Main challenges in relation to workplace discrimination

• Author: Tina Weber - Catherine Cerf
• Pages: 29-31

29

The data presented in the previous chapter

demonstrate that a number of challenges clearly remain

in tackling workplace discrimination. This section first

gives an overview of the cross-cutting challenges

identified, which can be considered to be relevant to all

grounds of discrimination, and subsequently discusses

some remaining issues linked to the specific grounds of

discrimination.

Cross-cutting challenges

A high degree of overlap was found among the key

challenges remaining across all grounds of

discrimination that are linked to tackling workplace

discrimination. These can be classified as follows:

the persistence of stereotypes

low awareness of the rights and obligations on the

part of employers and workers

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, etc.)

 difficulties in demonstrating discrimination (for

example, accessing proof)

 limited restitution (low financial sanctions or lack

of access to/challenges related to reinstatement

in cases of discrimination claims linked to

dismissals)

 low capacity among agencies responsible for

enforcement

 low capacity among social partners to implement

measures and support discrimination cases

(increasingly since the implementation of

austerity measures)

shortcomings in the implementation of legislation

and policies to tackle discrimination, such as:

 insufficient or inadequate design of – and access

to – targeted active labour market policy

measures for disadvantaged groups also facing

discrimination

 lack of emphasis on policy action regarding the

benefits of a diverse workforce

limited evidence base on trend developments in

workplace discrimination on different grounds

Challenges relating to different

grounds of discrimination

In addition, a number of remaining challenges were

highlighted, linked to specific forms of discrimination,

which are summarised below.

Age

For older workers, discrimination is often linked to

stereotypes related to the perceived higher likelihood of

older workers taking time off sick and their perceived

inability or unwillingness to learn new skills and adapt

to changing workplace tasks and situations. In countries

with highly seniority-based pay systems (for example,

Austria and Belgium), the perceived higher cost of

recruiting older workers can also act as an obstacle to

effective labour market re-integration. Examples of

case law reviewed in this report also demonstrate that

discrimination based on such attitudes and perceptions

continues to play a role in the difficulties experienced by

older workers in obtaining new employment once

unemployed. In a number of countries, it is highlighted

that the extent to which older workers experience such

challenges in the recruitment process is linked to

economic cycles and tends to diminish in a buoyant

economy.

Stereotypes can also impact on younger workers, who

are perceived as lacking the experience and appropriate

skills for the workplace.

In Hungary, a change in the taxation system, which

means that employing pensioners in the private sector

is exempt from taxes and duties (with the exception of

personal income tax) has further disadvantaged older

workers of pre-pension age, as it is now more financially

advantageous for employers to recruit pensioners

rather than older individuals of pre-pension age.

Other age-related challenges include:

more limited access to (in-work) training

opportunities for older workers due to the

stereotypical attitudes of employers and workers

themselves

discriminatory selection processes for redundancy,

leading to older workers being more likely to lose

their jobs

lack of clarity among employers on the criteria that

can be used to determine selection for redundancy

or wage-setting systems

3 Main challenges in relation to

workplace discrimination