Combating discrimination in the European Union.
Date: 2006-02-24
Institutions: Directorate-General for Employment, Social Affairs and Inclusion
Subjects: European social policy, anti-discriminatory measure

An initiative of the European Union

Combating 
discrimination

in the European Union 

Vladimir Špidla, 
European Commissioner 
for Employment,
Social Affairs and 
Equal Opportunities

Foreword
by Commissioner
Vladimir Špidla 

Every day across the European Union people 

are  being  prevented  from  participating  to 
their full ability in work and society because of 
prejudice and discrimination. This is why legisla-
tion  has  been  introduced  to  give  people  equal 
rights and to help tackle the barriers they face. 

European legislation makes it illegal to discrimi-
nate in employment and training on the grounds 
of religion and belief, disability, age and sexual 
orientation.  It  also  prohibits  discrimination  on 
the grounds of racial or ethnic origin, in employ-
ment  and  training  and  other  areas  of  daily  life 
such as education, housing and healthcare. 

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The  rules  can  help  protect  people  against  dis-
crimination and harassment. They allow people 
who  have  been  discriminated  against  to  have 
access to law courts, tribunals or other adminis-
trative means to pursue their complaint. A non-
governmental  body,  association  or  trade  union 
can  also  act  on  their  behalf.  And  an  equality 
body must also be designated by each Member 
State to support people who have faced discrim-
ination and to promote equal treatment. 

The  European  Union  is  helping  support  these 
legal changes by financing research, projects and 
organisations in the field of combating discrimi-
nation. Hundreds of different activities are being 
financed from training lawyers and judges on the 
new  rules  to  challenging  prejudice  and  discrimi-
nation in media and sport. We are also working 
hard  to  raise  awareness  of  antidiscrimination 
legislation as well as diversity and discrimination 
issues, more generally.

For  this  reason,  2007  has  been  designated  as 
the  European  Year  of  Equal  Opportunities  for 
All.  The  aim  of  the  Year  will  be  to  inform  peo-
ple of their rights, to celebrate diversity and to 
promote  equal  opportunities  for  everyone  in 
the Union, be it in economic, social, cultural or 
political  life.  In  tackling  discrimination,  in  pro-
moting fair and equal treatment, all of us in the 
European Union stand to gain.

Vladimir Špidla 

European Commissioner for Employment,

Social Affairs and Equal Opportunities 

3

Rights and 

>> The Union is founded on the principles of liberty, democracy,
respect for human rights and fundamental freedoms … principles
which are common to the Member States. << 
Article 6(1) Treaty on European Union

>  The European Community has long been active in the fight 

against discrimination. Indeed, at the time of its creation one of 
its most pressing missions was to reconcile a continent divided by 
nationalistic and ethnic conflicts. For many years the focus was on 
preventing discrimination on the grounds of nationality and sex. 
Since 1999, the Community has had new far-reaching powers to 
combat discrimination on the grounds of racial or ethnic origin, 
religion or belief, disability, age and sexual orientation, and the 
power to combat sex discrimination has also been widened.

4

obligations

under European antidiscrimination legislation

What is the EU doing to 
combat discrimination?

>  Two European laws or ‘Directives’ banning 
discrimination were adopted unanimously 
by the European Union Member States in 
2000. Each country had until 2003 to imple-
ment these rules into national law. For the 
provisions on age and disability, Member 
States could request an extension to the 
end of 2006 for implementation. As well 
as the laws, the EU also finances projects, 
organisations, research and awareness-rais-
ing in the field of combating discrimination.

What areas of 
discrimination are 
covered by the laws?

>  The legislation adopted in 2000 prohibits 

discrimination in employment and training 
on the grounds of racial or ethnic origin, 
sexual orientation, religion or belief, age 
and disability. The rules on racial discrimina-
tion also cover other areas such as educa-
tion, social security, healthcare, access to 
goods and services and housing. Discrimina-
tion between men and women is covered by 
separate legislation (see page 10).

Frequently asked questions

Who is protected 
against discrimination?

>  Everybody in the territory of the Union is 
protected against discrimination on the 
grounds mentioned above.

What does 
discrimination mean?

>  Both direct and indirect discrimination are 

prohibited by the rules.

