Introduction

• Author: Tina Weber - Catherine Cerf
• Pages: 7-7

7

According to a recent Eurobarometer survey, despite

some improvements since 2015, an important share of

Europeans believe that discrimination is widespread in

their country (European Commission, 2019). Perceived

discrimination is most significant on the grounds of

being Roma (61% of Europeans consider this

discrimination to be widespread), followed by ethnic

origin and skin colour (59% for both), sexual orientation

(53%), being transgender (48%), religion or belief (47%),

disability (44%), being too young or too old (40%), being

intersex (39%) and being a man or a woman (35%).

Almost one in five (17%) Europeans indicated that they

felt personally discriminated against or had experienced

harassment in the previous 12 months on one or more

grounds. This number rises considerably for those who

consider themselves to be part of a minority.

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/or

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 or 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.

The European Commission issued an ad hoc request to

Eurofound to provide an input for the Commission’s

upcoming report on the implementation of the two anti-

discrimination directives, scheduled for the end of 2020.

Eurofound invited its Eurofound Network of

Correspondents to provide information on the actions

and achievements of the social partners in this area,

focusing in particular on collective agreements and

monitoring workplace practices, including data

collection, litigation (strategic and other) and conflict

resolution. The network were also asked to look into

initiatives across various countries regarding awareness

raising and guidance, as well as good practices and

debates related to discrimination on the

aforementioned grounds.2 In addition, the research set

out to examine the current situation in relation to issues

of discrimination in the workplace on different grounds

and existing legislation/case law and policy, including

the main trends and challenges.

This report summarises the information gathered

through a literature review and the inputs provided by

the Network of Eurofound Correspondents to the ad hoc

request in early 2020.

Introduction

Definitions used in the research

Direct discrimination: when a person is treated less favourably than another is, has or would be treated in a

comparable situation on the grounds of race or ethnicity, religion or belief, disability, age or sexual orientation.

Indirect discrimination: where an apparently neutral provision would put persons having a particular race or

ethnic origin, religion or belief, disability, age or sexual orientation at a disadvantage compared with other

persons, unless that provision, criterion or practice is objectively justified by a legitimate aim.

Harassment: any form of discrimination when unwanted conduct related to any of the grounds of discrimination

takes place with the purpose or effect of violating the dignity of a person and creating an intimidating, hostile,

degrading, humiliating or offensive environment.

Source: Council Directive 2000/78/EC, Articles 2(a), 2(b) and 3

2Sex discrimination is not specifically covered by this report. However, gender identity or transgender discrimination is addressed in several places; also,

sex discrimination may be included under intersectional measures (addressing various grounds of discrimination).