Trade union practices on non-discrimination and diversity 2019 : follow-up to the 2010 study : final report.
Date: 2019-12-28
Institutions: Directorate-General for Justice and Consumers
Subjects: anti-discriminatory measure, case study, equal treatment, labour relations, social policy, summarising, trade union

Trade union practices on  
non-discrimination and 
diversity 2019 

Follow-up to the 2010 study 

Written by Emanuela Carta, Dora Vajai, 
Klara Kovarova, Sarah Vandenbroucke, 
Helen Quaresma, Inga Pavlovaite 

November 2019 

Justice and 
Consumers 

 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 

Directorate D — Equality and Union citizenship 

Unit D.1 — Non-discrimination and Roma coordination 

European Commission 

B-1049 Brussels 

 
 
 
 
EUROPEAN COMMISSION 

Trade union practices on  
non-discrimination and 
diversity 2019 

Follow-up to the 2010 study  

Final Report 

Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

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Luxembourg: Publications Office of the European Union, 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Table of Contents 

Acronyms ......................................................................................................... 1 

Executive summary ........................................................................................... 5 

Zusammenfassung............................................................................................11 

Résumé analytique ...........................................................................................17 

1 

Introduction ...............................................................................................23 

2  Why is the fight against discrimination becoming a compelling issue? ................25 

Summary of key results ..................................................................................25 

2.1  Non-discrimination in EU legislation and policies .......................................25 

2.2 

Recent developments in non-discrimination laws and policies across Member 

States 29 

2.3  Discrimination in Europe is on the rise: a call for trade unions to act? .........37 

2.4  What drives trade unions to act on discrimination? ....................................51 

2.5 

The role of trade unions as an actor for diversity in society and the workplace 

  .........................................................................................................54 

3  What actions and practices are trade unions implementing to tackle discrimination 

and support diversity? .......................................................................................57 

Summary of key results ..................................................................................57 

3.1 

Identification of non-discrimination practices and selection of case studies ...57 

3.2  Overview of practices implemented by trade unions ..................................59 

3.3 

The role of partnerships in trade union practices .......................................82 

4  The achievement and impact of trade unions’ non-discrimination practices .........89 

Summary of key results ..................................................................................89 

4.1  Multiple achievements and impacts .........................................................89 

4.2 

4.3 

Success factors for achievement .............................................................98 

Factors hindering trade unions actions ................................................... 108 

5  Transferability across trade unions .............................................................. 119 

5.1 

5.2 

Strategic vision .................................................................................. 120 

Agenda setting ................................................................................... 121 

5.3  Organisational structures ..................................................................... 121 

5.4 

Activities of practices .......................................................................... 122 

5.5  Delivery model of practices/activities .................................................... 123 

5.6 

Enabling transferable factors ................................................................ 124 

6  Conclusions and recommendations .............................................................. 127 

 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Annex 1  Case study reports .......................................................................... 131 

6.1 

6.2 

6.3 

Austria – Trade Union Forum by Migrants for Migrants (ÖGB) ................... 131 

Belgium – Protecting Diversity Beliefs (CSC) .......................................... 139 

Belgium - Tackling racism in employment – Campaign "Racism Game Over" 

(CSC/ACV, FGTB/ABVV, ACLVB/CGSLB) .......................................................... 148 

6.4  Denmark - The Mentor programme and the FIU-Equality Training of elected 

union representatives for greater equality (FIU-Equality) .................................. 160 

6.5 

EU – Statement against Homophobic Bullying......................................... 171 

6.6  Germany – National prize award to projects against xenophobia and racism 

(Association Yellow Hand – do not bother my friend) ........................................ 176 

6.7  Hungary - Events on equality and non-discrimination (Liga Democratic League 

of Independent Trade Unions) ....................................................................... 184 

6.8 

6.9 

6.10 

6.11 

France – Training Sessions on LGBT rights (UNSA).................................. 190 

France – Fighting Extreme Ideas and Racism ......................................... 198 

Italy – Office for New Rights (CGIL) .................................................. 207 

Malta - Equality policy in collective bargaining on economic migrants, non-

discrimination and LGBTQIA (GWU) ............................................................... 215 

6.12 

6.13 

Poland - Advocacy and legal advice for minority groups (OPZZ) ............ 225 

Poland - Legal Counselling and Support, Awareness Raising Training for 

Trade Union Members (NSZZ Solidarność) ...................................................... 233 

6.14 

6.15 

6.16 

6.17 

6.18 

Romania - Creating a Department For Equality (FSLI) ......................... 241 

Slovenia – Immigrant Children in Education (SVIZ) ............................. 248 

Spain – Working Group on gender and sexual diversity (CCOO) ............ 252 

Sweden - Workplace for all (Vision) ................................................... 263 

The Netherlands - Netwerk Roze FNV: The Dutch Pink Network 

representing LGTBI+ (FNV) ........................................................................... 270 

6.19 

6.20 

The United Kingdom – Diversity in Fire Brigades (FBU) ........................ 281 

The United Kingdom - Personal, Social and Health Education statutory 

(PSHE)/ Relationships and sex education (RSE) curriculum (NEU) ...................... 285 

6.21 

The United Kingdom – I can act but I won’t pretend (Equity UK) ........... 294 

 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Acronyms 

ACLVB/CGSLB  

General Confederation of Liberal Trade Unions of Belgium 

B&EMM 

CAO 

CCOO   

CETA   

CGIL 

CGT 

CGSLB  

CJEU 

COO 

COC 

Black and ethnic minority members 

Collective agreements  

Workers' Commissions in Spain 

Comprehensive Economic and Trade Agreement  

Italian General Confederation of Labour 

General Confederation of Labour in France 

General Confederation of Liberal Trade Unions in Belgium 

European Court of Justice 

Chief Operating Officer  

Culture and Leisure Centre 

CSC/ACV 

Confederation of Christian Trade Unions of Belgium 

DfE 

DGB 

Department for Education (UK) 

German Trade Union Confederation 

ECHR   

European Convention on Human Rights 

ECtHR  

          European Court of Human Rights 

ECRI 

EIS 

ENAR   

EPSU   

ESF 

EQLS   

ETUC   

ETUCE  

ETUI 

European Commission against Racism and Intolerance 

Educational Institute of Scotland 

European Network Against Racism 

European Federation of Public Service Unions 

European Social Fund 

European Quality of Life Survey 

European Trade Union Confederation 

European Trade Union Committee for Education 

European Trade Union Institute 

EU-MIDIS 

European Union Minorities and Discrimination Survey 

FBU 

FCNM   

FECCOO 

FELGTB 

FES 

FEU 

Fire Brigades Union (UK) 

Framework Convention for the Protection of National Minorities 

Education Federation of the CCOO in Spain 

National Federation of Lesbians, Gays, Transsexuals and Bisexuals 

Friedrich-Ebert-Stiftung 

Federation of Entertainment Unions 

FGTB/ABVV 

General Federation of Belgian Labour 

FIA 

International Federation of Actors 

FIU-Equality 

A partnership between the Danish Metalworkers’ Union, National 
Federation of Trade Unions in the Service Sector and the United 
Federation of Danish Workers 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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FNV 

FRA 

FSLI 

GRTU   

GWU 

HRM 

IDAHOT 

IG BAU 

IG BCE  

ILGA 

IOM 

JAV 

KAOS GL 

LGBT   

Dutch Federation of Trade Unions 

European Union Agency for Fundamental Rights  

Free Trade Unions’ Federation in Education in Romania 

Malta Chamber of SMEs  

General Workers’ Union (Malta) 

Human Resource Management 

International Day Against Homophobia, Transphobia and Biphobia 

IG Bauen Agrar Umwelt  

IG Bergbau Chemie Energie  

International Lesbian, Gay, Bisexual, Trans and Intersex 
Association 

International Organization for Migration  

Youth and Trainees Council (Jugend und Auszubildendenvertretung) 

Kaos Gay and Lesbian Cultural Research and Solidarity Association 

Lesbian, gay, bisexual and transgender 

LGBTI/LGBTI+  

Lesbian, gay, bisexual, transgender and intersex 

LGBTIQ  

LGBTQIA  

Lesbian, gay, bisexual, transgender, intersex and queer 

Lesbian, gay, bisexual, trans, queer, intersex and asexual 

FH (formerly LO) 

Danish Confederation of Trade Unions  

MSZOSZ 

NASUWT 

NCPE   

NEU 

NGO 

NRW 

Magyar Szakszervezeti Szövetség – National Confederation of 
Hungarian Trade Unions 

The Teachers’ Union 

National Commission for the Promotion of Equality (Malta) 

National Education Union (UK) 

Non-governmental organisation 

Youth of North-Rhinewestaflia 

NSZZ Solidarność  

Independent and Self-Governing Trade Union Solidarność  

ÖGB 

OPZZ   

PSHE   

RED 

RSE 

SEF 

SEN 

SVIZ 

STIB 

TC 

Austrian Trade Union Federation 

All-Poland Alliance of Trade Unions  

Personal, Social, Health and Economic education  

Racial Equality Directive 

Relationships and sex education 

Sex Education Forum  

Special educational needs 

Union of Education, Education, Science and Culture of Slovenia 

Brussels Intercommunal Transport Company 

Training Centres  

TFEU   

Treaty on the Functioning of the European Union 

TIE-Netherlands 

Transnational Information Exchange 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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TNN 

TTIP 

UCU 

UHM 

ULB 

Transgender Network Nederland 

Transatlantic Trade and Investment Partnership  

University and College Union 

Malta Workers’ Union 

Université Libre de Bruxelles  

UNAR   

National Office against Racial Discrimination 

UNI Europa 

European Services Workers Union 

Public service union (UK) 

National Union of Autonomous Unions in France 

Working group 

UNISON 

UNSA   

WG 

Countries  

AT - Austria 

BE - Belgium  

BG - Bulgaria 

CY - Cyprus 

CZ - Czech Republic  

DE - Germany 

DK - Denmark 

EE - Estonia 

EL - Greece 

ES - Spain 

EU - European Union 

FI - Finland 

FR - France 

HR - Croatia 

HU - Hungary 

IE - Ireland 

IT - Italy 

LV - Latvia 

LT - Lithuania 

LU - Luxembourg  

MT - Malta 

NL - The Netherlands 

PL - Poland 

PT - Portugal 

RO - Romania 

SE - Sweden 

SI - Slovenia 

SK - Slovakia 

UK - United Kingdom 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Executive summary 

This study on the non-discrimination and diversity practices of trade unions, undertaken 
by ICF in 2018 on behalf of the European Commission’s DG Justice and Consumers (DG 
JUST). This is a follow-up study1 and provides an updated, qualitative analysis of trade 
union  practices  and/or  initiatives  with  respect  to  non-discrimination  and  diversity  in 
Europe.  

The  study  covered  trade  union  actions  aimed  at  combating  discrimination  on  the 
grounds of race, ethnic origin, religion, belief, sexual orientation or gender identity, as 
well as those related to several forms of discrimination or multiple discrimination. Non-
discrimination practices solely addressing gender-based and age-based discrimination 
were not included in the study. Gender-based discrimination was considered only in the 
intersectionality  related  to 
context  of  other  grounds  of  discrimination,  e.g. 
gender/religion, gender/race, gender/sexual orientation. 

The  study  methodology  was  based  on  desk  research  of  existing  studies  and 
documentation,  a  survey  of  trade  unions  across  the  EU  and  case  studies  of  21  trade 
union practices.  A total of 80 relevant practices were identified from the 2010 report, 
while  the  current  desk  research  and  the  survey  found  109  ‘new’  practices.  Those 
addressing  discrimination  on  the  grounds  of  race  and/or  ethnicity,  together  with 
initiatives  addressing  multiple  discrimination,  were  most  prevalent,  followed  by 
measures  combating  discrimination  on  the  grounds  on  sexual  orientation  and  gender 
identity.  Few  measures  singled  out  discrimination  on  the  grounds  of  religion  and/or 
belief as a specific focus. The study was guided by a Steering Committee, composed of 
representatives  of  the  European  Commission,  European  cross-sectoral  and  sectoral 
trade unions, and ICF. The study was also supported by a panel of external experts. 

Why is the fight against discrimination becoming a compelling issue? 

Actions on non-discrimination and diversity have a strong legal basis in the laws and 
policies of the EU.  

Recent developments in national legislation similarly reflect the need for trade unions 
to  adapt  to  legal  and  societal  changes  and  to  advocate  increasingly  for  non-
discrimination at work.  

Discrimination in society and the workplace is an enduring issue. The evidence shows 
that discrimination continues to be an issue in Europe despite long-standing legal and 
policy efforts to combat it.  

The study found that trade unions play a fundamental role in supporting the transition 
towards  a  more  diverse  society.  Persistently  high  levels  of  discrimination,  migration 
trends and legal changes in the area of non-discrimination were among the main drivers 
for trade union action on non-discrimination.  

What  actions  are  trade  unions  implementing  to  tackle  discrimination  and 
support diversity? 

Trade unions across Europe have developed numerous non-discrimination initiatives to 
address  the  multiple  grounds  of  discrimination,  through  practices  with  diverse  focus 
points, target groups, reach and activities. These initiatives encompass a broad range 
of approaches.  

The dual focus of trade union action, both internally and externally, at the workplace 
and in society, allows persistent discrimination to be tackled through different channels. 
Trade unions address discrimination among their members, through training and raising 

1 European Commission (2010). Trade union practices on anti-discrimination and diversity. Report prepared 
on behalf of DG EMPL by the Working Lives Institute and London Metropolitan University. 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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awareness of the importance of promoting equal treatment and non-discrimination at 
the workplace. 

In  terms  of  their  activities,  trade  unions  primarily  implemented  awareness-raising 
actions and campaigns, collective bargaining and targeted training for their members. 
In relation to the processes of social dialogue, trade unions used a range of practices to 
promote  the  non-discrimination  agenda  in  collective  bargaining  processes  and 
subsequent  resulting  collective  agreements.  A  number  of  trade  unions  succeeded  in 
negotiating the inclusion of specific equality clauses in their collective agreements. 

Trade unions have established or further developed dialogue with employers on handling 
equality issues, providing guidance, support and advice to their members and collective 
agreement negotiators. 

The comprehensive and multi-dimensional strategy applied by trade unions maximises 
impact by addressing the wider society (e.g. raising awareness about discrimination in 
workplaces through national campaigns or events). This is often accompanied by cross-
sectoral scope and an inclusive workplace approach, targeting both employers and trade 
union members. 

Most of the practices are ongoing and embedded in trade unions’ wider strategies and/or 
structural measures. This ensures the continuity of actions and their effectiveness and 
creates  a  multiplier  effect.  Trade  unions  often  combine  permanent  strategies  and 
internal structures with one-off activities.  

Trade unions frequently use strategic collaborations to design and carry out their non-
discrimination practices. These partnerships help to increase the unions’ lobbying power, 
as well as providing a forum for discussion and exchange of good practices. 

What are the impacts of trade unions’ non-discrimination actions? 

Trade union actions have had several short and long-term impacts in supporting non-
discrimination in the workplace and beyond.  

Such actions had a significant impact on trade unions internally, notably in relation to 
awareness-raising,  upskilling  of  trade  union  representatives  and  knowledge-sharing. 
They have also succeeded in raising awareness among union members and supported 
them in dealing with discrimination issues, through training, legal support and education 
activities. Some trade unions have established specific internal equality structures. This 
has  enabled  them  to  undertake  more  structured  and  longer-term  equality-oriented 
actions, which are also embedded in their wider strategy and policy agenda.  

Trade unions reported increased visibility and greater awareness of the equality agenda 
and  discrimination  issues  among  the  workforce.  They  supported  workers  at  risk  of 
discrimination  or  those  already  experiencing  discrimination.  Some  trade  unions  also 
worked directly with employers to reduce discrimination at the workplace, with a direct 
(positive) impact on related workplace regulations.  

Actions  at  the  core  of  trade  union  mandates,  such  as  inclusion  of  non-discrimination 
clauses  in  collective  agreements  and  lobbying  for  legislative  actions,  allowed  for  the 
embedding of equality issues into company policies and practices.  

Trade unions actions have influenced the political decision-making process, as well as 
increasing the visibility of discrimination issues among the general public. This led to 
shifts in the political debate and policy agenda, adoption of new laws or changes to the 
existing legislation, furthering the equality agenda for all.  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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The impact of trade union non-discrimination actions is affected by several factors that 
variously enable or hinder their impact:  

  Support from senior managers in the trade unions is key. Actions implemented 
should  be  sufficiently  diverse,  flexible  and  effective  in  terms  of  reaching  their 
target groups. Sufficient funding must be available for sustained action.  

  An important success factor is the ‘human’ aspect, i.e. having enthusiastic and 
committed  union  staff  implementing  the  wide  range  of  actions  relating  to 
promoting equal treatment and non-discrimination at the workplace and beyond. 
Establishing effective and extensive cooperation with external partners was also 
critical to success.  A  supportive political, economic and legislative context  also 
provides  a  positive  environment  for  the  trade  union  actions  addressing 
discrimination.  

  The deteriorating political climate in some  Member States is the main  external 
factor  hindering  trade  union  actions,  alongside  an  unfavourable  legislative 
context. Budgetary and human resource constraints are the main internal factor 
that  hampers  trade  unions’  non-discrimination  activities,  followed  by  lack  of 
internal support and a lack of sensitivity to discrimination and equality issues. 