>  Direct discrimination occurs when a person 
is treated less favourably than another in a 
comparable situation because of their racial 
or ethnic origin, religion or belief, disability, 
age or sexual orientation.

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For example:
>  a 40-year woman applies for a job as a shop  
assistant in a clothes store but when she
gets to the interview she is told that the 
firm only recruits people in their 20s. 

>  a Nigerian couple is looking for a new 

apartment to rent – when they go to visit 
one they are told by the landlord that he 
cannot consider them as tenants as the 
neighbours would object to having black 
people in the apartment block. 

>  However, in reality discrimination often 

takes more subtle forms. That is why indi-
rect discrimination is also covered. This 
occurs when a seemingly neutral provision 
or practice is applied to all groups but has a 
disproportionate effect on the members of 
one group.

>  Example of indirect discrimination: 

An employer decides to exclude job applicants 
who live in a certain area of a city. A higher 
proportion of Roma, however, live in that 
area. This would put Roma candidates at a 
disadvantage and they would therefore be 
discriminated against indirectly.

Indirect discrimination is only permitted if it 
can be objectively justified by a legitimate aim. 

For example:
A construction company could insist that all 
workers on a dangerous building site wore safety 
hats. This would have a negative impact, for 
example, on Sikhs who are required to wear tur-
bans. Because of the health and safety need this 
would not constitute unlawful discrimination.

What about harassment 
and victimisation?

>  Harassment with the purpose or effect of 

violating the dignity of a person on grounds 
of racial or ethnic origin, religion or belief, 
disability, age or sexual orientation and 
creating an intimidating, hostile, degrading, 
humiliating and offensive environment is 
prohibited by the rules.

>  Victimisation is also prohibited. This is where 
someone is treated badly or differently for 
having made a complaint about discrimina-
tion or supporting a colleague who has 
made a complaint.

6

 
 
 
What does this mean 
for employers?

>  The rules apply to all private and public 

sector employers. The Directive also covers 
conditions for access to self employment 
and occupation. All employers will need to 
review their employment practices to make 
sure that they are not discriminating directly 
or indirectly for example in recruitment 
procedures, selection criteria, pay and pro-
motions, dismissals or access to vocational 
training. The antidiscrimination rules apply 
to all stages of the employment contract 
from recruitment through to termination.

What duties do employ-
ers have with regard to a 
person with a disability?

>  Employers have a duty of “reasonable 

accommodation” in respect of candidates 
or employees with a disability. Employers 
must take appropriate measures to enable 
a person with a disability to have access to 
employment and training unless doing so 
would impose a disproportionate burden on 
the employer. “Reasonable accommodation” 
may include, for example, providing wheel-
chair access, adjusting working hours or sim-
ply redistributing tasks between members of 
a team. To determine the disproportionate 
burden, account should be taken in particu-
lar of the financial and other costs entailed, 
the scale and financial resources of the 
organisation and the possibility of obtaining 
public funding or any other assistance. 

Anne-Sophie Parent,
President, Platform of
European Social NGOs
(www.socialplatform.org)

“Employers  who  invest  in  a  workplace  free 

from  discrimination  and  in  a  diverse  work-

force are making the right choice. They gain 

from  a  more  human  work  environment  and 

the  experience  of  personnel  who  reflect 

the  diversity  of  consumers  and  users  of 

their  services.  Discrimination  destroys  lives, 

marginalises  individuals,  and  prevents  the 

development of a positive work environment 

based on inclusion, respect and team spirit.

As a coalition of European social NGOs with 

roots in many different parts of civil society, 

the Social Platform is also strongly aware of 

the need to address multiple discrimination, 

where  individuals  are  discriminated  against 

on the basis of more than one ground.”

7

“As  a  bridge  between  European  and  organised  civil  society,  the  European 

Economic  and  Social  Committee  strongly  endorses  EU  efforts  for  a  diverse 

and  discrimination-free  workplace  and  society.  It  is  therefore  well  placed  to 

help promote such a dialogue. I am truly convinced that all EU residents should 

enjoy a minimum level of protection and rights of legal redress against discrimi-

nation.  This  would  also  strengthen  economic  and  social  cohesion  within  the 

Union. I am confident that better dialogue based on good practice, between 

business, trade unions and other social and economic actors, could show that 

equal  treatment  in  employment  and  occupation  can  improve  both  economic 

performance and social inclusion.”

