa.eu/youreurope/citizens/work/work-abroad/index_en.htm [Accessed 15 November 2019] 71 European Commission (2019). Non-EU Nationals. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=470&langId=en [Accessed 15 November 2019] 72 European Union (2019). Work Permits. [online] Work and Retirement. Available at: https://europa.eu/youreurope/citizens/work/work-abroad/work-permits/index_en.htm [Accessed 15 November 2019] 73 European Commission (2019). Inclusion of Non-EU Migrants. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1274&langId=en [Accessed 15 November 2019]; European Commission (2019). Work. [online] Policies. Available at: EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 17
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide Discrimination based on religion
The fundamental human right to freedom of religion or belief is also protected within the EU legal system. More specifically, the Union focuses on the right of everyone to have a religion or not, and to freely manifest their beliefs.74 However, discriminatory behavior based on religion still occurs within the EU working sector, in cases for example of not hiring a qualified employee simply because of their religion or, granting them a lower salary for work of the same value.75 More precisely, the prohibition of wearing religious symbols in the workplace has been a matter of controversy within the EU, as the imposition of religious neutrality policy by many European companies may interfere with people’s right to express their beliefs. For example, according to the ECJ judgement of 14 March 2017, on the case Samira Achbita and Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions NV, answering to a Belgian preliminary ruling addressing a case where a Muslim worker was laid off because she refused to remove her hijab, the ECJ, guided by the Directive 2000/78, decided that a ban of religious symbols at work, does not pose discriminatory behavior, since it applies to employees of all religions. However, as the Court ruled, this general religious neutrality policy could evoke indirect discrimination, if it poses a disadvantage for female workers that wear a hijab. 76 However, one can also find different opinions, especially from the years before the aforementioned ECJ judgement; the German Constitutional Court (Bundesverfassungsgericht) in 2015, ruled that banning a teacher from wearing a hijab at work is unconstitutional and thus, such a measure shall be justified only if those symbols pose a threat to school peace or the religious neutrality of the state.77 On a different scope, many workers deny to engage in some duties included in their field of work, since “they go against their religious beliefs” 78 ; for example, some catholic doctors deny performing abortions. As far as conflicts between working times and https://ec.europa.eu/home-affairs/what-we-do/policies/legal-migration/work_en [Accessed 15 November 2019] 74 The European Commission (2019). Freedom of religion or belief. [online] International Cooperation and Development. Available at: https://ec.europa.eu/europeaid/sectors/human-rights-andgovernance/democracy-and-human-rights/freedom-religion-or-belief_en [Accessed 11 November 2019] 75 European Network of Equality Bodies (2017). Faith in Equality: Religion and Belief in Europe. [online] Faith in Equality: Religion and belief in Europe. Available at: http://equineteurope.org/2018/03/30/faith-inequality-religion-and-belief-in-europe/ [Accessed 11 November 2019] 76 EUR-Lex (2019). Judgment of the Court (Grand Chamber) of 14 March 2017. Samira Achbita and Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions NV. [online] Court Reports. Available at: https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=CELEX:62015CJ0157 [Accessed 18 November 2019] 77 Bundesverfassungsgericht (2015). Order of the First Senate of the 27th January 2015 1 BvR 471/10 -, paras. (1-31). [online] Decisions. Available at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2015/01/rs20150127_1bvr04 7110en.html [Accessed 18 November 2019] 78
Eurofound (2017). Religion at work. 1st ed.[pdf]. Dublin: Eurofound. Available at: https://www.eurofound.europa.eu/sites/default/files/ef1738_religion_in_the_workplace_topical_update.pdf [Accessed 11 November 2019]
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EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide religious duties are concerned, some employers grant employees permission and special leaves, in order to exercise those duties, while others consider it a discriminatory behavior towards the rest of the workers. Last but not least, in the case of employers closely affiliated with religion, such as churches and faith-based organizations that wish to be comprised only of religious workforce, balance must be achieved between the principle of non-discrimination and autonomy of religious collectives. As a result, since a common policy of all the EU members towards these problems is very hard to achieve, an adequate framework is necessary, especially now, that xenophobia and islamophobia are rising within the EU. Discrimination based on sexual orientation
Incidents of discrimination on grounds of sexual orientation, especially in the working environment are rather common in the EU. More specifically, individuals tend to face verbal discrimination by their employers or colleagues, because of their sexual orientation, leading them oftentimes into quitting their jobs.79 Cases of non-verbal, however indirect discrimination may involve the adoption of discriminatory policies and practices by companies and organizations, such as when employers offer benefits for the husband or wife of an employee, like an invitation to a company’s or organization’s event, and not to their civil partners of the same sex.80 In such cases, individuals that fall victims of discrimination on the grounds of their sexual orientation and sexuality preferences need to report these illegal actions against them, as discriminatory behavior is completely forbidden in the EU working sector. 81 Discrimination based on age