What practices could be transferred across the trade unions?  

A range of trade union actions could be successfully transferred to other contexts and/or 
organisations. Figure 1 below shows a pyramid of transferability. Key elements include: 

  Strategic vision (e.g. the need for a clear and explicit strategic vision on equality).  

  Organisational structure (e.g. having dedicated units and personnel to deal with 

discrimination issues).  

  Concept of the practice/activity (e.g. training, guidance, advice).  

  Delivery model (e.g. innovative elements of a training programme, involvement 

of key actors, outreach activities).  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Figure 1.  Pyramid of transferability 

The strategic vision of an organisation is the main driver for trade unions to implement 
non-discrimination activities, as it helps to focus and highlight the union’s work and to 
ensure that it remains high on the union agenda. Declarations and formal statements 
from  trade  unions  in  relation  to  non-discrimination  were  identified  as  transferable 
approaches.  

The  organisational  structures  of  trade  unions,  e.g.  specifically  dedicated  non-
discrimination units, groups or committees, together with clear delineation of roles and 
allocation  of  responsibilities  were  identified  as  transferable  elements.  In  addition, 
permanent contact points can be easily established.  

Trade unions implemented a range of non-discrimination activities whose key concepts 
(e.g.  training,  toolkits)  are  often  transferable  to  other  trade  unions  or  countries. 
Similarly, cooperation with other trade unions and external organisations or experts is 
an important transferable element. Linking a specific action to other activities already 
implemented was also reported as a successful and transferable method of delivery. 

Conclusions and recommendations 

Trade  unions  are  important  non-discrimination  actors  that  make  an  essential 
contribution in  this  area.  They  typically  have  well-organised  structures  (although  this 
depends substantially on resources and differs by country). Union representatives in the 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

workplace can draw on the expertise of their sectoral and national officers and offices, 
giving  them  the  potential  to  effect  wider  societal  change  through  their  non-
discrimination actions. 

In some cases, unions  have  created new structures to  enable this process of  vertical 
and horizontal communication and cooperation. This seems to be a particularly useful 
area  for  cross-country  learning  and  practice  transfer,  with  evidence  of  good  results. 
Given their potential to effect change, unions should be further supported, but, practice, 
lack of (ongoing) funding or lack of support from institutional actors means that they 
struggle to sustain their activities. Unfortunately, this lack of sustainability may make 
some  non-discrimination  actions  counter-productive  by  creating 
fatigue  and 
disillusionment, as well as unrealistic expectations.  

Key recommendations from the study are:  

  For the European Commission to further encourage trade union action: there is 
scope  to  consider  providing  further  support  to  increase  the  capacity  of  trade 
unions  to  implement  non-discrimination  actions,  through  funding,  awareness-
raising, exchange of experiences and strengthening of social dialogue structures 
at the national level. 

  For  trade  unions  to  further  advance  their  non-discrimination  actions:  further 
implement  anti-discrimination  actions  in  a  sustainable,  structured  and  holistic 
way, build strong partnerships with key stakeholders (chiefly employers), learn 
from the  experiences  of trade unions  elsewhere and champion the inclusion of 
the  non-discrimination  agenda  in  collective  bargaining  and  social  dialogue 
processes.  

  For  employer  organisations  to  provide  a  strong  contribution  to  the  non-
discrimination  action:  recognise  and  actively  engage  with  trade  unions  in  non-
discrimination actions, including through collective bargaining and social dialogue 
processes.  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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Zusammenfassung  

Diese Studie über die Praktiken von Gewerkschaften im Kampf gegen Diskriminierung 
und  zur  Förderung  der  Vielfalt  wurde  2018  durch  ICF  im  Auftrag  der  GD  Justiz  und 
Verbraucher  (GD  JUST)  der  Europäischen  Kommission  durchgeführt.  Dies  ist  eine 
Nachfolgestudie2 mit einer aktualisierten Qualitätsanalyse der Praktiken bzw. Initiativen 
der Gewerkschaften im Kampf gegen Diskriminierung und zur Förderung der Vielfalt in 
Europa.  

Diese  Studie  beschäftigt  sich  mit  den  Maßnahmen,  die  von  den  Gewerkschaften  zur 
Bekämpfung der Diskriminierung aus Gründen der Rasse, ethnischen Herkunft, Religion, 
Weltanschauung, sexuellen Ausrichtung oder Geschlechtsidentität sowie verschiedener 
Formen  von  Diskriminierung  oder  mehrfacher  Diskriminierungen  umgesetzt  wurden. 
Ausschließlich  altersbedingte  oder  geschlechtsspezifische  Diskriminierung  betreffende 
in  diese  Studie  nicht  mit  einbezogen. 
Antidiskriminierungspraktiken  wurden 
Geschlechtsspezifische  Diskriminierung  wurde 
anderer 
Diskriminierungsarten, z. B. in der Verbindung Geschlecht/Religion, Geschlecht/Rasse, 
Geschlecht/sexuelle Ausrichtung berücksichtigt. 

Kontext 

nur 

im 

insgesamt  80  relevante  Praktiken 

Die  Studienmethode  basierte  auf  Sekundärforschungen  zu  bestehenden  Studien  und 
Dokumentationen, einer EU-weiten Umfrage in Gewerkschaften und den Fallstudien zu 
21  Praktiken  der  Gewerkschaften.    Ausgehend  vom  2010  veröffentlichten  Bericht 
wurden 
identifiziert,  während  die  aktuelle 
Sekundärforschung  und  die  Umfrage  109  „neue“  Praktiken  ausfindig  machten.  Am 
häufigsten  waren  Praktiken,  welche  die  Diskriminierung  aufgrund  der  Rasse  bzw. 
ethnischen  Herkunft  betreffen, 
Initiativen,  die  multiple 
Diskriminierungen  angehen,  gefolgt  von  Maßnahmen  zur  Bekämpfung  der 
Diskriminierung  aufgrund  der  sexuellen  Ausrichtung  und  der  geschlechtsspezifischen 
Identität.  Einige  Maßnahmen  betrafen  Diskriminierung  aufgrund  von  Religion  bzw. 
Weltanschauung. Die Studie wurde von einem Lenkungsausschuss geleitet, der sich aus 
Vertretern  der  Europäischen  Kommission,  der  europäischen  branchenübergreifenden 
und  branchenspezifischen  Gewerkschaften  und  von  ICF  zusammensetzte.  Die  Studie 
wurde auch von einer externen Expertengruppe unterstützt. 

zusammen  mit 

Warum ist der Kampf gegen Diskriminierung ein immer wichtigeres Thema?  

Antidiskriminierungsmaßnahmen  und  Aktivitäten  zur  Förderung  von  Vielfalt  basieren 
dank der Gesetze und Politiken der EU auf einer starken Rechtsgrundlage.  

Jüngste Entwicklungen in der nationalen Gesetzgebung spiegeln in ähnlicher Weise die 
Notwendigkeit  wider,  dass  sich  Gewerkschaften  an  gesetzliche  und  gesellschaftliche 
Veränderungen  anpassen  und  verstärkt  gegen  Diskriminierung  am  Arbeitsplatz 
einsetzen.  

Die Diskriminierung in der Gesellschaft und am Arbeitsplatz ist ein anhaltendes Problem. 
Die  Beweise  belegen,  dass  trotz  der  langjährigen  rechtlichen  und  politischen 
Bemühungen  zur  Beseitigung  der  Diskriminierung  in  Europa  diese  immer  noch  ein 
aktuelles Thema ist.  

Die Studie hat gezeigt, dass die Gewerkschaften bei der Unterstützung des Übergangs 
zu einer vielfältigeren Gesellschaft eine grundlegende Rolle spielen. Ein konstant hohes 
Diskriminierungsniveau,  Migrationstrends  und  Gesetzesänderungen  im  Bereich  der 
Nichtdiskriminierung  waren  die  Haupttriebkräfte  für  die  von  den  Gewerkschaften 
ergriffenen Maßnahmen zur Bekämpfung von Diskriminierung.  

2 Europäische Kommission (2010). Praktiken der Gewerkschaften zur Bekämpfung von Diskriminierungen und 
zur Förderung von Vielfalt. Vom Working Lives Institute und der London Metropolitan University im Auftrag 
der GD BESCHÄFTIGUNG erstellter Bericht. 

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Welche  Maßnahmen  haben  die  Gewerkschaften 
Diskriminierung und zur Förderung von Vielfalt umgesetzt? 

im  Kampf  gegen 

Die  Gewerkschaften  haben  europaweit  zahlreiche  Antidiskriminierungsinitiativen  mit 
unterschiedlichen  Schwerpunkten,  Zielgruppen,  Einflussbereichen  und  Aktivitäten  zur 
Bekämpfung  der  vielfältigen  Diskriminierungsgründe  entwickelt.  Diese  Initiativen 
umfassen eine breite Palette unterschiedlicher Ansätze.  

Dank der beiden Maßnahmenschwerpunkte der Gewerkschaften, sowohl intern, als auch 
extern, am Arbeitsplatz und in der Gesellschaft, wird Diskriminierungen beharrlich über 
verschiedene  Kanäle  entgegengewirkt.  Gewerkschaften  gehen  Diskriminierung  unter 
den  Mitgliedern  durch  Weiter-  und  Bewusstseinsbildung  über  die  Bedeutung  der 
Förderung von Chancengleichheit und Nichtdiskriminierung am Arbeitsplatz an. 

Die  Gewerkschaften  haben  zu  diesem  Zweck  hauptsächlich  bewusstseinsbildende 
Maßnahmen  und  Kampagnen,  Kollektivverhandlungen  und  gezielte  Fortbildungen  für 
ihre Mitglieder umgesetzt. Bezüglich der Prozesse des sozialen Dialogs verwendeten die 
Gewerkschaften  eine  Reihe  von  Praktiken,  um  die  Nichtdiskriminierung  in  den 
Tarifverhandlungsprozessen und daraus hervorgehenden Kollektivverträgen zu fördern. 
Einer  Reihe  von  Gewerkschaften  gelang  es,  spezifische  Gleichstellungsklauseln  in  die 
Kollektivverträge mit aufzunehmen. 

Die  Gewerkschaften  haben  einen  Dialog  mit  den  Arbeitgebern  über  den  Umgang  mit 
Gleichstellungsfragen  begonnen  oder  weiterentwickelt  und  Mitglieder  und 
Verhandlungsführer der Kollektivverträge unterstützt und beraten. 

Die  umfassende  und  multidimensionale  Strategie  der  Gewerkschaften  maximiert  die 
Wirkung, indem sie die breitere Gesellschaft anspricht (z. B. durch bewusstseinsbildende 
Maßnahmen  gegen  Diskriminierung  am  Arbeitsplatz  über  nationale  Kampagnen  und 
Veranstaltungen). Dies geht oft einher mit einer branchenübergreifenden Ausrichtung 
und einen inklusiven Ansatz am Arbeitsplatz, der auf Arbeitgeber und Gewerkschaftler 
gleichermaßen abzielt. 

Die  meisten  Maßnahmen  finden  fortlaufend  statt  und  sind  in  die  umfassenderen 
Strategien  bzw.  strukturellen  Maßnahmen  der  Gewerkschaften  eingebunden.  Dies 
gewährleistet  die  Kontinuität  und  Effektivität  der  Maßnahmen  und  erzeugt  einen 
Multiplikatoreffekt.  Die  Gewerkschaften  kombinieren  permanente  Strategien  und 
interne Strukturen häufig durch einmalige Aktivitäten.  

Die  Gewerkschaften  nutzen  häufig 
ihre 
Antidiskriminierungsmaßnahmen zu entwerfen und umzusetzen. Diese Partnerschaften 
verstärken  den  Lobbyeinfluss  der  Gewerkschaften  und  dienen  auch  als  Forum  für 
Diskussionen und den Austausch bewährter Praktiken.  

strategische  Kooperationen,  um 

Welche  Auswirkungen  haben  die  Antidiskriminierungsmaßnahmen  der 
Gewerkschaften? 

Die  Maßnahmen  der  Gewerkschaften  hatten  verschiedene  kurz-  und  langfristige 
Auswirkungen,  die  Nichtdiskriminierung  am  Arbeitsplatz  und  darüber  hinaus 
unterstützen.  

Diese Aktionen haben sich erheblich auf die interne Struktur der Gewerkschaften selbst 
ausgewirkt,  insbesondere  durch  Bewusstseinsbildung,  Kompetenzverbesserung  der 
Gewerkschaftsvertreter  und  den  Austausch  von  Wissen.  Außerdem  konnten  die 
Gewerkschaftsmitglieder  sensibilisiert  und  durch  Schulung,  juristische  Unterstützung 
und  Bildungsaktivitäten  bei  der  Auseinandersetzung  mit  Diskriminierungsthemen 
unterstützt  werden. 
interne 
Gleichberechtigungsstrukturen  eingerichtet.  Dies  hat  sie  in  die  Lage  versetzt, 
strukturiertere  und  langfristigere  gleichstellungsorientierte  Maßnahmen  zu  ergreifen, 
die ebenfalls in ihre breitere strategische und politische Agenda eingebettet sind.  

Einige  Gewerkschaften 

spezifische 

haben 

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Die  Gewerkschaften  berichteten  von  einer  Zunahme  ihrer  Sichtbarkeit  und  einem 
erhöhten  Bewusstsein  über  die  Gleichstellungsagenda  und  Diskriminierungsthemen 
unter  den  Arbeitskräften.  Sie  haben  Arbeitnehmer  unterstützt,  die  einem 
Diskriminierungsrisiko  ausgesetzt  sind  oder  bereits  diskriminiert  wurden.  Einige 
Gewerkschaften  haben  direkt  mit  Arbeitgebern  zusammengearbeitet,  um  die 
Diskriminierung am Arbeitsplatz zu verringern und dies wirkte sich direkt (positiv) auf 
die entsprechenden Arbeitsplatzvorschriften aus.  

Direkt in den Mandaten der Gewerkschaften umgesetzte Aktionen, z. B. die Aufnahme 
einer Nichtdiskriminierungsklausel in Kollektivverträgen und Lobbyarbeit für rechtliche 
Maßnahmen  ermöglichten  die  Einbeziehung  von  Gleichstellungsthemen 
in 
Unternehmenspolitik und -praktiken.  

Die  Aktivitäten  der  Gewerkschaften  haben  den  politischen  Entscheidungsprozess 
beeinflusst und die Sichtbarkeit von Diskriminierungen in der Öffentlichkeit erhöht. Dies 
hat  zu  Veränderungen  in  den  politischen  Debatten  und  der  politischen  Agenda,  zur 
Verabschiedung  neuer  Gesetze  oder  zur  Änderung  bestehender  Gesetzesvorschriften 
beigetragen, was die Gleichstellungsagenda für alle gefördert hat.  

Die  Auswirkungen  von  Antidiskriminierungsmaßnahmen  der  Gewerkschaften  hängen 
von  verschiedenen  Faktoren  ab,  die  entweder  unterstützend  oder  hinderlich  sein 
können.  

Die Unterstützung von leitenden Managern der Gewerkschaften ist ein Schlüsselfaktor. 
Die  umgesetzten  Maßnahmen  sollten  in  Bezug  auf  die  Erreichung  der  Zielgruppen 
ausreichend  unterschiedlich,  flexibel  und  effektiv  sein.  Es  müssen  auch  ausreichende 
Finanzmittel für die Umsetzung nachhaltiger Aktionen verfügbar sein.  

Ein wichtiger Erfolgsfaktor ist der „menschliche“ Aspekt, d. h. das Vorhandensein von 
enthusiastischen  und  engagierten  Mitarbeitern,  die  die  breitgefächerte  Palette  an 
Maßnahmen  zur  Förderung  der  Gleichbehandlung  und  Nichtdiskriminierung  am 
Arbeitsplatz und darüber hinaus umsetzt. Die Etablierung effektiver und umfangreicher 
Kooperationen mit externen Partnern war ebenfalls ausschlaggebend für den Erfolg. Ein 
unterstützender politischer, wirtschaftlicher und gesetzlicher Kontext bietet ein positives 
Umfeld für die Umsetzung der Antidiskriminierungsmaßnahmen von Gewerkschaften.  

Das sich verschlechternde politische Klima in einigen Mitgliedstaaten ist, zusammen mit 
einem  ungünstigen  gesetzlichen  Kontext,  der  Hauptfaktor,  der  die  Maßnahmen  der 
Gewerkschaften  behindert.  Beschränkungen  bei  Budget  und  Personal  sind  die 
wichtigsten  internen  Faktoren,  welche  die  Antidiskriminierungsmaßnahmen  der 
Gewerkschaften behindern, gefolgt von einem Mangel an interner Unterstützung und an 
Sensibilität für Diskriminierungs- und Gleichstellungsthemen. 

Welche  Praktiken  könnten  innerhalb  von  Gewerkschaften  weitergegeben 
werden?  

Verschiedene von den Gewerkschaften umgesetzte Maßnahmen könnten erfolgreich in 
andere Kontexte und/oder Organisationen übertragen werden. Abbildung 1 unten zeigt 
eine Pyramide der Transferierbarkeit. Schlüsselelemente sind: 

  Strategische  Vision  (z.  B.  die  Notwendigkeit  einer  klaren  und  expliziten 

strategischen Vision in Bezug auf Gleichstellung).  

