WRITTEN QUESTION E-2319/03 by Philip Claeys (NI) to the Commission. For Diversity, Against Discrimination campaign.
Date: 2003-07-14
Institutions: European Parliament, Provisional data
Subjects: business policy, equal treatment, linguistic discrimination, public awareness campaign, recruitment

6.2.2004

EN

Official Journal of the European Union

C 33 E/247

(2004/C 33 E/254)

WRITTEN QUESTION E-2306/03

by Philip Claeys (NI) to the Commission

(14 July 2003)

Subject:

‘For Diversity, Against Discrimination’ campaign (cid:1) indirect discrimination

On 16 June 2003, Mrs Diamantopoulou, Member of the Commission, launched her ‘For Diversity, Against
Discrimination’ campaign. One of the aspects of discrimination referred to on the campaign website is
what is known as indirect discrimination. The following instance is quoted: An example of indirect
discrimination is requiring all people who apply for a certain job to pass a test in a specific language, even
though knowledge of that language is not necessary for the job. This test might exclude more people
whose first language is not the language tested.

That concerns a problem which, to date, has indeed been neglected. Quite a number of undertakings and
organisations active on the margins of the European institutions in Brussels apply language criteria to job
applicants which discriminate against the local populace. Furthermore, as regards job advertisements, the
practice is widespread of applying the criterion not that the person appointed must have a knowledge of
languages as such but that he/she must be a native speaker.

How is Commission planning to resolve the problem of indirect discrimination based on unfair language
requirements in its ‘For Diversity, Against Discrimination’ campaign? What specific measures are planned
in this area?

(2004/C 33 E/255)

WRITTEN QUESTION E-2319/03

by Philip Claeys (NI) to the Commission

(14 July 2003)

Subject:

‘For Diversity, Against Discrimination’ campaign

The campaign to encourage diversity and combat discrimination is a multiannual project and has started
with discrimination at the workplace. Workers in undertakings criticised for not being sufficiently diverse
are depicted as a set of crash-test dummies. On the campaign website and in its pamphlets, an idyllic
picture is painted of firms which feature ‘diversity’: diversity results in enhanced motivation for the
workers, in improved creativity, even in larger profits.

In a large number of areas, however, businesses are operating which, with regard to ethnic diversity, are
not ’diverse’, although they are efficient, creative and innovative (cid:1) in part because of the diversity of the
talents and capabilities of their workforce. Although a large number of undertakings employ few workers
from ethnic minorities, that is not because they are pursuing any kind of discriminatory policy. In many
cases, persons from ethnic minorities do not generally possess the qualifications required, sometimes
because of a lack of knowledge of languages and of the high school dropout rates of such minorities.

What mechanisms will be incorporated into the campaign with a view to preventing undertakings which
operate in good faith from being stigmatised because of their ’lack’ of ethnic diversity?

Is the Commission aware of the danger that undertakings (cid:1) under pressure from European or other
governmental campaigns (cid:1) might resort to what is known as ’affirmative action’, with better qualified
applicants being rejected on the grounds that they are not members of an ethnic minority? What measures
is the Commission thinking of taking so as to counter such perverse effects of diversity campaigns?

Joint answer
to Written Questions E-2305/03, E-2306/03 and E-2319/03
given by Mrs Diamantopoulou on behalf of the Commission

(26 August 2003)

The initiative referred to by the Honourable Member is designed to inform people of their new rights and
obligations under the two anti-discrimination Directives based on Article 13 of the EC Treaty that were
adopted in 2000 (1). The campaign is funded under the awareness-raising strand of the Community action
programme to combat discrimination (2).

C 33 E/248

Official Journal of the European Union

EN

6.2.2004

The campaign website will soon be available in all Union languages. The different language versions of the
campaign materials are in the process of being finalised,
following consultations with the relevant
stakeholders (national authorities, the social partners and non-governmental organisations (NGOs)) on the
adaptation of the campaign materials in each Member State. The initial presentation of the website in three
languages was intended to avoid delays in the launching of the campaign. This way of proceeding is in line
the
with the practice adopted for other websites of
Parliament, where some pages are available in a limited number of languages. It is in the interest of
transparency to make information available as soon as possible rather than to wait for the availability of all
Community languages.

the Community Institutions,

including that of

the application of

The Honourable Member also asks about
language tests for certain jobs and
requirements concerning the level of knowledge requested. On the discriminatory practice of applying
‘mother tongue’ or ‘native speaker’ qualifications in job advertisements, the Commission explained its
position concerning this problem in general in numerous replies to written questions. The Honourable
Member is therefore referred to the replies of the Commission given to Written Questions: No E-4100/00
by Mr Staes (3), E-0779/01 by Mr Staes (4), E-1356/01 by Mr Gemelli (5), E-1681/01 by Mr Staes (6), E-1682/
01 by Mr Staes (6), E-2331/01 by Mr Ferrer (7), E-2900/01 by Mr Staes (7), E-2901/01 by Mr Staes (7),
E-2944/01 by Mr Staes (7), E-3189/01 by Mr Rothley (7), E-3572/01 by Mr Staes (8), E-0941/02 by
Mr Staes (9), E-2764/02 by Mr Staes (10), E-1733/03 by Mr Leinen (11) and E-2018/03 by Mr Staes (12).

With regard to the Honourable Member’s question about ‘affirmative action’, the case-law of the Court of
Justice in sex discrimination cases (13) sets clear limits to the scope of measures designed to overcome the
disadvantages suffered by particular groups in the labour market. These limits prohibit the use of measures
which promote the appointment of workers who are less well qualified for the job on the grounds that
they are members of a disadvantaged or discriminated group.

Finally, the Commission sees no risk of firms which are acting ‘in good faith being stigmatised because of a
lack of ethnic diversity’.

(1) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons
irrespective of racial or ethnic origin (cid:1) OJ L 180, 19.7.2000 and Council Directive 2000/78/EC of 27 November
2000 establishing a general framework for equal treatment in employment and occupation (cid:1) OJ L 303, 2.12.2000.
(2) Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat

discrimination (2001 to 2006) (cid:1) OJ L 303, 2.12.2000.

(3) OJ C 174 E, 19.6.2001.
(4) OJ C 235 E, 21.8.2001.
(5) OJ C 350 E, 11.12.2001.
(6) OJ C 93 E, 18.4.2002.
(7) OJ C 134 E, 6.6.2002.
(8) OJ C 160 E, 4.7.2002.
(9) OJ C 229 E, 26.9.2002.
(10) OJ C 92 E, 17.4.2002.
(11) OJ C 11 E, 15.1.2004, p.221.
(12) See page 201.
(13) e.g. judgements in C-450/93 Kalanke of 17.10.1995; C-409/95 Marschall of 11.11.1997.

(2004/C 33 E/256)

WRITTEN QUESTION E-2314/03

by Paul Rübig (PPE-DE) to the Commission

(14 July 2003)

Subject: Restriction of market access of plasma-derived medicinal products in Japan

The Japanese Diet passed new legislation in 2002 requesting annual forecasts of anticipated shipments by
domestic and foreign manufacturers of blood- and plasma-derived products. Although one purpose of this