Discrimination based on one’s age is forbidden under the EU Directive 200/78/EC82, which protects employees of all ages.83 Precisely, victims of discrimination based on age in the workplace might be both older and younger employees. As far as older employees are concerned, they are often confronted with negative attitude, not only by their employers, but also by their co-workers, as they 79
Hugenduble, K. (2019). Employment. [online] Equality for Lesbian, Gay, Bisexual, Trans and Intersex People in Europe (ILGA Europe). Available at: https://www.ilga-europe.org/what-we-do/our-advocacywork/employment [Accessed 13 November 2019] 80 European Commission (2019). Combating discrimination in the workplace. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1437&langId=en [Accessed 13 November 2019] 81 European Parliament (2019). Anti-Discrimination Directive. 1st ed. [pdf] Brussels: The European Union. Available at: http://www.europarl.europa.eu/legislative-train/theme-area-of-justice-andfundamental-rights/file-anti-discrimination-directive [Accessed 13 November 2019] 82 European Commission (2019). Tackling discrimination at work. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=158&langId=en (Accessed 5 November 2019) 83 The European Commission (2019). Age Discrimination. [online] Combating discrimination. Available at: https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-discrimination/agediscrimination_en [Accessed 12 November 2019]. EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 19
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide stereotypically believe that that they are not as healthy, as productive, as skilled and as educated as their younger colleagues. 84 However, according to statistics, there is a generally positive attitude towards the older working population as the years go by, since the percentage of unemployment rates in the ages 55-64 in the EU was only 5.2 % in year 2018.85
Figure 3: Youth unemployment Figures 2008-2018
Figure 4: Key EU actions for youth
Source: Eurostat (2019). Youth Unemployment. [online] Unemployment Statistics. Available at: https://ec.europa.eu/eurostat/statisticsexplained/index.php/Unemployment_statistics#Youth_unemployment [Accessed 12 November 2019]
On the other hand, the EU is working towards reducing youth unemployment rates in its member states, within the wider target of achieving 75% of employment rate for the working-age population. Despite those efforts though, youth unemployment rates are very high in the EU.86 More in detail, assisting young people to enter and stay in the labor market promotes economic growth and improves living conditions, however it is challenging for them to make the transition from education to work.87 Generally, youth encounter difficulties in finding a job, either full time or part time, and tend to get dismissed more easily. Thus, the EU has enforced some key actions, with a view to adequately assist them; one of the most important financial EU initiatives for youth is the “Youth Employment Initiative”, which was launched in 2012 to provide support to youth living in areas with unemployment rates over 25%. This initiative especially supports youth not in education, employment or training, through providing funding 84
World Health Organization (2019). Ageism in the workplace. [online] Ageing and life-course. Available at: https://www.who.int/ageing/features/workplace-ageism/en/ [Accessed 12 November 2019]. 85 Eurostat (2019). Unemployment rate by age. [online] Unemployment rates by age. Available at: https://ec.europa.eu/eurostat/databrowser/view/tepsr_wc170/default/table?lang=en [Accessed 12 November 2019] 86 The European Commission (2019). Youth Employment. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1036 [Accessed 12 November 2019] 87 The European Commission (2019). Youth Employment. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1036 [Accessed 12 November 2019] EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 20
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide to companies for the initiation of apprenticeships, traineeships, job placements and further education that shall lead to adequate qualification. This action is complementary to others and particularly supported by the European Social Fund.88 Given that an employer’s decision not to hire a potential employee, simply because of his young age constitutes a discriminatory behavior, as well as that unemployment is an issue of high interest for the EU, the EPSCO configuration shall find a way to balance the interests of both parts and work towards combating any form of discrimination on grounds of age in the employment sector. Discrimination based on disability
Since the European Union, as well as all of its member states are parties to the United Nations Convention on the Rights of Persons with Disabilities, the Union has adopted a “European Disability Strategy for 2010-2020”, which aims to eliminate discrimination based on one’s disabilities.89 With regards to the working environment, the strategy includes adjustments, such as ramps and elevators, in order to render the workplace suitable for people with mobility issues. 90 However, despite these measures, there still are cases of discrimination based on disabilities in the workplace; for example, humiliation of the persons with disabilities, through nicknames and jokes are some of the most common occurrences. 91 Towards combating this type of discrimination and based on the current “European Disability Strategy”, victims of discrimination are encouraged to report such incidents. Lastly, given that there are various different viewpoints upon this particular issue across the Union’s member states, further common policies might need to be considered, so as to combat discrimination based on grounds of disabilities, and thus grant persons with disabilities the same rights as the rest of the EU citizens. 92