  Organisationsstruktur (z. B. die Einrichtung spezieller Abteilungen mit Personal 

zur Bearbeitung von Diskriminierungsfällen).  

  Ein Konzept der Praktiken/Aktivitäten (z. B. Schulung, Anleitung, Beratung).  

  Bereitstellungsmodell  (z.  B.  innovative  Elemente  in  den  Trainingsprogrammen, 

Einbeziehung von Schlüsselakteuren, weiterreichende Maßnahmen).  

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Abbildung 1.  Pyramide der Transferierbarkeit  

Die strategische Vision einer Organisation ist die Hauptantriebskraft für Gewerkschaften 
bei der Umsetzung von Antidiskriminierungsmaßnahmen, da sie dazu beiträgt, die Arbeit 
der Gewerkschaft zu fokussieren und zu betonen und sicherzustellen, dass diese in der 
Agenda der Gewerkschaft einen hohen Stellenwert behalten. Erklärungen und formale 
Aussagen  der  Gewerkschaften  in  Verbindung  mit  Nichtdiskriminierung  wurden  als 
transferierbare Ansätze identifiziert.  

Die  Organisationsstruktur  der  Gewerkschaften,  z.  B.  spezifische  Antidiskriminierungs-
Abteilungen,  Gruppen  oder  Ausschüsse  zusammen  mit  einer  klaren  Abgrenzung  der 
Rollen  und  Aufgabenverteilungen  wurden  als  übertragbare  Elemente  ermittelt. 
Zusätzlich dazu können permanente Kontaktstellen eingerichtet werden.  

Die  Gewerkschaften  haben  eine  Reihe  von  Antidiskriminierungsaktivitäten  umgesetzt, 
deren  Schlüsselkonzepte  (z.  B.  Schulungen,  Werkzeuge)  oftmals  auch  auf  andere 
Gewerkschaften  oder  Länder  übertragbar  sind.  Auch  Kooperationen  mit  anderen 
Gewerkschaften  und  externen  Organisationen  oder  Experten  sind  ein  wichtiges 
übertragbares  Element.  Die  Verknüpfung  einer  spezifischen  Maßnahme  mit  anderen 
bereits umgesetzten Aktivitäten gilt ebenfalls als eine erfolgreiche und transferierbare 
Methode.  

Schlussfolgerungen und Empfehlungen  

Gewerkschaften sind wichtige Akteure zur Sicherstellung der Nichtdiskriminierung und 
leisten  einen  wesentlichen  Beitrag  in  diesem  Bereich.  Sie  haben  üblicherweise  gut 
organisierte  Strukturen  (obwohl  dies  erheblich  von  den  verfügbaren  Ressourcen 
abhängt und sich von Land zu Land unterscheidet). Die Gewerkschaftsvertreter können 
am Arbeitsplatz das Fachwissen der branchenspezifischen und nationalen Funktionäre 
ihre 
und 
Antidiskriminierungsmaßnahmen breitere gesellschaftliche Veränderungen zu bewirken. 

die  Möglichkeit 

nutzen,  was 

bietet, 

Büros 

durch 

ihnen 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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In einigen Fällen haben Gewerkschaften neue Strukturen geschaffen, um diesen Prozess 
der vertikalen und horizontalen Kommunikation und Kooperation zu ermöglichen. Dies 
scheint  ein  besonders  fruchtbarer  Bereich  für  länderübergreifende  Bildungsinitiativen 
und  die  Weitergabe  von  Praktiken  zu  sein  und  hierfür  gibt  es  bereits  erfolgreiche 
Beispiele. Aufgrund ihrer potenziellen Fähigkeit, Veränderungen herbeizuführen, sollten 
die Gewerkschaften weiterhin unterstützt werden, aber einige Praktiken, der Mangel an 
(permanenten)  Finanzmitteln  oder  der  Mangel  an  Unterstützung  vonseiten  der 
institutionellen  Akteure  führen  dazu,  dass  sie  Schwierigkeiten  dabei  haben,  ihre 
Aktivitäten  aufrechtzuerhalten.  Unglücklicherweise  könnte  dieser  Mangel  an 
Nachhaltigkeit 
Antidiskriminierungsmaßnahmen 
kontraproduktiv  werden,  da  sie  zu  Müdigkeit  und  Desillusionierung  und  zu 
unrealistischen Erwartungen führen.  

führen, 

einige 

dazu 

dass 

Folgende Schlüsselempfehlungen gingen aus der Studie hervor:  

  Die Europäische Kommission sollte die Maßnahmen der Gewerkschaften weiterhin 
fördern: Es gibt Gründe, die für eine weitere Unterstützung der Gewerkschaften 
sprechen,  um  Antidiskriminierungsmaßnahmen  durch  die  Bereitstellung  von 
Finanzmitteln, bewusstseinsbildende Maßnahmen, Erfahrungsaustausch und die 
Stärkung der Strukturen des sozialen Dialogs auf nationaler Ebene umzusetzen. 

  Die 

sollten 

Gewerkschaften 

Antidiskriminierungsmaßnahmen 
ihre 
weiterentwickeln, Antidiskriminierungsmaßnahmen auf nachhaltige, strukturierte 
und  ganzheitliche  Weise  umsetzen,  starke  Partnerschaften  mit  wichtigen 
Interessenvertretern  (in  erster  Linie  Arbeitgebern)  aufbauen,  aus  den 
Erfahrungen  anderer  Gewerkschaften 
lernen  und  die  Einbindung  der 
Antidiskriminierungsagenda  in  Tarifverhandlungen  und  Prozessen  des  sozialen 
Dialogs verfechten.  

  Arbeitgeberorganisationen 

zu 
die 
Antidiskriminierungsmaßnahmen 
Antidiskriminierungsmaßnahmen  der  Gewerkschaften  anzuerkennen  und  sich 
aktiv  daran  zu  beteiligen,  auch  im  Rahmen  von  Tarifverhandlungen  und 
Prozessen des sozialen Dialogs.  

einen 
leisten:  Sie 

Beitrag 
aufgefordert, 

wesentlichen 

sollten 

sind 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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Résumé analytique 

La présente étude sur les pratiques syndicales de lutte contre la discrimination et pour 
la promotion de la diversité a été réalisée par ICF en 2018 pour le compte de la Direction 
générale de la justice et des consommateurs (DG JUST) de la Commission européenne. 
Il s’agit d’une étude de suivi3 qui fournit une analyse qualitative actualisée des pratiques 
et/ou des initiatives syndicales de lutte contre la discrimination et pour la promotion de 
la diversité en Europe.  

L’étude porte sur les actions syndicales visant à lutter contre la discrimination fondée 
sur  la  race,  l’origine  ethnique,  la  religion, la  foi,  l’orientation  sexuelle  ou  l’identité  de 
genre,  ainsi  que  sur  les  actions  visant  différentes  formes  de  discrimination  ou  les 
discriminations  multiples.  L’étude  ne  traite  pas  des  pratiques  de  lutte  contre  les 
discriminations ciblant uniquement le sexe et l’âge. La discrimination fondée sur le sexe 
n’est  abordée  que  dans  le  contexte  d’autres  motifs  de  discrimination,  par  exemple 
l’intersectionnalité entre genre et religion, genre et race, ainsi que genre et orientation 
sexuelle. 

La  méthodologie  de  l’étude  s’appuie  sur  une  recherche  documentaire  des  études  et 
documents existants, sur une enquête menée auprès de syndicats de toute l’UE et sur 
des  études de  cas de 21 pratiques syndicales.  Au total, 80 pratiques pertinentes  ont 
été  identifiées  à  partir  du  rapport  de  2010,  tandis  que  la  recherche  documentaire 
actuelle et l’enquête ont permis de repérer 109 « nouvelles » pratiques. Les pratiques 
les  plus  répandues  sont  celles  liées  à  la  discrimination  fondée  sur  la  race  et/ou 
l’ethnicité,  ainsi  que les  initiatives  visant les  discriminations  multiples,  suivies  par  les 
mesures de lutte contre la discrimination fondée sur l’orientation sexuelle et l’identité 
de  genre.  La  discrimination  fondée  sur  la  religion  et/ou  la  foi  ne  fait  pas  l’objet  d’un 
grand nombre de mesures ni d’une attention particulière. L’étude a été pilotée par un 
Comité directeur composé de représentants de la Commission européenne, de syndicats 
européens intersectoriels et sectoriels, ainsi que de l’ICF. Elle a également été étayée 
par un panel d’experts externes. 

Pourquoi  la  lutte  contre  la  discrimination  devient-t-elle  une  question 
inévitable ?  

Les mesures de lutte contre la discrimination et de promotion de la diversité s’appuient 
sur  une  forte  base  légale  au  sein  de  la  législation  et  des  politiques  de  l’Union 
européenne.  

De  la  même  manière,  les  évolutions  des  législations  nationales  démontrent  que  les 
organisations syndicales doivent s’adapter aux changements du droit et de la société et 
promouvoir de façon croissante la lutte contre la discrimination au travail.  

La discrimination au sein de la société et sur le lieu de travail est un problème persistant. 
Il a été démontré que la discrimination est toujours d’actualité en Europe, malgré les 
mesures  juridiques  et  politiques  déployées  depuis  longtemps  pour  lutter  contre  cette 
dernière.  

L’étude révèle que les syndicats jouent un rôle fondamental pour favoriser la transition 
vers une société plus diversifiée. Parmi les principales motivations des actions syndicales 
de  lutte  contre  la  discrimination,  on  compte  les  niveaux  toujours  élevés  de 
discrimination, les mouvements migratoires et les évolutions du droit dans le domaine 
de la lutte contre la discrimination.  

3 Commission européenne (2010). Pratiques syndicales de lutte contre la discrimination et pour la promotion 
de  la  diversité.  Rapport  rédigé  pour  la  DG EMPL  (emploi,  affaires  sociales  et  inclusion)  par  Working  Lives 
Institute et l’Université métropolitaine de Londres. 

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Quelles actions les organisations syndicales mettent-elles en œuvre pour lutter 
contre la discrimination et promouvoir la diversité ? 

Dans toute l’Europe, des syndicats de ont développé de nombreuses initiatives visant à 
lutter contre les multiples formes de discrimination au travers de pratiques aux priorités 
diverses, de groupes cibles, de communication et d’activités. Ces initiatives englobent 
un large éventail d’approches.  

La cible de l’action des syndicats est double : l’interne et l’externe, le lieu de travail et 
la société. Cela permet de lutter contre la discrimination répétée par différents moyens. 
Les syndicats abordent les questions de discrimination avec leurs membres par le biais 
de  la  formation  et  de  la  sensibilisation  à  l’importance  de  promouvoir  l’égalité  de 
traitement et de lutter contre la discrimination au travail. 

En termes d’activités, les organisations syndicales ont essentiellement mené des actions 
et  des  campagnes  de  sensibilisation,  des  négociations  collectives  et  des  formations 
ciblées au profit de leurs membres. En ce qui concerne le processus de dialogue social, 
les syndicats ont eu recours à un ensemble de pratiques visant à promouvoir la question 
de la lutte contre la discrimination au sein des procédures de négociation collective et 
dans les conventions collectives en découlant. Lors des négociations, un certain nombre 
d’organisations  syndicales  sont  parvenues  à  faire  ajouter  des  clauses  spécifiques  en 
faveur de l’égalité de traitement dans les conventions collectives. 

Les  syndicats  ont  instauré  ou  approfondi  le  dialogue  avec  les  employeurs  en  ce  qui 
concerne  la  manière  de  traiter  les  questions  d’égalité.  Pour  cela,  ils  ont  fourni  des 
orientations,  du  soutien  et  des  conseils  à  leurs  membres  ainsi  qu’aux  experts  en 
négociation de conventions collectives. 

La stratégie globale et multidimensionnelle appliquée par les organisations syndicales 
maximise  l’impact  de  leur  action  en  s’adressant  à  la  société  dans  son  ensemble,  par 
exemple en sensibilisant le public à la discrimination sur le lieu de travail au travers de 
campagnes ou des événements. Cette stratégie s’accompagne souvent d’une dimension 
transversale et d’une approche inclusive du lieu de travail, visant tant les employeurs 
que les membres de syndicats. 

La plupart des pratiques sont déjà en application et incorporées dans les stratégies plus 
vastes  et/ou  les  mesures  structurelles  des  organisations  syndicales.  Cela  assure  la 
continuité  et  l’efficacité  des  actions  et  crée  un  effet  multiplicateur.  Les  syndicats 
combinent souvent des stratégies permanentes et des structures internes à des activités 
ponctuelles.  

Les organisations syndicales développent souvent des collaborations stratégiques afin 
d’élaborer et de mettre en œuvre leurs pratiques de lutte contre la discrimination. Ces 
partenariats  permettent  aux  syndicats  d’accroitre  leur  puissance  de  lobbying  et  de 
mettre en place des lieux de discussion et des échanges de bonnes pratiques.  

Quels sont les effets des actions syndicales de lutte contre la discrimination ? 

Les  mesures  syndicales  ont  produit  des  effets  à  court  et  à  long  terme  en  faveur  de 
l’élimination de la discrimination au travail et ailleurs.  

Ces progrès ont eu un effet important au sein des organisations syndicales, notamment 
en  ce  qui  concerne  la  sensibilisation,  la  montée  en  compétences  des  représentants 
syndicaux  et  le  partage  de  connaissances.  Ces  mesures  ont  également  permis  de 
susciter une prise de conscience au sein des membres de syndicats et les ont aidés à 
traiter  les  questions  de  discrimination,  au  travers  de  formations,  d’aide  juridique  et 
d’activités  pédagogiques.  Certaines  organisations  syndicales  ont  mis  en  place  des 
structures internes spécifiques relatives à l’égalité. Elles ont ainsi pu entreprendre de 
manière plus structurée et sur le plus long terme des actions axées sur l’égalité. Celles-
ci sont également intégrées dans leur stratégie et leur agenda politiques plus larges.  

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Les  syndicats  ont  signalé  une  augmentation  de  la  visibilité  et  une  meilleure  prise  de 
conscience  des  questions  d’égalité  et  de  discrimination  au  sein  du  salariat.  Ils  ont 
apporté  leur  aide  à  des  salariés  exposés  au  risque  de  discrimination  ou  l’ayant  déjà 
subie. Certaines organisations syndicales ont également travaillé directement avec des 
employeurs de manière à réduire la discrimination au travail. Cela a eu un impact positif 
et direct sur les réglementations de ces lieux de travail.  

Les mesures inhérentes aux mandats des syndicats, telles que l’intégration de clauses 
de  non-discrimination  au  sein  des  conventions  collectives  et  le  lobbying  en  faveur 
d’initiatives  législatives,  ont  permis  d’intégrer  les  questions  d’égalité  au  sein  des 
politiques et pratiques des entreprises.  

Les actions syndicales ont influencé le processus décisionnel politique et ont amélioré la 
visibilité des problèmes de discrimination auprès du grand public. Cela a donné lieu à 
des changements au sein du débat et de l’agenda politiques, à l’adoption de nouvelles 
lois ou à des modifications dans la législation existante, faisant ainsi progresser l’égalité 
pour tous.  

Différents facteurs peuvent, selon les cas, favoriser  ou minimiser l’impact des actions 
syndicales de lutte contre la discrimination :  

  Le soutien des membres de la direction des syndicats constitue un élément clé. 
Les  actions  mises  en  œuvre  doivent  être  suffisamment  diversifiées,  souples  et 
efficaces  afin  d’atteindre  les  groupes  cibles.  Un  financement  suffisant  doit  être 
mis à disposition afin que l’action soit durable.  

  L’aspect humain peut constituer un facteur de succès important. On entend par 
là la présence d’un personnel syndical enthousiaste et engagé, mettant en œuvre 
le vaste éventail de mesures liées à la promotion de l’égalité de traitement et à 
la lutte contre la discrimination au travail et ailleurs. La mise en place d’une vaste 
et productive coopération avec des partenaires externes s’est également avérée 
essentielle à la réussite. Un contexte politique, économique et législatif favorable 
permet  également  l’instauration  d’un  environnement  propice  aux  actions 
syndicales visant la discrimination.  

  La détérioration du climat politique dans certains États membres ainsi que des 
contextes législatifs défavorables sont les principaux facteurs externes freinant 
l’action  syndicale.  Les  contraintes  budgétaires  et  en  matière  de  ressources 
humaines  constituent  le  principal  obstacle  interne  aux  activités  syndicales  de 
lutte contre la discrimination, suivies par un manque de soutien et de sensibilité 
aux questions de discrimination et d’égalité en interne. 

Quelles pratiques peuvent être transférées entre les organisations syndicales ?  

Un  ensemble  de  mesures  syndicales  pourrait  être  appliqué  avec  succès  à  d’autres 
contextes  et/ou  organisations.  Le  schéma 1  ci-dessous  présente  une  pyramide  de 
transférabilité. Elle comprend les principaux éléments suivants : 

  Vision stratégique (par exemple, la nécessité de disposer d’une vision stratégique 

claire et explicite sur l’égalité).   

  Structure  organisationnelle (par exemple, disposer de services et de  personnel 

dédiés au traitement des questions de discrimination).   

  Concept  de  la  pratique/de  l’activité  (par  exemple,  formation,  orientations, 

conseils).   

  Modèle  de  prestation  (par  exemple,  éléments  innovants  d’un  programme  de 

formation, implication d’acteurs clés, activités de sensibilisation).  