What do businesses 
stand to gain from 
these rules?

>  A growing number of European companies 

are adopting diversity and equality strategies 
not only for ethical and legal reasons but also 
for the business benefits they are expected to 
deliver. Among the most important of these 
benefits are enhanced employee recruitment 
and retention from a wider pool of high qual-
ity workers, improved corporate image and 
reputation, greater innovation and enhanced 
marketing opportunities.

Anne-Marie Sigmund, 
President, European 
Economic and Social 
Committee (www.ces.eu.int)

Renaldas Vaisbrodas, President 
of the European Youth Forum 
(www.youthforum.org)

“Young people must be at the core of the development of cohesive, yet diverse civil societies that are based on 

respect  for  human  rights  and  democratic  principles.  Youth  organisations  play  a  key  role  in  this  objective,  by 

promoting those values and offering young people a space for active participation and engaged citizenship. We 

recognise that not all young people have equal opportunities to participate and that many suffer from dis-

crimination. The European Youth Forum and its member organisations are committed to work for equal oppor-

tunities for all and against all types of discrimination. This can only be done through partnership and coopera-

tion  with  the  European  and  international  institutions  while  organising  non-formal  education  programmes, 

employment initiatives aimed at securing decent jobs for all young people, and human rights education.”

8

Are there exceptions to 
the general prohibition 
of discrimination?

>  The legislation allows limited exceptions 
to the principle of equal treatment, for 
example to preserve the ethos of religious-
based organisations, or to allow measures 
to promote the integration of older or 
younger workers into the labour market. 
There may also be a need for the job 
holder to have a particular profile, e. g. it 
would not be unreasonable to hire a black 
actor to play Nelson Mandela. Such excep-
tions are however, strictly limited.

How can people who 
have been discriminated 
against make a complaint?

Josep Borrell Fontelles, 
MEP, President of the 
European Parliament 
(www.europarl.eu.int)

“Respect for diversity is fundamental for the 

European Union. Nevertheless, Europe is not 

immune  to  intolerance  and  discrimination. 

The European institutions condemn any kind 

of  discrimination  and  work  together  to  pre-

vent  discrimination  within  the  framework, 

according  to  article  13  of  the  Treaty  of  the 

European  Community  and  the  Charter  of 

Fundamental  Rights.  The  European  Parlia-

>  Under the legislation, Member States are 

ment,  as  the  institution  representing  all  the 

obliged to give victims of discrimination the 
right to make a complaint through a judicial 
or administrative procedure and that appro-
priate penalties are imposed on those who 
have discriminated. 

citizens  of  the  Union,  is  strongly  committed 

to the fight against discrimination and racism. 

It  will  continue  to  demand  the  existence  of 

appropriate  legislation  at  a  European  level 

against racism and xenophobia.” 

>  Under the rules in civil and administrative 

cases, the burden of proving discrimination is 
shared between the person who has experi-
enced discrimination and the alleged discrimi-
nator. This will make it easier for people who 
have been discriminated against to prove it.

9

What help is available to 
people who have been 
discriminated against?

>  The EU legislation on racial discrimination 
requires Member States to designate bod-
ies for the promotion of equal treatment 
which will provide independent assistance 
to the victims of discrimination, conduct 
surveys and studies and publish independ-
ent reports and recommendations. Victims 
of discrimination may also be supported by 
a non-governmental organisation or a trade 
union. For a list of these bodies see: http://
europa.eu.int/comm/employment_social/
fundamental_rights/rights/neb_en.htm

In a number of EU countries such bodies also 
deal with discrimination on other grounds, e. g. 
against gays and lesbians and people with dis-
abilities.

What about equality 
between the sexes?