Recent Developments The EU has been continuously working, not only towards combating discrimination, but also, towards improving working conditions and enforcing labor rights within its The European Commission (2019). Youth Employment Initiative. (online) Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=1176&langId=en [Accessed 12 November 2019] 89 European Commission (2019). Rights of persons with disabilities. [online] International cooperation and development. Available at: https://ec.europa.eu/europeaid/sectors/human-rights-and-democraticgovernance/human-rights/anti-discrimination-movements/persons_en [Accessed 13 November 2019] 90 European Commission (2019). Tackling discrimination at work. [online] Employment, social affairs and inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=158&langId=en [Accessed 13 November 2019] 91 Inclusion Europe (2019). Discrimination at work. [online] Discrimination at work. Available at: https://www.inclusion-europe.eu/discrimination-at-work/ [Accessed 13 November 2019] 92 European Disability Forum (2019). The EU Framework on The Rights Of Persons With Disabilities. [online] The EU Framework on The Rights Of Persons With Disabilities. Available at: http://www.edf-feph.org/euframework-rights-persons-disabilities [Accessed 13 November 2019] 88
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EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide territory. With regards to ensuring workers’ rights, in November 2017, the Union proclaimed the “European Pillar of Social Rights”, which constitutes a joint responsibility of all EU institutions, member states and social partners; it addresses three main areas: equal opportunities and access to labor market, fair working conditions, social protection and inclusion.93 More in detail, the Union’s institutions shall set the general guidelines and legislate, when necessary, always with respect to the competence of each member state, as well as the particularity of each situation. Moreover, the progress of this initiative shall be monitored online, in order for the Commission to keep track of the performance of the EU member-states. On a different notice, as far as tackling the gender pay gap is concerned, in 2017, the European Commission adopted the “EU Action Plan 2017-2019: Tackling the Gender Pay Gap”. Its aim is to deal with the root causes of gender pay gap and comprises of 24 points, distributed in 8 main fields of action, which include improving the application of the equal pay principle, combating vertical segregation and segregation in occupations, uncovering stereotypes, fully taking advantage of each worker’s skills, efforts and responsibilities, informing about the gender pay gap and enhancing partnerships.94 Lastly, as the President of the Commission stated in the “Proclamation of the European Pillar of Social Rights”: “Today we commit ourselves to a set of 20 principles and rights. From the right to fair wages to the right to health care; from lifelong learning, a better work-life balance and gender equality to minimum income.”
Conclusion Τhe EU has taken a plethora of measures to combat discrimination with regards to labor rights and working conditions. However, such incidents are still common occurrences within the EU working sector, taking the forms of discriminatory behaviors on the grounds of one’s gender, origin, religion, sexual orientation, age and disability. Therefore, it is a great challenge for the EU to promote the enforcement of a non-discrimination policy addressing all aspects of the working environment and to ensure that no citizen, regardless of status and particular characteristics, is treated less favorably than others.
The European Commission (2019). European Pillar of Social Rights [online]. Priority Policy Areas. Available at: https://ec.europa.eu/commission/priorities/deeper-and-fairer-economic-and-monetaryunion/european-pillar-social-rights_en [Accessed 15 November 2019] 94 The European Commission (2019). EU Action against pay discrimination. [online] Gender Equality-Equal Pay. Available at: https://ec.europa.eu/info/policies/justice-and-fundamental-rights/gender-equality/equalpay/eu-action-against-pay-discrimination_en 93
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Questions Raised 1. Is there an adequate legal framework in the EU concerning nondiscrimination in the workplace? Are the legal documents concerning labor law and working conditions enough? 2. How can the principle of non-discrimination be enshrined in the EU territory? 3. In which ways can the EU institutions combat all forms of discrimination on grounds of gender? 4. How can equality of payment between genders be achieved within the EU? 5. What actions could be taken against discrimination on grounds of origin concerning EU Citizens? 6. How could the EU ensure the inclusion of migrants and refugees in working life? 7. Which are the forms of discrimination on religious grounds? What could the EU do towards combating discrimination based on religion? 8. In which ways can the EU protect LGBTQ+ workers from discrimination? 9. What could be done in an EU level to ensure inclusion of workers of all ages? 10. How can EU institutions ensure inclusion of people with disabilities in the workplace? 11. How can the EU combat discrimination in the workplace via the further cooperation with third-party organizations (e.g. ILO, UN)?