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Schéma 1. 

 Pyramide de transférabilité 

La vision stratégique constitue le principal moteur de mise en œuvre des activités de 
lutte contre la discrimination par les syndicats, car elle permet au travail des syndicats 
de garder leur cap et d’être mis en avant, mais aussi de garantir que cette lutte demeure 
une  de  leurs  priorités.  Les  annonces  et  les  déclarations  officielles  des  organisations 
syndicales  relatives  à  la  discrimination  ont  permis  d’identifier  des  approches 
transférables.  

Parmi  les  éléments  identifiés  comme  étant  transférables,  on  compte  les  structures 
organisationnelles  des  syndicats (par  exemple :  les  services,  groupes  ou  comités 
spécifiquement consacrés à la lutte contre la discrimination), la définition claire des rôles 
et la répartition des responsabilités. En outre, des points de contact permanents peuvent 
facilement être établis.  

Les organisations syndicales ont mis en œuvre une variété d’activités de lutte contre la 
discrimination,  dont  les  concepts  clés  (par  exemple :  formation  ou  boîtes  à  outils) 
peuvent souvent être transférés à d’autres syndicats ou à d’autres pays. De  la même 
manière,  la  collaboration  avec  d’autres  syndicats  et  avec  des  organisations  ou  des 
experts  externes  constitue  un  élément  transférable  important.  Relier  une  action 
spécifique  à  d’autres  activités  déjà  mises  en  œuvre  s’est  également  révélé  être  une 
méthode d’action fructueuse et transférable.  

Conclusions et recommandations  

Les  organisations  syndicales  constituent  des  acteurs  importants  de  la  lutte  contre  la 
discrimination  et  apportent  une  contribution  essentielle  dans  le  domaine.  Elles  sont 
généralement dotées de structures bien organisées, bien que cela dépende largement 
des  ressources  disponibles  et  du  pays.  Les  représentants  syndicaux  présents  sur  les 

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lieux  de  travail  peuvent  faire  appel  à  l’expertise  de  leurs  responsables  et  de  leurs 
bureaux sectoriels et nationaux. Cela leur donne la possibilité de créer des changements 
sociétaux  de  plus  grande  ampleur  au  travers  d’actions  visant  à  éliminer  la 
discrimination. 

Dans certains cas, les organisations syndicales ont créé de nouvelles structures afin de 
faciliter les processus de communication et de coopération verticales et horizontales. Ce 
domaine semble être particulièrement utile pour l’apprentissage entre pays et pour le 
transfert  de  pratiques,  et  il  présente  déjà  des  résultats  satisfaisants.  Au  vu  de  leur 
potentiel à amener des changements, les syndicats devraient bénéficier de davantage 
de soutien. Cependant, la pratique, le manque de financement (actuel) et le manque 
d’appui de la part des acteurs institutionnels sont autant de freins au maintien durable 
de  leurs  activités.  Ce  manque  de  durabilité  peut  malheureusement  rendre  certaines 
mesures de lutte contre la discrimination contreproductives, en créant de la lassitude et 
de la désillusion ainsi que des attentes irréalistes.  

Les principales recommandations de l’étude sont les suivantes :  

  La  Commission  européenne  doit  davantage  encourager  l’action  syndicale :  il 
existe une marge de manœuvre pour renforcer le soutien apporté aux syndicats 
afin  d’accroître  leur  capacité  à  mettre  en  œuvre  des  actions  de  lutte  contre  la 
discrimination  au  travers  de  financements,  d’activités  de  sensibilisation, 
d’échange d’expériences et du renforcement des structures de dialogue social à 
l’échelle nationale. 

  Les organisations syndicales doivent faire progresser leurs actions d’élimination 
de la discrimination : elles doivent déployer ces actions de manière plus durable, 
structurée et globale ; nouer de solides partenariats avec les principales parties 
prenantes  (principalement  les  employeurs) ;  tirer  des  enseignements  de 
l’expérience des syndicats d’autres pays ; et soutenir l’intégration de la question 
de  la  discrimination  au  sein  des  procédures  de  négociation  collective  et  de 
dialogue social.  

  Les  organisations  d’employeurs  doivent  apporter  une  contribution  conséquente 
aux  actions  d’élimination  de  la  discrimination :  elles  doivent  reconnaître  et 
coopérer activement avec les organisations syndicales dans le cadre de la lutte 
contre la discrimination, notamment dans le cadre des procédures de négociation 
collective et de dialogue social.  

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1 

Introduction 

In 2010, the European Commission carried out a study on trade union practices on anti-
discrimination  and  diversity4  with  the  aim  of  identifying  their  non-discrimination 
practices between 2000 and 2010. This follow-up study seeks to provide the Commission 
(and  its  key  stakeholders)  with  an  updated,  qualitative  analysis  of  trade  unions' 
practices  and/or  initiatives  on  non-discrimination  and  diversity.  This  ensures 
that the Commission has an up-to-date knowledge base for the development of further 
policy and practice in this area. More specifically, the main objectives of the study were: 

  To  track  the  main  developments  in  trade  union  practices  and/or  initiatives  on 

non-discrimination and equality since 2010; 

  To identify the elements/factors that have contributed to the success of the trade 

union practices/initiatives;  

  To  examine  the  potential  transferability  of  successful  approaches  to  other 

Member States. 

The  study  examined  practices  aimed  at  combating  discrimination  on  the 
grounds  of  race  or  ethnic  origin,  religion  or  belief,  sexual  orientation  and 
gender identity, as well as those targeting several forms of discrimination or 
multiple  discrimination.  Non-discrimination  practices  that  solely  address  gender-
based  and  age-based  discrimination  were  not  included.  Gender-based  discrimination 
was  considered  only  in  the  context  of  other  ground  of  discrimination,  e.g. 
intersectionality related to gender/religion, gender/race and gender/sexual orientation5. 

The 2010 study methodology was based on desk research, a survey of trade unions 
and  subsequent  case  studies.  The  same  approach  was  applied  in  this  study,  with 
practices identified through desk review and a survey of trade unions, followed by 21 
case studies.   

The first step in the current study was to carry out desk research and interviews with 
European (EU) level trade union representatives to establish which of the 2010 practices 
were  still  in  place  or  had  since  evolved  but  continue  to  play  a  role.  Additional  desk 
research was carried out to identify new trade union practices. This relied substantially 
on practices reported in a survey of EU and national trade unions carried out as part of 
this study and disseminated by members of the steering group (European Trade Union 
Confederation  (ETUC),  European  Trade  Union  Committee  for  Education  (ETUCE), 
European Federation of Public Service Unions (EPSU), European Service Workers’ Union 
(UNI  Europa)).  A  total  of  80  relevant  practices  were  identified  from  the  2010  report, 
while desk research and the survey found 109 ‘new’ practices. The draft findings were 
discussed in the final conference of the study, attended by over 100 representatives of 
trade unions across Europe, in October 2019. 

4 European Commission (2010). Trade union practices on anti-discrimination and diversity. Report prepared 
on behalf of DG EMPL by the Working Lives Institute and London Metropolitan University. 
5 Intersectionality is defined with  reference to EIGE’s definition as a concept relating to the ways in which sex 
and gender intersect with other personal characteristics/identities, and how these intersections contribute to 
unique experiences of discrimination (see: https://eige.europa.eu/thesaurus/terms/1263).  

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2  Why 

is  the  fight  against  discrimination  becoming  a 

compelling issue?  

Summary of key results  

  The  Treaty  on  the  Functioning  of  the  European  Union  (TFEU) 
gives  a  clear  mandate  to  the  Union  to  combat  discrimination 
based  on  sex,  racial  and  ethnic  origin,  religion  or  belief, 
disability, age and sexual orientation. The Charter of Fundamental 
Rights,  the  Directive  2000/78/EC  prohibiting  discrimination 
in 
employment  and  the  Race  Equality  Directive  2000/43/EC  further 
confirm the  EU's  commitment to tackling discrimination in the labour 
market. Trade unions are first in line to address discrimination on all 
grounds,  in  their  key  role  in  social  dialogue  in  negotiations  with 
employers,  in  supporting  victims  of  discrimination  and  in  monitoring 
discrimination in the workplace.  

  Recent  developments  in  national  legislation  on  LGBT  rights  (e.g. 
recognition  of  same-sex  unions)  underline  the  need  for  trade  union 
action to adapt to legal changes and push for greater inclusion at work. 
Conversely,  legislative  frameworks  sometimes  fail  to  address 
societal  evolution  on  discrimination.  This  can  be  seen  in  certain 
Member  States,  where  a  context  of  increasing  Islamophobia  has 
impacted the level of restriction faced by Muslim women in respect of 
their religious dress.  In these cases, trade unions have an important 
role to play in pushing for legislative changes by lobbying for effective 
diversity policies at national level. 

  In  the  current  complex  and  rapidly  changing  socioeconomic  and 
demographic context at both EU and national level, trade unions play 
a fundamental role in supporting the transition towards a more 
diverse society, not least because discrimination in society and 
the workplace is an  enduring issue. High and persistent levels of 
discrimination,  migration  trends  and  legal  changes  were  the  main 
drivers for unions to act on non-antidiscrimination.  

  Alongside  increasingly  acrimonious  and  polarised  political  debate,  as 
well as the rise of far-right movements (which tap into concerns about 
globalisation, immigration and the role of European integration), there 
is also a new awareness of the need to promote and support a 
more integrated society, including through trade union action.  

2.1  Non-discrimination in EU legislation and policies 

2.1.1  EU non-discrimination principles in primary law 

In  1997,  Article  13  of  the  Treaty  of  Amsterdam  (amending  the  Treaty  on  European 
Union,  TEU)  gave  a  legislative  basis  for  the  EU  to  actively  fight  discrimination 
based  on  sex,  racial  or  ethnic  origin,  religion  or  belief,  disability,  age  or  sexual 
orientation. Today, Article 2 TFEU establishes the non-discrimination principle as one of 

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the  fundamental  values  of  the  Union,  while  Article  10  specifies  the  discrimination 
grounds recognised in legislation6.  

The equal treatment principle is enshrined in the Charter of Fundamental Rights of the 
European Union7. Article 20 of the Charter confirms that everyone is equal before the 
law, while Article 21 prohibits discrimination on a non-exhaustive list of grounds, namely 
sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, 
political  or  any  other  opinion,  membership  of  a  national  minority,  property,  birth, 
disability,  age  or  sexual  orientation8.  However,  the  principle  of  non-discrimination 
defined under the Charter has a limited scope, pursuant to Article 51 of the Charter of 
Fundamental  Rights.  The  Charter  is  only  applicable  where  the  matter  falls  within  the 
scope of EU law, which means that it is only binding for Member States where they are 
implementing  EU  law9.  This  confirms  that  the  principle  of  non-discrimination  is  not 
extended to fields other than those defined in secondary legislation.  

Recently,  the  EU  renewed  its  commitment  to  the  principle  of  equal  opportunities  and 
access to the labour market in the European Pillar of Social Rights10. The Pillar builds on 
20  key  principles,  structured  around  three  categories,  one  of  which  is  equal 
opportunities and access to the labour market. Here, the EU emphasises the importance 
of  the  principle  of  equal  opportunities  regardless  of  gender,  racial  or  ethnic  origin, 
religion or belief, disability, age or sexual orientation in the areas of employment, social 
protection, education, and access to goods and services.  

The Court of Justice of the European Union (CJEU) ranked the equal treatment principle 
as a general principle of the EU in the Glatzel case11. The Court noted that the principle 
of equal treatment, as laid down in Article 20 of the Charter, is a general principle of EU 
law  and  the  provisions  enshrined  in  Article  21(1)  of  the  Charter  are  a  ‘particular 
expression’ of the general principle. This means that specific grounds of discrimination 
are laid down in Article 21(1), detailing Article 20 of the Charter. 

EU non-discrimination in secondary legislation 

EU  non-discrimination  law  was  originally introduced  to  facilitate  the  functioning  of 
the  internal  market  and  was  traditionally  confined  to  the  sphere  of  employment. 
Following the inclusion of Article 13 in the Treaty of Amsterdam in 1997, the EU adopted 
the  Racial  Equality  Directive  (RED)  (2000/43/EC)12,  thus  expanding  non-
discrimination legislation to areas outside of employment. The fields of education, social 
protection (including social security and healthcare),  social advantages and access to 
and  supply  of  goods  and  services  are  covered  by  the  RED.  The  Directive  requires 
Member States to designate an equality body to promote equal treatment, which must 
provide  concrete  assistance  to  victims,  conduct  independent  surveys  concerning 
discrimination, and publish reports to draw recommendation on racial discrimination13. 
The  second  Directive  adopted  in  2000  in  the  field  of  non-discrimination  is  Directive 

the  European  Charter  of  Fundamental  Rights.  Available  at: 

6 Sex, racial or ethnic origin, religion or belief, disability, age, sexual orientation. 
7 OJ 26.10.2012 C326/391. 
8  Articles  20  and  21  of 
http://www.europarl.europa.eu/charter/pdf/text_en.pdf  
9  See  the  following  cases  for  more  information  on  the  scope  of  application  of  the  Charter  of  Fundamental 
Rights: judgment of 13 July 1989, Case 5/88 Wachauf [1989] ECR 2609; judgment of 18 June 1991, Case C-
260/89  ERT  [1991]  ECR  I-2925;  judgment of 18  December 1997,  Case C-309/96 Annibaldi  [1997]  ECR I-
7493. 
10  https://ec.europa.eu/commission/priorities/deeper-and-fairer-economic-and-monetary-union/european-
pillar-social-rights/european-pillar-social-rights-20-principles_en  
11 CJEU, C-356/12, Wolfgang Glatzel v. Freistaat Bayern, 22 May 2014, para. 43. 
12  Council  Directive  2000/43/EC  of  29  June  2000  implementing  the  principle  of  equal  treatment  between 
persons irrespective of racial or ethnic origin.  
13 Article 13 RED. 

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2000/78/EC,  or  the  Employment  Equality  Directive14,  which  established  a  general 
framework to ensure equal treatment in the workplace on grounds of religion or belief, 
disability, age or sexual orientation.  

In both Directives, discrimination is understood as a broad concept, encompassing direct 
and indirect discrimination, harassment and instruction to discriminate. The role of social 
partners in the application of the principle of non-discrimination is laid down under two 
identical  provisions:  Article  11  of  the  RED  and  Article  3  of  the  Employment  Equality 
Directive. They oblige 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  Directives15.  Therefore,  social  partners  are  responsible  for 
fostering  equal  treatment  dialogue  by,  for  instance,  monitoring  workplace  practices, 
collective  agreements,  codes  of  conduct  and  through  research  or  exchange  of 
experiences and good practices.  

The Council Framework Decision on racism and xenophobia by means of criminal 
law is another important EU legislative act that has to be transposed at Member State 
level.  It  aims  to  harmonise  the  laws  and  regulations  of  EU  countries  on  offences 
involving certain manifestations of racism and xenophobia16.  

Although the two non-discrimination Directives afford protection against discrimination 
on the grounds of race, sexual orientation, religion and belief, age and disability, this 
protection does not exist in all areas of life for most of these grounds. In 2008, therefore, 
the European Commission put forward a proposal for a Directive on implementing 
the principle of equal treatment outside the labour market, irrespective of age, 
disability,  sexual  orientation  or  religious  belief17.  This  Directive  aimed  to  provide  a 
horizontal approach to non-discrimination law and therefore extend protection against 
discrimination in all areas of life for all grounds mentioned in the Employment Equality 
Directive. Despite active support from the European Parliament18, the draft proposal is 
blocked at the Council, with unanimity yet to be reached. In November 2018, the Council 
published a ‘progress report’ on the draft, 10 years after the proposal was submitted by 
the Commission, concluding that: ‘extensive further political discussions will be needed 
before  the  required  unanimity  can  be  reached  in  the  Council’19.  Member  States  thus 
remain  the  only  competent  authorities  to  introduce  non-discrimination  policies  on 
grounds of religion, sexual orientation, gender identity, age and disability in any area 
outside the workplace.  

CJEU  judgements  have  contributed  greatly  to  the  legislative  landscape  on 
equal treatment. For  instance, in the  recent  Coman  case of 5 June  2018, the CJEU 
ruled that a spouse of a same-sex marriage must enjoy the same freedom of movement 
rights as a spouse of a different-sex marriage20. In practice, it obliges all Member States 
to recognise a same-sex marriage from another  EU Member State  for  the purpose of 

14 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment 
in employment and occupation (Employment Equality Directive).  
15 Article 11(2) RED and Article 13(2) Employment Equality Directive. This is also underlined in Recital 23 RED 
and Recital 33 and Article 18 Employment Equality Directive. 
16 Council Framework Decision on racism and xenophobia (2008/913/JHA). 
17 Commission’s proposal for a Council Directive on implementing the principle of equal treatment between 
persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008) 426 final). Available 
at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52008PC0426:EN:NOT  
18 European Parliament (2009). Press release ‘European Parliament backs new anti-discrimination directive’, 
April 
http://www.europarl.europa.eu/sides/getDoc.do?language=en&type=IM-
PRESS&reference=20090401IPR53200  
19  Council  of  the  European  Union  (2018).  Progress  report  14253/18.  Brussels.  Available  at: 
https://www.eumonitor.eu/9353000/1/j9vvik7m1c3gyxp/vktj9botz0zd#p1  
20 Case C-673/16, Coman, 5 June 2018. 

