Conclusions

• Author: Tina Weber - Catherine Cerf
• Pages: 51-52

51

Discrimination on the grounds of age, disability, race

and ethnicity, religion or belief, sexual orientation and

gender identity remain widespread, both at the

workplace and in wider society. Discrimination and the

lack of workplace diversity bring with them significant

human, as well as economic, costs. Social partners have

a key role to play in combating discrimination at work

(as well as in wider society). They can do so by – among

other things – helping to shape relevant legislation and

policy, raising awareness of the rights and obligations of

workers and employers, monitoring workplace

practices, concluding collective agreements,

implementing codes of conduct, undertaking research,

supporting their members in case of litigation

concerning equal treatment and engaging in strategic

litigation.

The principle of non-discrimination is enshrined in the

EU Charter of Fundamental Rights. The European Pillar

of Social Rights underlines the right to equal treatment

and opportunities for everyone. EU secondary law, in

particular the Employment Equality Directive and the

Race Equality Directive, prohibits discrimination on the

grounds of age, religion, disability, sexual orientation

and racial/ethnic origin at the workplace. Both

directives call on Member States to ‘take adequate

measures to promote dialogue between the social

partners, with a view to fostering equal treatment’.

Member States must encourage social partners to

conclude collective agreements laying down non-

discrimination rules, affording at least the minimum

protection enshrined in the two EU non-discrimination

directives.

Eurofound’s European Working Conditions Survey

(EWCS) shows that between 2005 and 2015, the share of

respondents declaring that they had experienced

discrimination in the workplace increased from 5% to

7%, with varying levels and trend developments

reported in different Member States. Among these

grounds, age discrimination was the most common,

and was more frequently reported by both younger

and older workers. National-level data utilising different

methodologies and targeting different populations

(and hence not comparable) tend to record higher

shares of workers experiencing discrimination in the

labour market.

Despite the development of EU- and national-level

legislation aimed at countering workplace

discrimination, a number of important and specific

challenges remain to be addressed in order to tackle

different grounds of workplace discrimination, and

there is equally an important degree of overlap in this

regard. Common challenges include the persistence of

stereotypes and low awareness of rights and obligations

on the part of employers and workers. There are also

challenges with enforcement, linked to:

unwillingness to make complaints/bring

discrimination cases (due to fear of negative

employment/career impact, lack of financial and

practical support to bring cases, and so on)

difficulties in demonstrating discrimination (for

example, getting proof)

limited restitution (low financial sanctions or lack of

access to/challenges related to re-instatement in

cases of discrimination claims linked to dismissals)

low capacity among agencies responsible for

enforcement

low capacity among social partners to introduce

measures and to support discrimination cases

(increasingly, since the implementation of austerity

measures)

Shortcomings in the implementation of legislation and

policies to tackle discrimination include insufficient or

inadequate design of (and access to) targeted active

labour market policy measures for disadvantaged

groups facing discrimination, the lack of emphasis in

policy action on the benefits of a diverse workforce,

and limited evidence based on trend developments in

workplace discrimination on different grounds.

Both trade unions and employers arguably have a

common interest in promoting a workplace free from

discrimination. Although the first mission of trade

unions is to protect and advance the interests of their

members in the workplace, their role extends beyond

the workplace, not least because advancements in

working conditions impact on workers’ living conditions

and can thus have spill-over effects for society as a

whole. Discrimination harms companies and societies in

different ways, for instance by impacting negatively on

workers’ performance and placing barriers in the labour

market that can limit access to skills and human capital.

A lack of organisational diversity also means that

enterprises fail to reflect their customers, with knock-on

negative economic effects. Hence, the so-called

‘business case’ for non-discrimination has been made.

Research carried out for this report found that the issue

of workplace discrimination is on the radar of social

partner organisations in most countries, with variations

on the focus placed on different forms of discrimination.

Overall, age and disability discrimination are most

frequently seen to be on the radar of the social partners

at cross-industry level, with discrimination on the basis

of religion and belief and sexual orientation/gender

identity considered to be on the radar of cross-industry

5Conclusions