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EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide equality/equal-pay/combating-pay-discrimination_en [Accessed 11 November 2019] 77. The European Commission (2019). EU Action against pay discrimination. [online] Gender Equality-Equal Pay. Available at: https://ec.europa.eu/info/policies/justice-and-fundamental-rights/genderequality/equal-pay/eu-action-against-pay-discrimination_en [Accessed 11 November 2019] 78. The European Commission (2019). European Pillar of Social Rights [online]. Priority Policy Areas. Available at: https://ec.europa.eu/commission/priorities/deeper-and-fairer-economicand-monetary-union/european-pillar-social-rights_en [Accessed 15 November 2019] 79. The European Commission (2019). Freedom of religion or belief. [online] International Cooperation and Development. Available at: https://ec.europa.eu/europeaid/sectors/human-rights-andgovernance/democracy-and-human-rights/freedom-religion-or-belief_en [Accessed 11 November 2019] 80. The European Parliament (2019). Treaty of Rome (EEC). [online] The Parliament and the Treaties. Available at: https://www.europarl.europa.eu/about-parliament/en/in-the-past/theparliament-and-the-treaties/treaty-of-rome [Accessed 17 November 2019] 81. The United Nations- Refugees and Migrants (2019). Definitions. [online] Compact for Migration. Available at: https://refugeesmigrants.un.org/definitions [Accessed 19 November 2019] 82. United Nations- Free and Equal (2019). Definitions. [online] Definitions. Available at: https://www.unfe.org/definitions/ [Accessed 6 November 2019]
Further Reading 1. European Equality Law Network (2019). Legal Developments. [online] Legal Developments. Available at: https://www.equalitylaw.eu/legal-developments [Accessed 15 November 2019] 2. European Youth Portal (2019). European Solidarity Corps. [online] European Solidarity Corps. Available at: https://europa.eu/youth/solidarity_en [Accessed 12 November 2019] 3. Kidner, R. (2015).Blackstone’s Statutes to Employment Law. 25th ed. [pdf].Oxford: Oxford University Press. Available at: https://books.google.fr/books?id=5ilUCgAAQBAJ&pg=PA448&lpg=PA448&dq =*%20access%20to%20employment%2C%20including%20promotion%20*%2 0access%20to%20vocational%20training%20*%20working%20conditions%2C EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 32
EUropa.S. 2020 the Council of the European Union, “Enhancing Anti-Discrimination in the EU with regards to Working Conditions and Labor Rights” Study Guide %20including%20pay%20*%20occupational%20social%20security%20scheme s&source=bl&ots=sj7Kryik20&sig=ACfU3U1xmvQnZf7AlhDOAIdKAN3hzbOc7A &hl=fr&sa=X&ved=2ahUKEwjlkpLn2MblAhVQzYUKHe68BbcQ6AEwBXoECAU QAQ&fbclid=IwAR2BxUmeZaSeFlD3Ii2IAoa80j2Ez8sLw3VfkU3ltgs0rWvhg1inK-OaeI#v=onepage&q&f=false [Accessed 9 November 2019] 4. The European Commission (2017). European Pillar of Social Rights-booklet. [online] European Pillar of Social Rights. Available at: https://ec.europa.eu/commission/publications/european-pillar-social-rightsbooklet_en [Accessed 15 November 2019] 5. The European Commission (2019). Employee Involvement - Framework on Information and Consultation. [online] Employment, Social Affairs and Inclusion .Available at: https://ec.europa.eu/social/main.jsp?catId=707&langId=en&intPageId=210 [Accessed 9 November 2019] 6. The European Commission (2019) Equal pay factsheet. [online] Gender Equality. Available at: https://ec.europa.eu/info/sites/info/files/factsheetgender_pay_gap-2019.pdf [Accessed 11 November 2019] 7. The European Commission (2019). Gender Equality Strategy. [online] Gender Equality. Available at: https://ec.europa.eu/info/policies/justice-andfundamental-rights/gender-equality/gender-equality-strategy_en [Accessed 13 November 2019] 8. The European Commission (2019). Investing in Europe’s Youth. [online] Employment, Social Affairs and Inclusion. Available at: https://ec.europa.eu/social/main.jsp?catId=950&langId=en [Accessed 12 November 2019]
EUropa.S. 2020, April 10-13, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 33