2009.  Available 

at: 

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granting freedom of movement rights, including residence rights. Additionally, the Chez 
case21 provides important clarification of the personal scope of the RED. It specifies that 
an  individual  may  suffer  less  favourable  treatment  or  a  particular  disadvantage  on 
grounds of racial or ethnic origin, despite not themselves being a member of the race 
or ethnic group concerned.  

For discrimination on the grounds of religion or belief, the CJEU has left a wider margin 
of appreciation to Member States. In the Achbita case (2017), the Court considered that 
the  religious  headscarf  ban  imposed  by  employers,  although  constituting  indirect 
discrimination  on  ground  of  religion,  may  be  justified  by  the  necessity  to  promote  a 
‘neutral image’ in a business22. This opens the door for Member States to adopt general 
headscarf bans.  

2.1.2  EU non-discrimination principles deriving from the European Convention 

of Human Rights (ECHR) 

The CJEU developed the general principles of Community law, which must  also reflect 
the human rights protections found in human rights treaties, in particular the European 
Convention of Human Rights (ECHR)23. EU law and EU jurisprudence also confirm 
that the Council of Europe’s standards should be considered by the EU. Article 52(3) of 
the EU Charter of Fundamental  Rights provides that in so far as the Charter contains 
rights which correspond to rights guaranteed by the ECHR, the meaning and scope of 
these rights shall be the same as those laid down by the Convention.  

Thus,  the  ECHR  and  the  related  case-law  of  the  European  Court  of  Human  Rights 
(ECtHR)  are  relevant  to  understanding  the  protective  legal  framework  against 
discrimination.  Article  14  of  the  ECHR  prohibits  discrimination  on  any  grounds,  and 
mentions  sex,  race,  colour,  language,  religion,  political  or  other  opinion,  national  or 
social origin, association with a national minority, property, birth, or other status. This 
includes  direct  and  indirect  discrimination.  However,  this  Article  is  only  applied  in 
relation to the exercise of another right guaranteed by the Convention. Protocol 12 of 
the ECHR established the prohibition of discrimination as a free-standing right.  

When applying Article 14 of the Convention, the ECtHR has developed a consistent body 
of  cases  and  adopted  a  broad  interpretation.  Firstly,  in  its  ruling  on  intersectional 
discrimination in case S.A.S v. France, the Court recognised that multiple discrimination 
grounds can occur24. Secondly, Article 14 provides a legal basis to condemn harassment 
and instruction to discrimination, notably in the case  Đorđević v. Croatia25. Finally, in 
2017, the Court ruled on a hate crime case on the basis of Article 14 ECHR26. Here, the 
Court makes it clear that in assessing hate crimes, it is not the background of the victim 
that is essential but the nature of the hate of the perpetrator. In other words, the ground 
of discrimination on which the victim was attacked, or the actual belonging of the victim 
to  the  discriminated  group,  is  irrelevant  in  determining  whether  the  crime  should  be 
defined as a hate crime.  

21 Case C-83/14, CHEZ Razpredelenie Bulgaria, 16 July 2015 para. 56. 
22 Case C-157/15, Achbita, 14 March 2017. 
23 This was confirmed in many judgments of the CJEU, such as Case 4/73, J. Nold 14 May 1974. Regarding 
the  principle  of  non-discrimination,  the  CJEU  confirmed  the  application  of  the  ECHR  in  Case  C-149/77, 
Defrenne 5 June 1978. 
24 ECtHR, S.A.S. v. France [GC], No. 43835/11, 2014. 
25 ECtHR (2012). Đorđević v. Croatia, No. 41526/10.  
26 ECtHR (2017). Škorjanec v. Croatia, No. 25536/14. 

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2.1.3  EU non-discrimination policies 

The  EU  has  developed  a  wide  range  of  policies  to  promote  equality.  The 
‘European Year of  Equal Opportunities for All’ in 2007 represented one of the biggest 
campaigns to date in the fight against discrimination and saw political leaders make a 
commitment  to  equal  opportunities  in  their  countries27.  A  few  years  earlier,  the 
campaign  ‘For  Diversity,  Against  Discrimination’  was  launched  by  the  Commission  to 
raise awareness of the existing non-discrimination legislation and promote the benefits 
of diversity28. More recently, EU strategies have focused on specific protected grounds 
under  EU  law,  such  as  the  European  Disability  Strategy  2010-2020  (combating 
discrimination against people with disabilities) and the EU Framework for National Roma 
Integration  Strategies  up  to  2020  (combating  discrimination  against  the  Roma 
community).  The  principle  of  equal  opportunities  is  also  recognised  in  other  recent 
initiatives. For instance, the 2016 Communication on ‘New Skills Agenda for Europe  – 
Working  together  to  strengthen  human  capital,  employability  and  competitiveness’ 
recognised  that  ‘inclusive  labour  markets  should  draw  on  the  skills  and  talents  of  all 
[…]’. The European Commission also recently published a Practical Guide to launch and 
implement a Diversity Charter, encouraging and guiding Member States to introduce a 
Diversity Charter at national level29. 

The  European  Parliament’s  resolution  on  strengthening  the  fight  against  racism, 
xenophobia and hate crime30 can also be mentioned as a landmark policy intervention, 
expressing  the  EU’s  commitment  to  fight  discrimination.  Finally,  in  its  recent 
Recommendation  of  June  2018,  the  Commission  called  for  stronger  national  equality 
bodies to fight discrimination and presented a set of measures to ensure that equality 
bodies fight discrimination effectively31. 

2.2  Recent  developments  in  non-discrimination  laws  and  policies 

across Member States  

Legislative and policy developments in Member States are discussed with regard to the 
different grounds of discrimination.  

2.2.1  Discrimination based on sexual orientation and gender identity 

Protection  against  discrimination  on  the  grounds  of  sexual  orientation  and 
gender identity varies across the Member States. Although the general principle 
of  equal  treatment  is  mentioned  in  every  Member  State’s  highest  legal  norms  (the 
Constitution, in most cases), few refer specifically to discrimination on grounds of sexual 
orientation or/and gender identity. Of the EU-28, 12 countries (AT, BE, EE, FI, FR, DE, 
MT,  NL,  PT,  SI,  SE,  UK)  prohibit  discrimination  specifically  on  grounds  of  sexual 
orientation, with only three of these (AT, MT, UK) covering discrimination on the grounds 
of gender identity. In 2014, Malta became the first country in the EU to introduce the 

27 European Commission (2007). ‘European Year of Equal Opportunities for All’. Press release. Available at: 
http://europa.eu/rapid/press-release_IP-05-647_en.htm    
28  European  Commission  (n.d.).  For  Diversity,  Against  Discrimination’  campaign.  Available  at: 
https://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=451&furtherNews=yes#navItem-1  
29 http://ec.europa.eu/justice/discrimination/files/emerging_charter_guide_en.pdf   
30 European Parliament (2013). Resolution on strengthening the fight against racism, xenophobia and hate 
crime 2013/2543(RSP). 
31 European Commission (2018). Recommendation of 22 June 2018 on standards for equality bodies. Available 
at: https://ec.europa.eu/info/sites/info/files/2_en_act_part1_v4.pdf  

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ground  of  gender  identity  in  the  list  of  grounds  of  non-discrimination  found  in  the 
Constitution32. 

The  legal  rights  granted  to  lesbian,  gay,  bisexual,  transgender  and  intersex  (LGBTI) 
individuals are further detailed in Member State legislation.  

  An  increasing  number  of  countries  have  recognised  same-sex  unions  in  recent 
years.  As  of  today,  14  European  countries  legally  recognise  and  perform 
same-sex marriage (AT, BE, DE, DK, FI, FR, IE, LU, MT, NL, PT, ES, SE, UK). 
In Austria, same-sex marriage is legal since 1 January 2019. An additional eight 
European  countries  legally  recognise  some  sort  of  civil  union,  such  as 
registered  partnership  (HR,  CY,  CZ,  EE,  HL,  HU,  IT,  SI).  The  civil  status  of 
same-sex couples has changed rapidly in recent years: in 2017, Austria, Finland, 
Germany,  Ireland  and  Malta  introduced  legislation  permitting  same-sex 
marriage. These countries aligned the civil status of same-sex couples to that of 
married couples33. Only Bulgaria, Latvia, Lithuania, Poland, Romania and Slovakia 
do not recognise any form of same-sex union34. However, since the ruling of the 
CJEU  on 5 June 2018,  Member States must  recognise the rights of all married 
couples  in  relation  to  the  right  of  free  movement  of  persons,  no  matter  their 
gender  or  sexual  orientation35.  This  applies  even  in  countries  where  same-sex 
unions are not recognised. 

  Despite the fact that the majority of Member States have recognised same-sex 
unions, the right to adoption is still limited in the EU. In fact, countries recognising 
same-sex unions do not necessarily recognise the right to adoption for same-sex 
couples.  This  is  the  case,  for  instance,  in  Cyprus  and  Slovenia.  At  the  time  of 
writing (December 2018), 12 countries (AT, BE, DK, FR, FI, IE, LU, MT, NL, ES, 
SE, UK) allow same-sex couples to adopt children. However, specific rules 
may apply. In Denmark, for example, same-sex couples must be registered for 
at least two years36.  

  Recognition of gender identity is not widespread, with Finland the only Member 
State to define the term ‘gender identity’ in its legislation37. As of 2018, France, 
Denmark,  Ireland,  Belgium  and  Greece  (and  Norway)  offer  legal  gender 
recognition  procedures  based  on  self-identification,  representing  a  new 
generation  of  laws  across  Europe.  In  a  further  21  Member  States38,  there  is 
considerable  variation  on  the  type  of  recognition  procedures  in  place,  with  all 
requiring  a  mental  health  diagnosis39.  Seven  Member  States  require  forced 
sterilisation as an element of their legal gender recognition procedure, 11 require 
a divorce, and 20 have an age barrier. Cyprus is the only Member State with no 
mechanism 
recognition.  
Finally,  in  line  with  the  CJEU  case  law  on  gender  reassignment40,  10  Member 

gender 

allow 

legal 

to 

32  Article  45(3) of  the Constitution  of  Malta  provides  that  ‘the  expression  "discriminatory"  means  affording 
different treatment to different persons attributable wholly or mainly to their respective descriptions by (…) 
sexual orientation or gender identity.’ 
33  EU  Agency  for  Fundamental  Rights  (FRA)  (2018).  Fundamental  rights  report,  p.  57.  Available  at: 
http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018 
34 https://europa.eu/youreurope/citizens/family/couple/registered-partners/index_en.htm  
35 Case C-673/16 Coman, 5 June 2018. 
36 Briefing of the European Parliament of June 2016 on ‘Adoption of children in the European Union’. Available 
at: http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/583860/EPRS_BRI(2016)583860_EN.pdf 
37 Senden and Timmer (2016). A comparative analysis of gender equality law in Europe. European network of 
legal experts in gender equality and non-discrimination. 
38 AT, BG, CZ, DE, EE, ES, FI, HR, HU, IT, LT, LU, LV, NL, PL, PT, RO, SE, SI, SK, UK. 
39 Trans Rights Europe (2018). Map and Index. Available at: https://tgeu.org/trans-rights-map-2018/  
40 Case C-451/16, MB.I v Secretary of State for Work and Pensions, 5 December 2017. The CJEU ruled that 
discrimination  arising  from  the  gender  reassignment  of  a  person  falls  within  the  prohibition  of  sex 
discrimination.  

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States  have  explicitly  codified  the  prohibition  of  discrimination  due  to  gender 
reassignment (BE, BG, CZ, FI, EL, MT, PT, SK, SE, UK). 

  The  2015  FRA  comparative  analysis  on  LGBTI  discrimination41  found  that 
collection of data on discrimination and victimisation based on sexual orientation 
and  gender  identity  was  still  lacking.  As  of  2015,  the  majority  of  EU  Member 
States  provide  legal  protection  against  hate  crimes  and  hate  speech  with 
legislation making it a criminal offence to incite hatred, violence or discrimination 
(AT, BE, HR, CY, DK, EE, FI, FR, EL, HU, IR, LT, LU, MT, NT, PT, SK, SI, SE, UK). 
The number of EU Member States that prohibit hate speech based on sexual 
orientation  increased  from  13  to  20  between  2013  and  2015.  Of  these,  only 
eight  (HR,  FR,  EL,  MT,  PT,  ES,  UK)  explicitly  prohibit  hate  speech  based  on 
gender identity in their criminal code. Despite these legislative advances, the 
FRA report on LGBTI discrimination underlined that hate speech incidents fail to 
reach  the  prosecution  stage  in  some  Member  States  (e.g.  Lithuania  and 
Hungary)42.  Hate  speech  continues  to  be  a  major  issue  of  concern  in  Member 
States43.  

  The national legislation of Austria, Bulgaria, Croatia, Denmark, Germany, Ireland, 
Italy,  Poland  and  Romania  explicitly  refers  to  the  possibility  to  claim 
discrimination  on  multiple  grounds44.  In  other  Member  States,  such  as 
Belgium and France, national courts rule on intersectional discrimination but it is 
not a ground specifically laid down in legal texts.  

  Recent policies adopted by several Member States suggest a change of attitude 
towards  gender  identity,  expression  and  characteristics45.  In  Denmark46, 
Germany47,  Luxembourg48,  Malta49  and  Austria,50  for  example,  government 
action  plans  are  currently  reshaping  legislation  and  developing  national 
strategies 
reduce 
transgender 
to 
discrimination.  

individuals  and 

recognise 

on 

FRA 

ILGA 

LGBTI 

Report 

(2016). 

Available 

individuals. 

41  FRA  (2015).  Protection  against  discrimination  on  grounds  of  sexual  orientation,  gender  identity  and  sex 
characteristics in the EU – Comparative legal analysis update. 
42  FRA  (2015).  Protection  against  discrimination  on  grounds  of  sexual  orientation,  gender  identity  and  sex 
characteristics in the EU – Comparative legal analysis update. 
43 
europe.org/sites/default/files/Attachments/annual_review_2016-for_web.pdf  
44 Senden and Timmer (2016). A comparative analysis of gender equality law in Europe. European network of 
legal experts in gender equality and non-discrimination.  
45 
http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018  
46 The Danish Ministry of Health published guidelines on health assistance in the context of gender identity 
and gender reassignment in September 2018. 
47 Ministry for Family Affairs, Senior Citizens, Women and Youth (2018). 
48 The Government Council mandated an inter-ministerial committee to reflect on the possibility of adding a 
third sex category to the Civil Code.  
49 LGBTIQ Action Plan 2015-2017: an X gender marker in passports and identity cards was implemented in 
September 2017. 
50  The  Austrian  Bioethics  Commission  published  a  position  paper  on  intersexuality  and  trans  identity 
(Transidentität), addressing 25 recommendations to the Federal Government. 

https://www.ilga-

Fundamental 

Available 

(2018). 

report. 

rights 

at: 

at: 

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2.2.2  Discrimination based on racial or ethnic origin 

National  laws  on  non-discrimination  covering  race  and  ethnic  origin51  are 
largely  based  on  Article  1  of  the  International  Convention  on  the  Elimination  of  all 
forms  of  Racial  Discrimination,  which  entered  into  force  on  4  January  1969  and  was 
ratified  by  all  EU  Member  States.  Article  1  defines  racial  discrimination  as  ‘any 
distinction,  exclusion,  restriction  or  preference  based  on  race,  colour,  descent,  or 
national or ethnic origin which has the purpose or effect of nullifying or impairing the 
recognition,  enjoyment  or  exercise,  on  an  equal  footing,  of  human  rights  and 
fundamental  freedoms  in  the  political,  economic,  social,  cultural  or  any  other  field  of 
public life’. An important legal distinction is the difference between national and ethnic 
origin. National origin refers to nationality, while ethnic origin covers cultural, religious 
or linguistic minorities.  

Following the end of World War II, minority rights and minority protection laws emerged 
in Member States, protecting long-standing national minorities, in particular. It was not 
until  1995  that  the  Council  of  Europe  signed  the  Framework  Convention  for  the 
Protection  of  National  Minorities  (FCNM),  which  became  effective  by  1998.  The 
Convention  does  not  define  a  ‘national  minority’,  leaving  it  to  the  ratifying  state’s 
discretion, although within the limits of the broader goal of the FCNM and interpretation 
of ‘minority’ in the body of international human rights instruments. It does, however, 
explain the various levels of minority protection and minority recognition. The broader 
goal of the FCNM was to create a space for diversity and recognition of ‘being different’, 
promoting social cohesion and integration in a society. This is similar to the RED, which 
similarly  avoids  a  single  definition  of  ‘racism’  in  favour  of  the  idea  that  racism  takes 
multiple  forms,  varying  over  time  and  by  place.  Indeed,  in  2017,  the  CJEU  in  Jyske 
Finans  A/S  v.  Ligebehandlingsnævnet  on  a  preliminary  ruling  request  on  the 
interpretation  of  direct  and  indirect  discrimination  on  ethnic  grounds  under  the  RED, 
confirmed that ethnic origin cannot be determined on the basis of a single criterion but 
on a number of factors52.  