>  Sex discrimination is covered by separate EU 
legislation. This is because action on sex 
discrimination has a long history at Euro-
pean level, going right back to the begin-
nings of the European Community. There 
is a large amount of European legislation 
on this topic and financial support avail-
able. More information about this issue is 
available at:
http://europa.eu.int/comm/employment_
social/equ_opp/index_en.htm

John Monks, General Secretary 
of ETUC (European Trade Union
Confederation – www.etuc.org)

“At  its  Prague  congress  in  2003,  the  ETUC 

made a strong commitment to campaigning

against  all  forms  of  discrimination.  Trade 

unions  across  Europe  are  currently  working

to  ensure  that  the  two  equal  treatment 

directives  are  correctly 

integrated 

into 

national  law  and  that  the  principle  of  equal 

treatment  at  the  workplace 

is  properly 

applied.  For  the  trade  union  movement, 

diversity policies must go hand-in-hand with 

active  trade  union  membership.  For  their 

part,  trade  unions  must  promote  equal 

treatment  between  people  in  their  own 

ranks  and  in  all  their  decision-making  bodies 

and structures.”

10

What is multiple 
discrimination?

>  Most people have multiple identities: every-
one has an age, a gender, a sexual orienta-
tion and an ethnicity; many have or acquire a 
religion or a disability as well. Because people 
have multiple identities, more than one fac-
tor can underlie discrimination. For example, 
a woman from an ethnic minority back-
ground could experience both sex discrimina-
tion or race discrimination or a combination 
of the two. A Roma man with disabilities may 
also face prejudice on more than one level.

When did the legislation 
take effect?

>  The antidiscrimination rules had to be 
incorporated into national law by the 
Member States. The deadline for incorpo-
rating the rules on racial equality was 19 
July 2003. The deadline for the rules on 
sexual orientation, religion or belief, dis-
ability and age was 2 December 2003. The 
Member States could also have requested 
an additional period of up to three years 
to bring their legal systems into line with 
the provisions on disability and age.

Ernest-Antoine Seillère,
President of UNICE
(Union of Industrial and 
Employers’ Confederations 
of Europe – www.unice.org)

“UNICE  is  firmly  committed  to  equality  and 

diversity  in  employment.  Business  benefits 

when  employees  are  recruited,  trained  and 

promoted  on  the  basis  of  their  competenc-

es  and  without  reference  to  their  gender, 

age,  race,  disability,  sexual  orientation  or 

religion.  A  growing  number  of  enterprises 

conduct  successful  diversity  policies  as  part 

of their efforts to achieve high performance 

workplaces.  UNICE  is  eager  to  spread  good 

practices  and  encourage  enterprises  and 

employees  to  take  action.  In  March  2005,

it  for  example  adopted  together  with  the 

European  Trade  Unions  a  framework  of 

actions  on  gender  equality  which  highlights 

priorities for action for the coming years.”

11

Is there any EU funding 
available to support anti-
discrimination projects?

>  The Community Action Programme which 
runs from 2001–2006 has a budget of 
around 100 million Euro. The broad aim 
of the programme is to change discrimi-
natory attitudes and practices in a practi-
cal way. The programme has three prior-
ity areas. These are to increase analysis of 
the nature of discrimination, to support 
organisations involved in combating 
discrimination and to raise awareness 
of discrimination and the benefits of 
diversity. From 2007 to 2013 a new fund-
ing programme entitled “PROGRESS” will 
continue to finance initiatives in the anti-
discrimination field.

What is the EU 
doing to promote 
debate on diversity 
and discrimination?

Pascale-Marie Deschamps, 
Deputy Editor-in-chief at Enjeux 
Les Echos. Winner of the “For 
Diversity. Against Discrimina-
tion.” EU Journalist Award 2004 
(www.stop-discrimination.info)

“Discrimination  is  an  offence  against  human 

dignity, as stated in international law. But the 

gap  between  these  values  and  reality  is  sub-

stantial.  A  reality  that  journalists  must  under-

stand  without  complacency,  but  also  without 

naivety  and  sensationalism,  since  discrimina-

tion  is  the  product  of  complex  historical,  cul-

tural and economic relations. This is the reason 

why  I  felt  especially  honoured  receiving  this 

Award for our report about racism in the work-

place. I hope that the existence of this Award 

scheme will encourage my European compatri-

ots to tackle these subjects.”

What about enlarge-
ment of the EU?

>  All new Member States must incorporate 
European rules on antidiscrimination 
into their national laws before they join 
the European Union.

>  As part of the Community Action Pro-

gramme, the EU is running a major informa-
tion campaign in all EU countries, working 
closely with trade unions, employers, NGOs 
and national authorities to highlight the 
benefits of diversity in the workplace and 
beyond. More information on the informa-
tion campaign can be found at:
http://www.stop-discrimination.info

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Why has 2007 
been designated the 
European Year of Equal 
Opportunities for All?

>  Based on a proposal from the European 
Commission, 2007 has been designated 
as European Year of Equal Opportunities 
for All. The aims of the Year are to inform 
people of their rights, celebrate diversity as 
an asset for the EU, and to promote equal 
opportunities for everyone. The Year will 
support activities in all 25 Member States.

Where can I find out 
more information on the 
EU’s antidiscrimination 
policy and programmes?

>  More information can be found out at: http:// 
europa.eu.int/comm/antidiscrimination 
or by e-mail from the following address: 
empl-antidiscrimination@cec.eu.int 
To sign up for regular email updates on 
the EU’s antidiscrimination policies please 
register your details at: 
http://www.nondiscrimination-eu.info

Peter Straub, President 
of the Committee of the 
Regions (www.cor.eu.int)

“The  Committee  of  the  Regions  rejects  all 

forms  of  discrimination,  and  firmly  believes 

that the fight against discrimination is a ques-

tion  of  changing  attitudes  and  values.  The 

rejection  of  all  forms  of  discrimination  is  an 

essential  condition  for  the  European  Union 

to develop into an area of freedom, security 

and  justice.  Local  and  regional  authorities 

have an important role to play in this respect, 

as  they  operate  at  a  grassroots  level  and 

are  in  close  contact  with  ordinary  citizens, 

increasing knowledge and understanding of 

multiple  discrimination.  The  Committee  of 

Regions  has  therefore  called  for  local  and 

regional  authorities  and  other  information-

providers  to  be  fully  engaged  in  the  Action 

Community Programme to Combat Discrimi-

nation,  because  they  are  best  able  to  raise 

awareness of antidiscrimination issues.”

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The Directives
at a glance

The Racial Equality Directive1

The Employment Equality Directive 2

>  Implements  the  principle  of  equal  treatment 
between  people  irrespective  of  racial  or 
ethnic origin.

>  Gives  protection  against  discrimination  in 
employment  and  training,  education,  social 
security,  healthcare  and  access  to  goods  and 
services, including housing.

>  Contains  definitions  of  direct  and  indirect  dis-
crimination, harassment and victimisation. 

>  Gives victims of discrimination a right to make 
a  complaint  through  a  judicial  or  administra-
tive  procedure,  associated  with  appropriate 
penalties for those who discriminate.

>  Shares  the  burden  of  proof  between  the 
complainant  and  the  respondent  in  civil  and 
administrative cases.

>  Provides  for  the  establishment  in  each  Mem-
ber State of an organisation to promote equal 
treatment  and  provide  independent  assist-
ance to victims of racial discrimination.

>  Implements  the  principle  of  equal  treatment 
in  employment  and  training  irrespective  of 
religion or belief, disability, sexual orientation 
and age.

>  Includes  identical  provisions  to  the  Racial 
Equality Directive on definitions of discrimina-
tion, rights of legal redress and the sharing of 
the burden of proof.

>  Requires employers to make reasonable accom-
modation  to  cater  for  the  needs  of  a  person 
with a disability who is qualified to do the job 
in question.

>  Allows for limited exceptions to the principle 
of equal treatment, for example to preserve 
the  ethos  of  religious  organisations  or  to 
allow  special  schemes  to  promote  the  inte-
gration of older or younger workers into the 
labour market.

1  EC  Directive  2000/43/EC  of  29  June  2000  implement-

2  EC  Directive  2000/78/EC  of  27  November  2000  estab-

ing the principle of equal treatment between persons 

lishing  a  general  framework  for  equal  treatment  in 

irrespective of racial or ethnic origin.

employment and occupation.

www.stop-discrimination.info

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Publisher

European Commission
Directorate General Employment,
Social Affairs and Equal Opportunities 
1049 Brussels – Belgium

Design & Layout
MEDIA CONSULTA
International Holding AG
Wassergasse 3
 10179 Berlin – Germany
www.media-consulta.com

Printing
Druckhaus Schöneweide
Berlin – Germany 

Revised edition 2005
ISBN 92-79-00689-4

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