Another body with an important monitoring role in respect of discrimination based on 
race, ethnic origin, national minorities and intolerance is the European Commission 
against Racism and Intolerance (ECRI) set up by the Member States of the Council 
of Europe in 2002. Part of its work is to provide general policy recommendations for all 
Member  States  to  take  into  account  when  drawing  up  legislation  and  policies.  ECRI 
issued  Recommendation  No.  7  (adopted  in  2002)  on  national  legislation  to  combat 
racism and intolerance, and which is a key instrument defining indirect and direct racial 
discrimination53. The ECRI and the Advisory Committee monitoring the FCNM adopted 
broad interpretations of racial discrimination, covering groups subject to Islamophobia, 
anti-Semitism, persons of black descent, Roma and discrimination based on nationality. 

It  should  be  highlighted  that  definitions  of  racism,  ethnic  origin  and  national 
minority  vary  significantly  between  the  Member  States,  complicating  the 
possibility of a detailed comparative picture. Some Member States use ethnic origin or 
race interchangeably, such as France or Czechia. In Austria, the law only recognises the 

51 European network of legal experts in gender equality and non-discrimination (2017). The meaning of racial 
or  ethnic  origin  in  EU  law:  between  stereotypes  and  identities.  Report,  p.70.  Germany  and  Slovakia 
implemented this Convention with direct applicability into their national legislation. 
52 CJEU Case of Jyske Finans A/S v Ligebehandlingsnaevnet, C-688/15 6 April 2017. 
53  1.  For  the  purposes  of  this  Recommendation,  the  following  definitions  shall  apply:  b)  ‘direct  racial 
discrimination’  shall  mean  any  differential  treatment  based  on  a  ground  such  as  race,  colour,  language, 
religion, nationality or national or ethnic origin, which has no objective and reasonable justification. ... 

(c) ‘indirect racial discrimination’ shall mean cases where an apparently neutral factor such as a provision, 
criterion or practice cannot be as easily complied with by, or disadvantages, persons belonging to a group 
designated by a ground such as race, colour, language, religion, nationality or national or ethnic origin, unless 
this factor has an objective and reasonable justification.’ 

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term ‘ethnic affiliation’54, while others make a clear distinction between both concepts, 
such  as  in  the  UK.  On  the  other  hand,  countries  such  as  Hungary  recognise  solely 
national  minorities,  including  Roma55.  Only  the  UK  and  Sweden  provide  for  explicit 
reference to race and ethnic origin in their non-discrimination laws. In Austria, Denmark, 
Estonia, Finland, Germany (Land level) and the Netherlands, reference is made to these 
grounds in preparatory works or explanatory notes to national laws.  

The  ECRI  has  provided  recommendations  to  Bulgaria,  Denmark,  France,  Greece, 
Ireland, Latvia, the Netherlands, Romania and Slovenia, where concerns persist about 
the lack of explicit recognition of specific minority groups56. 

Notable  changes  in  non-discrimination  legislation  were  recently  adopted  in  Slovakia57 
and Finland58. In Ireland, the Irish Traveller community was explicitly recognised in May 
2017 as a separate ethnic minority group59. 

In  some  Member  States,  recent  national  court  rulings  exist  relating  to  ‘unlawful 
discriminatory  ethnic  profiling’60,  i.e.  Germany61,  Sweden62,  France63,  Hungary64  and 
Slovakia.65  In  many  cases,  the  issues  in  the  cases  concerned  areas  that  were  not 

54 This term is interpreted broadly by case-law and it includes migrant background – see: European network 
of  legal  experts  in  gender  equality  and  non-discrimination  (2018).  Report  on  Austria.  Available  at: 
https://www.equalitylaw.eu/downloads/4740-austria-country-report-non-discrimination-2018-pdf-2-29-mb  
55 European network of legal experts in gender equality and non-discrimination (2017). The meaning of racial 
or ethnic origin in EU law: between stereotypes and identities. Report, pp. 57, 63. 
56  In  Bulgaria,  this  concerns  Pomak  and  Macedonian  minorities;  in  Denmark,  the  Roma;  in  France,  the 
Travellers; in Greece, Muslim minorities; in Latvia, Latgalian; in the Netherlands, Roma and Sinti; in Romania, 
the Csango Community; in Poland, the Silesian minority; in Slovenia, the former Yugoslav community (see: 
European network of legal experts in gender equality and non-discrimination (2017). The meaning of racial 
or ethnic origin in EU law: between stereotypes and identities. Report, pp. 61-62. 
57  In  2016,  Slovakia  adopted  a  new  non-discrimination  act  (Protection  Against  Discrimination  Act),  which 
explicitly sets out race and ethnicity, language and religion as protected grounds. Colour and other grounds 
are  covered by  the  general clause  ‘any other  personal  ground’  (see:  European  network  of  legal experts  in 
gender  equality  and  non-discrimination  (2017).  The  meaning  of  racial  or  ethnic  origin  in  EU  law:  between 
stereotypes and identities. Report, p. 63. 
58 In 2014, Finland re-worked its non-discrimination protection framework relying more on the ‘origin’ concept 
rather than race and ethnic origin to cover a broader scope and intersectional types of discrimination (see: 
European network of legal experts in gender equality and non-discrimination (2017). The meaning of racial 
or  ethnic  origin  in  EU  law:  between  stereotypes  and  identities.  Report,  p.  64.  Finland  Proposal  on  Non-
Discrimination Act 19/2014, p. 66. Available at: http://www.finlex.fi/fi/esitykset/he/2014/20140019 
59 Information available at: http://ec.europa.eu/social/BlobServlet?docId=17845&langId=en  
60 Cases that concern the taking into account of ethnic origin in public body decisions, for example. 
61 FRA (2018). Report, p.85. Administrative Court Dresden (Verwaltungsgericht Dresden) – Az.: 6 K 196/15. 
Available  at:  http://www.anwaltskanzlei-adam.de/index.php?id=106,1284,0,0,1,0.  The  police  had  checked 
only  one  man  -  who  had  a  different  skin  colour  -  at  a  train  station  and  the  police  officers  were  unable  to 
demonstrate that their decision was based on lawful reasoning about suspicious behaviour.   
62 Reference found in FRA (2018). Report, p. 85. Svea Court of Appeal (Svea Hovrätt), Case No. T6161-16 – 
case concerned 11 persons of Roma origin that claimed to be on a police register solely because of their Roma 
origin and because they were friends with a Roma family with a criminal record. The State in this case was 
asked to prove that the persons were on the register for a reason other than ethnicity. The State was unable 
to provide the proof. The decision was based on the Police Data Act and Article 14 of the ECHR (prohibition of 
discrimination), in conjunction with Article 8 (right to respect for private and family life).  
63 In France, a 2017 case on access to social housing was significant, as, for the first time, a court judged that 
considering  the  racial  or  ethnic  origin  of  an  applicant  in  order  to  determine  whether  the  ‘social  mix’ 
requirement  was  met  (in  social  housing)  constituted  discrimination  in  access  to  goods  and  services,  as 
prohibited  by  the  Criminal  Code  (see  European  Network  of  legal  experts  in  gender  equality  and  non-
at: 
discrimination 
https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000035192594&f
astReqId=1856731927&fastPos=1). 
64 A train operator was found to have discriminated against a young Roma, by only checking his ticket. The 
Court used ticket sales data to prove the ‘comparable situation’ and noted that the young person was not the 
only one travelling to the same destination (see European Network of legal experts in gender equality and 
non-discrimination (2017). Legal Review report, p. 88).  
65 Two Supreme Court decisions concerned City decisions to move Roma out of social housing in city centres 
to  less  privileged  suburban  areas,  which  was  considered  discrimination  based  on  ethnicity  (see  European 

Available 

(2017). 

Review 

report. 

Legal 

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covered by the RED. In Austria,66 a high court case in 2017 clarified that a single incident 
in the workplace can have the effect of creating an intimidating, hostile or humiliating 
environment for the person affected.   

Some  countries,  such  as  Austria67,  Hungary68,  Sweden69,  or  Portugal70  made  some 
amendments to their transposing legislation of the RED in 2017.  

A recent FRA study on the inclusion of Roma, analysing EU MIDIS II survey data from 
2016, found persistent discrimination against Roma people and suggested that the RED 
may be ineffective with regard to this particular migrant group71.  

As  the  Commission  can  launch  infringement  procedures  where  necessary  to  achieve 
compliance  with  Framework  decisions,  legislative  action  has  taken  place  recently  at 
national  level  to  comply  with  the  Framework  Decision  on  Racism  and  Xenophobia, 
namely in Italy, Portugal, Cyprus, Latvia, France and Germany72.  

With  regard  to  recent  public  debate  on  these  issues,  discussions  in  Germany  and 
Belgium have highlighted the positive and negative aspects of the notion of ‘race’, as it 
can  lead  to  misunderstandings  of  identifying  ‘human  races’,  leading  to  categories.  In 
Belgium, Estonia, Slovenia, Croatia, Poland, Cyprus, Greece, Romania, Ireland and the 
UK,  debates  have  concerned  qualifying  specific  groups  as  ‘minorities’73.  In  the 
Netherlands  and  Czechia,  the  notions  of  race  and  ethnic  origin  were  debated,  while 
Austria,  Bulgaria,  Denmark,  Finland,  Italy,  Latvia,  Lithuania,  Luxembourg,  Malta, 

Network  of  legal  experts  in  gender  equality  and  non-discrimination  (2017).  Legal  Review  report,  p.  112. 
Available at: https://www.equalitylaw.eu/downloads/4639-european-equality-law-review-1-2018-pdf-1-086-
kb).  
66  European  network  of  legal  experts  in  gender  equality  and  non-discrimination  (2018).  Austria  Report. 
Available  at:  https://www.klagsverband.at/dev/wp-content/uploads/2017/04/OLG-Innsbruck-15Ra13_17z-
anonymisiert.pdf  
67  At  the regional  level,  Lower Austria  finally  transposed  all grounds protected by  the RED  (see:  European 
network  of  legal  experts  in  gender  equality  and  non-discrimination  (2018).  Austria  Report.  Available  at: 
https://www.equalitylaw.eu/downloads/4740-austria-country-report-non-discrimination-2018-pdf-2-29-
mb). 
68 ‘Hungary amended its legislation in the field of education, guaranteeing that “the organisation of education 
on the basis of religious or other ideological conviction” may not lead to unlawful segregation on the basis of 
race,  colour,  ethnicity  or  ethnic  affiliation’  (see:  FRA  (2018).  Fundamental  rights  report,  p.  82);  Hungary 
(2017), Act XCVI of 2017 on the modification of Act CXXV of 2003 on Equal Treatment and on the promotion 
of  Equal  Opportunities  and  on  the  modification  of  Act  CXC  of  2011  on  public  education  (2017.  évi  XCVI. 
törvény az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról szóló 2003. évi CXXV. törvény és a 
nemzeti köznevelésről szóló 2011. évi CXC. törvény módosításáról).  
69 ‘Sweden amended its legislation to state that employers and educational actors should take preventive and 
active  measures  to  combat  discrimination  and  promote  equal  rights  and  opportunities  covering  all  seven 
discrimination  grounds,  including  racial  and  ethnic  discrimination’  (see:  FRA  (2018).  Fundamental  Rights 
Report, p. 82); Sweden, Ministry of Culture (Kulturdepartementet) (2016). Government bill 2015/16:135 An 
overarching  framework  for  active  measures  with  the  aim  to  promote  equal  rights  and  opportunities  (Ett 
övergripande ramverk för aktiva åtgärder i syfte att främja lika rättigheter och möjligheter).  
70  In  2017,  Portugal  replaced  the  earlier  law  transposing  the  RED  with  a  new  Bill  on  non-discrimination,a 
seeking to create a more comprehensive approach. The new law also introduced grounds of protection based 
on  ancestry  and  territory  of  origin  (see:  European  Network  of  legal  experts  in  gender  equality  and  non-
discrimination (2017). Legal Review report). 
71  FRA  (2018).  A  persisting  concern:  anti-Gypsyism  as  a  barrier  to  Roma  inclusion.  Available  at: 
https://fra.europa.eu/en/publication/2018/roma-inclusion  
72 
Fundamental 
http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018  
73  In  Estonia,  thist  concerned  a  debate  about  ‘Estonianness’  and  the  Estonian  ethnic  origin;  in  Flanders 
(Belgium), ‘allochtoon’ and ‘autochtoon’, which were abandoned for future public debates; in Croatia, ethnic 
origin for citizenship, as only ethnic Croats were granted citizenship after independence; in Slovenia, the right 
of the Roma community to have specific representation at municipal level; in Romania, general minority rights 
and reluctance to improve protections; in Greece, the recognition of Muslim minority groups; in Poland, ethnic 
minority and national minority, where current definitions would exclude recent immigrant minorities and other 
migrant minorities e.g. from Ukraine; in Cyprus, minority rights to be extended to smaller minority groups; 
in Ireland, in 2017, the Irish Traveller community was recognised as a separate ethnic group for the first time; 
in the UK, whether ethnic origin covers ‘caste’ (information taken from pp. 59- 60). 

Available 

(2018). 

report, 

rights 

FRA 

78. 

at: 

p. 

November 2019 

34 

 
 
                                           
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Portugal,  Slovakia  and  Spain  has  had  no  recent  national  debate  (academic  or 
parliamentary) on the notions of race or ethnic origin in national law74.  

Nearly 14 years after the RED, only 13 Member States had action plans and strategies 
against racism, xenophobia and ethnic discrimination (BE75, CZ, DE, ES, FI, FR, HR, IT, 
LT, LV, NL, SE, UK). The period that these plans cover varies across countries. 

2.2.3  Discrimination based on religion or belief 

The  nature  and  level  of  protection  against  discrimination  on  the  basis  or 
religion or belief  varies  between Member  States, partly due to different  cultural 
heritages  of  the  European  countries.  The  various  positions  of  EU  Member  States  on 
religion  and  the  differences  between  the  embeddedness  of  the  state  with  the  church 
have led the EU to adopt a broad approach, leaving Member States flexibility to legislate 
in this area. 

  In the EU, 11 countries have a specific article prohibiting discrimination on 
grounds of religion and belief in their Constitution (AT, BG, EE, FI, FR, DE, 
HU, IT, NL, ES, UK). The Estonian Constitution also refers to hate speech based 
on  religion,  thus  forbidding  incitement  to  religious  hatred  (Article  12  of  the 
Constitution of Estonia). However, no Member State has attempted to provide a 
comprehensive  definition  of  ‘religion  or  belief’  within  non-discrimination 
legislation76. 

  Although  EU  Directives  only  refer  to  religious  discrimination  in  respect  of 
employment (Employment Equality Directive), most Member States (AT in certain 
provincial legislation, BG, HR, DK, FI, FR, EL, HU, IT, LU, NO, SK, SI, SE, RO, UK) 
have  also  implemented  protection  against  discrimination  in  other  areas, 
making  it  unlawful  in  social  protection,  social  advantages,  education, 
housing,  etc.77.  For  instance,  Croatian  non-discrimination  provisions  apply  to 
housing in general, without any exceptions. In Denmark, the prohibition applies 
to the fields of education and access to goods and services, including housing. In 
Finland,  discrimination  on  religious  grounds  is  prohibited  in  public  and  private 
activities. In France, it applies in the areas of education, social protection, social 
advantages  and  access  to  goods  and  services.  Finally,  Bulgaria  and  Hungary 
prohibit discrimination within a universal material scope78. 

  In  the  Achbita  case79,  the  CJEU  found  that  the  prohibition  of  religious 
discrimination  laid  down  in  the  Employment  Equality  Directive  entails  the 
discrimination of the manifestation of religion, thus including religious dress and 
veils. However, the context of increasing Islamophobia has impacted the level of 
restriction  faced  by  Muslim  women  on  their  religious  dress80.  France,  for 
instance,  has  been  among  the  first  to  adopt  bans,  leading  to  heated  public 

74 European network of legal experts in gender equality and non-discrimination (2017). The meaning of racial 
or ethnic origin in EU law: between stereotypes and identities. Report, p. 59. 
75 French-speaking community. 
76  Chopin  and  Germaine  (2017).  A  comparative  analysis  of  non-discrimination  law  in  Europe.  European 
network of legal experts in gender equality and non-discrimination report, p.16. 
77  Chopin  and  Germaine  (2017).  A  comparative  analysis  of  non-discrimination  law  in  Europe.  European 
network of legal experts in gender equality and non-discrimination report, p. 71. 
78  Chopin  and  Germaine  (2017).  A  comparative  analysis  of  non-discrimination  law  in  Europe.  European 
network of legal experts in gender equality and non-discrimination report, p. 72. 
79 Case C-157/15, Achbita, 14 March 2017. 
80  Open  Society  Foundation  (2018).  Restrictions  on  Muslim  Women’s  dress  In  the  EU  28  Member  States. 
Available 
https://www.opensocietyfoundations.org/sites/default/files/restrictions-on-muslim-
women%27s-dress-fact-sheet-20180710.pdf 

at: 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

debate81.  As  proven  in  recent  cases,  the  CJEU  has  given  French  and  Belgian 
private actors leeway in instituting such bans82. Five countries have put in place 
general  bans  on  religious  dress  (AT,  BE,  BG,  DK,  FR),  while  four  countries 
introduced  specific  bans  (DK,  FR,  NL,  ES).  In  most  cases,  these  legal 
developments  are  recent.  In  Austria  and  Germany,  legislation  banning  face-
covering in public spaces was adopted in 2017, and a similar bill is in the process 
of being adopted in Latvia83. These bans have challenged the provisions on non-
discrimination on the grounds of religion.  

  In  eight  EU  countries,  the  ‘duty  of  reasonable  accommodation’  included  in 
the Directive for person with disabilities84 has been extended in some manner to 
discrimination on the grounds of religion and belief (BG, HR, DK, FR, DE, RO, ES, 
SE)85. This includes accommodating different religious holidays, adapting working 
hours  during  Ramadan,  providing  flexible  working  hours,  etc.  In  Denmark  for 
instance,  case-law  confirmed  that  requiring  nutritional  assistant  students  of 
Muslim  faith  to  taste  pork  meat  as  part  of  their  training  amounts  to  indirect 
discrimination86. In Croatia, individuals of the Christian, Islamic and Jewish faiths 
have the right not to work on the recognised religious holidays87. In Sweden, the 
justification 
reasonable 
indirect  discrimination  may 
accommodation. In Romania, the Labour Code grants two vacation days for two 
religious  celebrations  each  year,  to  be  taken  according  to  the  faith  of  the 
employee88.  

test  of 

require 

2.2.4  Multiple discrimination 

According  to  a  report  of  the  European  Network  Against  Racism  (ENAR)  published  in 
201189,  a  number  of  Member  States  do  not  explicitly  recognise  grounds  of 
multiple discrimination in their national legislation (CZ, IE, SK, UK). Since 2017, 
Portugal has explicitly introduced the concept of multiple discrimination as grounds of 
discrimination  in  its  legislation90.  Bulgaria  and  Spain  provide  for  a  positive  duty  to 
address the problem of multiple discrimination. Only Germany, Austria, Poland, Romania 
and  Bulgaria  have  explicit  legal  references  to  multiple  discrimination  in  place. 
Nevertheless,  national  legal  experts  have  also  reported91  that  despite  the  fact  that 

p. 

at: 

57. 

FRA 

rights 

report, 

(2018). 

Available 

81 Open Society Foundation (2018). Restrictions on Muslim Women’s dress In the EU 28 Member States.. 
82 Case C-188/15, Bougnaoui, 14 March 2017; Case C-157/15, Achbita, 14 March 2017. 
83 
Fundamental 
http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018  
84 Article 5 Employment Equality Directive.  . 
85  Chopin  and  Germaine  (2017).  A  comparative  analysis  of  non-discrimination  law  in  Europe.  European 
network of legal experts in gender equality and non-discrimination report, p. 23. 
86 Danish Western High Court, Decision No. B-1213-13, 5 May 2014. 
87  Croatia,  Act  on  Holidays,  Remembrance  Days  and  Non-Working  Days  of  30  April  1996,  Article  3 (EN): 
‘Citizens  of  the  Republic  of  Croatia  who  celebrate  Christmas  on  7th  of  January  on  that  day,  of  Islamic 
confession who celebrate Ramadan Bayram or Kurban Bayram on those days, and Judaism confession on days 
of Rosh Hashanah and Yom Kippur have the right not to work’. 
88 Article 134(1) letter F of the Romanian Labour Code. 
89 
_the_legal_implications_of_multiple_discrimination_final_en.pdf  
90 European Network of legal experts in gender equality and non-discrimination (2017). Legal Review Report. 
Available at: https://www.equalitylaw.eu/downloads/4639-european-equality-law-review-1-2018-pdf-1-086-
kb  
91 Burri, S. and Schiek, D. (2009). Multiple Discrimination in EU Law: Opportunities for Legal Responses to 
Intersectional Gender Discrimination? European Network of Legal Experts in the Field of Gender Equality. This 
concerned Cyprus, Denmark, France, Iceland, Malta, the Netherlands, Norway, Portugal, Slovakia, Spain and 
Sweden. 

https://www.enar-eu.org/IMG/pdf/fs44_-

Available 

at: 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

multiple  discrimination  was  not  explicitly  mentioned  in  their  national  legislation,  this 
does not preclude individuals from bringing claims based on multiple discrimination.  

In Romania a court  recognised multiple discrimination  for the first time in 2017, in a 
case concerning a Romani woman. The case established discrimination on the basis of 
ethnic  origin  and  gender.  The  case  concerned  a  political  debate  on  television  where 
stereotypes  of  Roma  women  were  used  and  gave  rise  to  the  establishment  of  the 
National Council for Combating Discrimination by a Romani women’s association. The 
case raised a debate about sanctions applying to such types of discrimination, as, while 
multiple  discrimination  is  an  aggravating  circumstance,  it  often  results  in  a  written 
warning only.  

2.3  Discrimination in Europe is on the rise: a call for trade unions to 

act? 

Trends in perceptions and experiences of discrimination both at the workplace and more 
broadly are measured primarily by surveys of individuals across Europe. The main focus 
of such surveys tends to be perceptions of discrimination. Measuring discrimination is 
rather complex, as it is a multifaceted concept, with sociological and cultural differences, 
linguistic and legal definitions all playing a role.  

Across Europe, different bodies have investigated the phenomenon of discrimination and 
comparable data are provided by large pan-European surveys. The key surveys in this 
area include92: 

  Special  Eurobarometer  437  ‘Discrimination  in  the  EU  in  2015’  93  and  Special 

Eurobarometer 493 ‘Discrimination in the EU in 201994, 

  FRA 2012 EU survey on discrimination of LGBT persons95, 

  FRA Second European Union Minorities and Discrimination Survey (EU-MIDIS II) 

in 201696, 

  European Quality of Life Survey (EQLS) in 201697, 

  European Working Conditions Survey in 201598.  

Special 

Eurobarometer 

92  All  surveys  have  different  samples  and  focus  on  different  target  groups.  The  FRA’s  EU  MIDIS  survey  is 
addressed to immigrants and descendants of immigrants from Sub-Saharan Africa, North Africa, South-Asia 
and  Asia,  Turkey  and  ethnic  minorities  (which  are  Roma  and  Russian  minorities).  The  FRA  LGBT  survey 
specifically targeted persons considering themselves LGBT and was the first EU-wide survey of its kind. The 
Eurobarometer  uses  random sampling  to  obtain  representative  responses  compared  to the  population  size 
per Member State. This is similar for the European Quality of Life Survey, while the Working Conditions Survey 
targets the employed population only.  
93 
http://ec.europa.eu/COMMFrontOffice/publicopinion/index.cfm/Survey/getSurveyDetail/instruments/SPECIA
L/surveyKy/2077  
94 
at: 
https://ec.europa.eu/commfrontoffice/publicopinion/index.cfm/survey/getsurveydetail/instruments/special/s
urveyky/2251  
95  FRA  (2014).  EU  LGBT  Survey :  main  results.  Available  at :  fra.europa.eu/sites/default/files/fra-eu-lgbt-
survey-main-results_tk3113640enc_1.pdf     
96  FRA  (2017).  Second  European  Union  Minorities  and  Discrimination  Survey  (EU-MIDIS  II):  main  results. 
Report available at : http://fra.europa.eu/en/publication/2017/eumidis-ii-main-results  
97 Surveys and description available at: https://www.eurofound.europa.eu/surveys/european-quality-of-life-
surveys  
98 Survey description available at: https://www.eurofound.europa.eu/surveys/european-working-conditions-
surveys  

Eurobarometer 

available 

available 

Special 

Report 

Report 

493. 

437. 

at: 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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All  surveys  report  that  discrimination  continues  to  be  an  issue  in  Europe  17 
years  after  the  introduction  of  EU-wide  non-discrimination  legislation.  While 
progress  has  been  made  on  gender  equality  at  work99,  it  is  less  evident  for  other 
grounds, such as ethnic and immigrant background (skin colour, first and last names), 
gender identity and sexual orientation, or age100.  

The  Special  Eurobarometer  survey  on  discrimination  provides  a  measurement  of 
discrimination  on  the  basis  of  how  widespread  respondents  perceive  this issue  to  be. 
Figure 2 describes the perceived levels of discrimination for 2015 and 2019. In 2019, 
discrimination on the ground of being Roma and being of ethnic origin was perceived as 
most widespread (61 % and 59 % of respondents, respectively). This was followed by 
discrimination  on  the  ground  of  being  transgender  (48  %).  Discrimination  on  the 
grounds  of  religion  or  belief  and  disability  were  perceived  as  widespread  by  half  of 
respondents (47 %).  

Compared with 2015 data, perceived discrimination has decreased for all grounds 
of  discrimination.  This  is  particularly  the  case  for  discrimination  on  the  grounds  of 
being transgender (decrease of 8 percentage points (p.p.)), disability (down by 6 p.p.), 
ethnic origin and sexual orientation (each down by 5 p.p.). 

99 This seems to be the case when taking into account the results from EIGE’s Gender Equality Index 2015 
(see:  http://eige.europa.eu/gender-equality-index/2015/domain/work).  However,  the  last  Gender  Equality 
Index report (2017) showed that progress was slow and had stagnated in the area of work, while in the area 
of time, progress had declined.  
100  Eurobarometer  (2015).  Report,  p.  85.  Most  respondents  felt  that  enough  measures  on  diversity  have 
addressed young people and in terms of gender equality. This feeling was less common for aspects of ethnic 
origin, religion and belief, disability, and people aged over 55.  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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Figure 2.  For  each  of  the  following  types  of  discrimination,  could  you  please  tell  me 
whether, in your opinion, it is very widespread, fairly widespread, fairly rare 
or very rare? Discrimination on the basis of… 

Source: Special Eurobarometer 493 (2019, p. 14; Note: each category has two columns  – the 
lower is Eurobarometer 2015, the upper for Eurobarometer 2019. 

Table  1  provides  an  overview  of  the  proportion  of  respondents  reporting  that 
‘discrimination  was  widespread’  on  the  grounds  of  ethnic  origin,  sexual  orientation, 
gender identity, and religion of belief, across the Member States.  

Interesting differences are evident between countries: 

  Discrimination on the ground of ethnic origin was perceived as widespread in the 
Netherlands (76 %), France (74 %), Belgium (71 %) and Sweden (70 %). 
  Discrimination on the ground of sexual orientation was perceived as widespread 

in France (73 %), Portugal (71 %), Greece (70 %) and Italy (69 %). 

  Discrimination on the ground of gender identify was reported as widespread in 

Italy (66 %), Portugal (59 %) and Spain (59 %).  

  Discrimination on the ground of religion or belief was reported as widespread in 

France (69 %), Belgium (65 %), the UK and Denmark (61 % each).  

As already indicated, the perception of discrimination is highly interlinked with 
awareness of specific issues, as well as sociocultural differences. Comparative 
data should therefore be read with the country-specific context in mind. 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

  For  each  of  the  following  types  of  discrimination,  could  you  please  tell  me 
whether, in your opinion, it is very widespread, fairly widespread, fairly rare, 
fairly  rare  or  very  rare?  Discrimination  on  the  basis  of…Answer:  Total 
‘Widespread’  

Member 
State 

Ethnic origin 

Gender identity 
- being 
transgender 

Sexual 
orientation 

Religion or 
belief 

(%) 

(%) 

(%) 

(%) 

NL 

FR 

BE 

SE 

UK 

DK 

PT 

IT 

FI 

EL 

EU-28 

AT 

CY 

DE 

IE 

ES 

HU 

MT 

RO 

HR 

SI 

CZ 

EE 

PL 

LU 

BG 

LV 

SK 

LT 

76 

74 

71 

70 

67 

67 

67 

66 

65 

64 

59 

58 

57 

55 

54 

54 

52 

51 

44 

41 

38 

38 

35 

34 

31 

29 

25 

24 

18 

54 

57 

49 

57 

56 

39 

59 

66 

45 

57 

48 

48 

54 

31 

50 

58 

34 

42 

34 

38 

40 

23 

24 

42 

23 

23 

20 

20 

36 

60 

73 

57 

42 

55 

41 

71 

69 

42 

70 

53 

46 

67 

36 

48 

54 

46 

38 

45 

52 

47 

34 

34 

49 

27 

29 

30 

25 

50 

50 

69 

65 

56 

61 

61 

41 

48 

29 

50 

47 

47 

48 

43 

42 

40 

31 

37 

43 

40 

33 

24 

17 

29 

25 

20 

12 

15 

15 

Source:  Special  Eurobarometer  493  (2019).  The  colour  red  highlights  the  highest  values;  the 
colour green lowest values.  

Table 2 shows how respondents’ perceptions of the widespread nature of discrimination, 
broken  down  by  socio-demographic  variables.  For  many  grounds  of  discrimination, 
women,  young  people  (15-24  years  old),  people  still  in  education,  people  who 
themselves  experienced  discrimination  on  multiple  grounds,  and  respondents  with 
friends  of  different  ethnic  origins  were  more  likely  to  perceive  discrimination  as 

November 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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widespread in their country. Respondents over 55 years old, people who were less than 
19  years  old  on  completing  their  education,  those  who  have  never  experienced 
discrimination, and those who do not have friends of different ethnic origins were the 
least likely to perceive a widespread level of discrimination.  

  Discrimination  experience,  the  sum  of  Total  answers  ‘Widespread’,  broken 

down by socio-demographic variables  

Ethnic origin 

Sexual 
orientation 

Gender 
identity – 
being 
transgender 

Religion or 
belief 

EU-28 

Man 

Woman 

15-24 

25-39 

40-54 

55+ 

15- 

16-19  

20+ 

Still studying 

59 

n/a 

n/a 

Most frequently 
– 66 % 

53 % 

53 

Gender 

51 

56 

Age 

64 

57 

54 

47 

Education (end of) 

Most frequently 

48 

52 

55 

64 

Experienced discrimination 

No  

Single ground 

Multiple grounds 

57 

n/a 

77 

51 

65 

69 

48 

47 

50 

59 

53 

50 

40 

43 

45 

52 

62 

46 

59 

62 

n/a 

n/a 

Most frequently 

Most frequently 

Most frequently 

Most frequently 

Friends of different ethnic origins 

Most frequently 

Most frequently 

Self-defined minority 

Yes 

No 

Ethnic 

Religious 

n/a 

52 

54 

70 

56 

54 

46 

46 

69 

49 

49 

Sexual orientation  Most frequently 

Other 

None 

Source: Special Eurobarometer 493 (2019).  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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2.3.1  LGBT groups continue to endure discrimination  

Results of the FRA 2012 survey on the discrimination of LGBT persons gathered views 
of LGBT respondents on their personal experiences of discrimination and harassment on 
the ground of sexual orientation, in the 12 months prior to the survey.  

Across Europe, almost half of the survey respondents (47 %) stated that they 
had  experienced  discrimination  or  harassment  because  of  their  sexual 
orientation.  Lithuania (61 %), Croatia (60 %) Poland (57 %) and Cyprus (56 %) had 
the  highest  proportions  of  respondents  who  had  experienced  discrimination  and 
harassment. The Netherlands (30 %), Denmark (31 %) and Luxembourg (32%) were 
the  countries  with  the  lowest  proportion  of  respondents  who  had  experienced 
discrimination (see Figure 3).  

According to the FRA report, lesbian women (55 %) and bisexual women (47 %) were 
more likely to have experienced discrimination and harassment than gay men (45 %) 
and bisexual men (36 %).  

Figure 3.  Respondents  who  felt  discriminated  against  or  harassed  on  the  grounds  of 

sexual orientation in the last 12 months, by country  

Source: 
at :fra.europa.eu/sites/default/files/fra-eu-lgbt-survey-main-results_tk3113640enc_1.pdf    

persons, 

Survey 

2012). 

LGBT 

FRA 

26. 

p. 

of 

Available 

In 2015 and 2016, the LGBT Equality Group of the International Federation of Actors 
(FIA) conducted a survey of its members to investigate the level of discrimination and 
other issues faced by LGBT performers worldwide101. The survey was conducted in five 
different languages and obtained over 10,000 responses102. Initial findings show that 12 
% of respondents had been harassed verbally or in writing, and 4 % had been physically 
or sexually harassed.  

101  FIA  LGBT  Equality  Group  (2016).  Global  Survey  on  Discrimination  and  Harassment  Against  LGBT 
Performers. Preliminary Survey Results. 
102  Survey  was  distributed  worldwide  through  14  FIA  member  organisations.  Response  rates  varied 
significantly among members, with performers from Latin America and Africa under-represented.  

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2.3.2  Discrimination  on  the  ground  of  race  and  ethnicity  is  persistent  and 

increasing   

The  EU-MIDIS  II  survey  report  states  that  ‘the  proportions  of  those  experiencing 
discrimination, as well as physical violence and harassment motivated by hatred, and 
of those not aware of relevant legislation and possibilities for redress, remain at levels 
that raise serious concern’103. The report points to the limited progress made since the 
first wave of the survey, noting that Roma people and second-generation respondents 
of  Sub-Saharan  and  North-African  backgrounds  experience  higher  rates  of 
discrimination and harassment motivated by hatred than previously.   

In  the  five  years  preceding  the  survey,  one-quarter  of  respondents  (25  %) 
experienced discrimination because of their ethnic origin, highlighting that ethnic 
origin  is  still  a  common  ground  of  discrimination  in  Europe.  More  than  one  in  ten 
respondents  (12  %)  was  discriminated  against  because  of  their  skin  colour,  and  the 
same proportion because of their religious beliefs (see Figure 4).     

Figure 4.  Ground  of  discrimination  experienced  in  four  areas  of  daily  life  in  the  five 

years before the survey (%) 

Source: FRA (2017). EU-MIDIS 2016 reported in EU-MIDIS II: main findings report, p. 23. Notes: 
a) Of all respondents at risk of discrimination on different grounds in at least one of four domains 
of daily life asked about in the survey (‘in 5 years before the survey’: n=21,541); weighted results. 
b)  Domains  of  daily  life  considered  for  analysis:  looking  for  work,  education  (as  parent  or 
guardian) and housing.  

Skin  colour,  first  and  last  name  were  cited  as  the  most  common  grounds  for 
discrimination in all areas of life. This affects immigrants from North Africa, Sub-Saharan 
Africa and Roma, in particular. Results also show that the majority of respondents who 
felt discriminated against mentioned only one  ground  of discrimination (20 %) in the 
five years prior to the survey, while one in 10 indicated having felt discriminated against 
on two grounds and a very small share of respondents naming more than two grounds. 

This is particularly pronounced among Muslims, whose level of discrimination increased 
in comparison to the survey conducted 10 years ago104. In fact, more than one-third of 

103  FRA  (2017).  Second  European  Union  Minorities  and Discrimination  Survey  (EU-MIDIS II):  main results. 
Available at: http://fra.europa.eu/en/publication/2017/eumidis-ii-main-results  
104 FRA (2017). EU MIDIS II: Muslims – Selected findings. The survey ‘examines the experiences of more than 
10,500 Muslim immigrants and descendants of Muslim immigrants in 15 EU Member States. In addition to 

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respondents stated that they were discriminated against on the basis of their ethnic or 
immigrant  background,  which  incorporates  ‘skin  colour,  ethnic  origin  or  immigrant 
background, and religion or religious belief’105. This is particularly true for discrimination 
against job seekers.  

A recent FRA report, drawing on data from EU-MIDIS II with a focus on black people106, 
found that 30 % of people of African descent experienced racial harassment in the five 
years  before  the  survey.  Despite  this,  very  few  reported  their  experience  to  any 
authority.  

Figure 5.  Prevalence of perceived racist harassment in the five years before the survey 

(%) 

Source:  FRA  (2017).  EU-MIDIS  II  2016,  reported  in  EU-MIDIS  II  ‘Being  Black’.  Notes:  Of  all 
respondents  of  African  descent  (n=5,  803);  weighted  results.  Question:  ‘How  many  times  has 
somebody done this in the past 5 years in [COUNTRY] (or since you have been in [COUNTRY]) 
[that is, each of the five types of harassment asked about in the survey] because of your ethnic 
or immigrant background?’ 

The EQLS investigates the perceived tension between different social groups. Data from 
2011 and 2016 show an increase in the perceived levels of tension among people from 
different  racial  and  ethnic  groups,  different  religious  groups,  and  different  sexual 
orientation. The most marked increase is noted among people from different religious 
groups, where the perceived tension increased by 10 p.p., from 28 % in 2011 to 38 % 
in 2016 (see Table 3). Austria, Belgium, France, Germany, Italy, the Netherlands and 
the  UK  were  the  countries  with  the  highest  proportion  of  people  reporting  ‘a  lot  of 
tension’ between different religious groups.  

discrimination  –  including  police  stops  based  on  ethnic  background  –  it  explores  issues  ranging  from 
citizenship, trust and tolerance, through harassment, violence and hate crime, to rights awareness.’ 
105 FRA (2017). EU MIDIS II Report: Muslims – Selected findings, p. 11. 
106 FRA (2018). Second European Union Minorities and Discrimination Survey, Being Black in the EU  

November 2019 

44 

 
 
 
 
 
                                           
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

  Perceptions of tensions between different social groups, 2007-2016 (%) 

Different racial and ethnic groups 

Different religious groups 

39 

31 

People with different sexual orientations 

37 

28 

18 

41 

38 

20 

2007 

2011 

2016 

Source:  EQLS  report  2016,  p.  86;  Q:  In  all  countries  there  sometimes  exists tension  between 
social groups. In your opinion, how much tension is there between each of the following groups 
in this country?’ Answer categories are: A lot of tension; Some tension; No tension; (Don’t know); 
(Refusal). The table provides percentages for ‘a lot of tension’. EU-28 data. 

2.3.3  Trade unions confirm increasing trends of discrimination across Europe  

As part of this project, an online survey was conducted with trade unions across Europe 
to assess the perceived changes that have occurred in relation to discrimination on the 
basis of race and ethnicity, religion or belief, sexual orientation and gender identity107.  

The  results  of  the  survey  are  in  line  with  the  findings  of  major  European  surveys, 
reporting trend increases in levels of discrimination across different aspects of 
work and daily life. Respondents reported an increase in the level of discrimination, 
mainly  on  the  grounds  of  religion  and  belief,  and  race  and  ethnicity.  Almost  half  of 
respondents  considered  the  level  of  discrimination  in  society  to  have  increased  since 
2010 in relation to religion and belief (44 %) and race and ethnicity (47 %) (see Figure 
6). Countries that experienced a significant perceived increase in discrimination on the 
basis  of  race  and  ethnicity  in  wider  society  according  to  survey  respondents  include 
Belgium,  Italy  and  the  UK.  Less  than  20  %  of  respondents  saw  a  decrease  in 
discrimination in these countries and around 30 % felt there had been no change since 
2010.   

More positive trends emerged across all areas in relation to discrimination on 
the  basis  of  sexual  orientation  and  gender  identity,  where  a  decrease  in 
discrimination  was  perceived  in  employment  (39 %),  access  to  services  (37 
%) and across wider society (41 %). Only 19 % of respondents believed there had 
been an increase since 2010 and 30 % stated that there had been no change in that 
time. By contrast, in the UK, four out of five respondents reported a perceived increase 
in  such  discrimination,  while  three  in  four  respondents  in  France  reported  a  similar 
increase.  

107 The survey ran for approximately five weeks and obtained 125 responses in total across Member States. 
Annex 1 provides a description of the methodology and overview of respondents’ characteristics. 

November 2019 

45 

 
 
 
 
 
                                           
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Figure 6.  Perceived changes in the level of discrimination since 2010 (online survey) 

Source: ICF (2018). Online survey on trade union practices on non-discrimination and diversity. 

The online survey carried out as part of this project investigated the drivers of changes 
in discrimination across Member States. Table 4 below provides an overview of the main 
reasons  for  increases  in  discrimination  since  2010.  The  majority  of  respondents 
believe that negative media coverage and changes in society strongly impacted 
the increase in the different types of discrimination. 

For instance, in  the  case  of discrimination on the basis  of religion and belief in wider 
society,  negative  media  coverage  was  perceived  as  the  main  reason  (20  %  of 
respondents),  followed  by  changes  in  societal  attitudes  (19  %).  This  was  particularly 
relevant for trade unions from the UK (6 out of 9 respondents), Belgium (6 out of 11 
respondents) and Sweden (4 out of 6 respondents).  

In  the  case  of  discrimination  on  the  basis  of  sexual  orientation  and  gender  identity, 
shortcomings  in  legislation  and  enforcement  were  identified  as  factors  affected 
increases.   

November 2019 

46 

19%15%39%12%15%37%11%14%41%30%31%30%39%36%31%31%27%27%37%41%19%29%36%16%44%47%20%14%12%11%20%14%16%14%11%13%Religion and belief  (n=125)Race and ethnicity  (n=124)Sexual orientation and gender identity  (n=122)Religion or belief  (n=118)Race and ethnicity  (n=118)Sexual orientation and gender identity (n=118)Religion or belief  (n=118)Race and ethnicity  (n=118)Sexual orientation and gender identity (n=120)EmploymentAccess to servicesWider societyDecreasedRemained the sameIncreasedDon't know 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

  Main reasons for increases in discrimination since 2010  

Employment 

Access to services 

Wider society 

Religion 
or belief 

Race and 
ethnicity 

Employ 
ment 

Religion 
or belief 

Race 
and 
ethnicit
y 

Sexual 
orientation 
and gender 
identity 

Religion 
or belief 

Race and 
ethnicity 

Sexual 
orientatio
n and 
gender 
identity 

4% 

6% 

11% 

7% 

7% 

8% 

4% 

5% 

13% 

7% 

8% 

10% 

8% 

9% 

13% 

8% 

8% 

10% 

11% 

12% 

8% 

11% 

12% 

6% 

12% 

13% 

9% 

16% 

15% 

10% 

16% 

14% 

11% 

20% 

18% 

9% 

7% 

9% 

6% 

9% 

10% 

7% 

6% 

7% 

6% 

7% 

6% 

4% 

6% 

6% 

7% 

4% 

3% 

3% 

6% 

7% 

6% 

7% 

4% 

6% 

4% 

4% 

6% 

9% 

6% 

8% 

6% 

5% 

7% 

5% 

5% 

8% 

6% 

8% 

9% 

7% 

7% 

10% 

7% 

8% 

10% 

8% 

7% 

8% 

9% 

11% 

10% 

8% 

10% 

8% 

14% 

12% 

14% 

12% 

13% 

12% 

19% 

16% 

16% 

5% 

4% 

3% 

1% 

1% 

2% 

3% 

3% 

2% 

187 

225 

96 

141 

203 

83 

193 

236 

88 

Shortcomings 
in legislation 

Shortcomings 
in 
enforcement 
of legislation 

Changes in 
policy 
approaches/ 
measures by 
government 

Negative 
media 
coverage 

Reductions in 
investment in 
public 
services 

Privatisation 
of public 
services 

Weakening of 
collective 
bargaining 

Weakening of 
role of social 
partners 

Reduced 
attention on 
the issue by 
policy makers 

Poor 
economic 
conditions 

Changes in 
societal 
attitudes 

Other 

Total 

Source: ICF (2018). Trade union practices on non-discrimination and diversity online survey.  

New  or  improved  legislation  and  positive  changes  in  societal  attitudes  were 
frequently  reported  as  the  reasons  for  decreases  in  discrimination  levels. 
Societal changes have been reported as main drivers for improvement, particularly for 
discrimination on the ground of religion or belief in wider society (38 %) and race  or 

November 2019 

47 

 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

ethnicity in employment (34 %). New and improved legislation was reported as having 
an impact on reducing discrimination on the ground of  sexual orientation and gender 
identity in all areas: access to services (25 %), in wider society (25 %) and employment 
(21 %). A decrease in discrimination based on sexual orientation and gender identity in 
wider society was perceived to be due to new or improved legislation, for example by 
trade unions in Ireland (4 out of 7) and Slovenia (all 3 respondents) 

  Main reasons for decreases in discrimination since 2010  

Employment 

Access to services 

Wider society 

Religion  

or belief 

Race 
and 
ethnicity 

Sexual 
orientatio
n and 
gender 
identity 

Religion 
or 

 belief 

Race 
and 
ethnici 
ty 

Sexual 
orientation 
and gender 
identity 

Religion 
or  

belief 

Race 
and 
ethnici 
ty 

Sexual 
orientation 
and gender 
identity 

New or improved 
legislation 

Stricter 
enforcement of 
legislation 

New or improved 
policy approaches 
and measures by 
the government 

New or improved 
policy approaches 
and measures by 
social partners 
jointly 

New or improved 
policy approaches 
and measures by 
trade unions 

Improved economic 
conditions 

Changes in societal 
attitudes 

Other 

Total 

16% 

8% 

21% 

17% 

5% 

25% 

4% 

6% 

25% 

9% 

8% 

4% 

7% 

8% 

6% 

13% 

8% 

5% 

10% 

0% 

8% 

14%  16% 

10% 

13% 

6% 

9% 

16%  21% 

13% 

10%  13% 

14% 

4% 

8% 

11% 

12%  13% 

16% 

10%  11% 

13% 

8% 

8% 

11% 

10%  13% 

8% 

17%  11% 

5% 

13%  19% 

7% 

24%  34% 

29% 

21%  32% 

26% 

38%  36% 

31% 

3% 

3% 

1% 

3% 

5% 

1% 

8% 

8% 

1% 

58 

38 

119 

29 

38 

96 

24 

36 

110 

Source: ICF (2018). Trade union practices on non-discrimination and diversity online survey.  

Trade  union  roles  in  responding  to  new  migration  trends,  anti-migration 
attitudes and the rising populism in many European countries can be observed 
in  recent  years.  Political  discourse  is  centred  on  xenophobia,  picturing  ‘us  against 
them’. ‘Us’ is used as a culturally homogenic ethnocentric group with common interests, 
based  on  some  common-sense  reflections  (mainly  around  identity,  security  or  anti-
globalisation  as  a  cause  for  unequal  wealth  distribution).  ‘Them’  typically  references 
minorities, migrants and the (corrupt) political establishment108.  

In this political context, where migration has become a controversial issue, contributing 
to a rise of discriminatory acts against minorities and immigrants,  some trade unions 

108  Greven,  T.  (2016).  The  Rise  of  Right-wing  Populism  in  Europe  and  the  United  States,  Working  Paper, 
Friedrich-Ebert-Stiftung.  

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have struggled to find policy positions. Right-wing populism has also sought – and found 
-  partisan  views  among  trade  union  members109,  affecting  their  work  in  the  broader 
society. Social segmentation is seen one of the main causes for such development, with 
the modernisation of the world of work giving rise to distribution problems that increase 
social inequality. Changes in the world of work (e.g. the growth of precarious work and 
decline in real wages) have continuously fostered a feeling of insecurity, injustice and 
fear of downward social mobility110. 

Surprisingly,  right-wing  populism  is  gaining  most  ground  among  those  that  are  not 
specifically affected but, rather, are themselves in a comfortable situation, as found by 
a survey of young employees111. 

In the debate about migration, trade unions primarily advocate for the equal 
treatment  of  all  workers.  Increasingly,  unions  across  Europe  have  taken  more 
inclusive  approaches  in  their  organising  and  recruitment  strategies,  so  that  migrant 
workers  are  represented,  and  their  rights  protected.  In  some  cases,  this  has  meant 
challenging racism inside unions themselves. Research112 notes that trade unions face 
three dilemmas with regard to migrants: 1) In case of favourable corporate recruitment 
policies  to  recruit  a  migrant  workforce,  should  trade  unions  accept  the  terms  and 
conditions of employment of foreign workers? 2) For immigrants that are already in the 
country,  should  trade  unions  recruit  them  providing  the  same  rights  as  national 
workers?  3)  If  trade  unions  favour  inclusion  of  migrant  workers,  should  trade  unions 
represent native and migrant workers equally? How trade unions solve these challenges 
depends on the national context and various factors related to migration (e.g. type of 
migration  -  seasonal,  highly-skilled,  family  reunion,  intra-EU)  and  different  groups  of 
migrants  (e.g.  ethnic,  gender,  status  –  documented/undocumented,  educational 
background)113. These challenges add to the difficulty in the context of a rising right-
wing populist political discourse.  

The recent financial and economic crisis impacted to a greater or lesser extent 
(depending on the country) on the socioeconomic influence and participation 
of  unions  in  government  decision-making  and  in  collective  bargaining 
processes. At the same time, while the economic crisis has impacted negatively on the 
ability of trade unions to act (as well as the resources available), it has also helped trade 

109 Indeed, survey evidence shows that right-wing extremist or populist views were found among unionised 
voters  just  as  much  as  among  non-unionised  voters.  They  were  highest  among  lower  skilled  workers  and 
lowest among civil servant workers, among unionised/non-unionised, highly unionised sectors and high skilled 
workers. However, union members were more attracted to right-wing populism than non-unionised workers. 
A higher share of workers was found to be strongly dissatisfied with the socioeconomic context and political 
conditions. They may likely have lost some of their privilege and status due to the changes in the world of 
work. The decline of trade union power may have contributed to their dissatisfaction. See: Stoess, R. (2017). 
Trade unions and right wing extremism in Europe. Working paper, p. 39. Friedrich-Ebert-Stiftung. Available 
at: http://library.fes.de/pdf-files/dialog/13464.pdf 
110 This trend has been observed since 2001. EU project SIREN, ‘Socio-Economic Change, Individual Reaction, 
and the Appeal of the Extreme Right’. Participating countries were Belgium, Denmark, Germany, France, Italy, 
Austria, Switzerland and Hungary. Available at: http://www.forba.at/de/forschung/view/index.html?id=10  
111  Stoess,  R.  (2017).  Trade  unions  and  right-wing  extremism  in  Europe.  Working  paper,  p.  24.  Friedrich-
Ebert-Stiftung. 
112 Penninx, R. and Roosblad, J. (Eds.) (2000). Trade unions, immigration, and immigrants in Europe, 1960-
1993: A comparative study of the attitudes and actions of trade unions in seven West European countries. 
New York/Oxford: Berghahn Books. 
113  In  addition,  a  set  of  four  explanatory  factors  are  used  explain  differences  in  trade  union  reactions  and 
attitudes: 1. The more power a trade union has in socioeconomic decision-making the more influence it has 
in decision making in union-advocated directions; 2. The situation of the labour market can be decisive – the 
more  national  labour  supply  that  exists,  the  less  favourable  unions  may  be  towards  immigrant  worker 
recruitment. 3. Social trends also influence trade unions attitudes – such as political discourse, civil society 
organisations,  institutional  actors  (like  political  parties)  but  also  legislation;  4.  Public  perceptions  of 
immigrants also impact on trade union attitudes, as they may favour specific migrant groups (see: Penninx, 
R.  and  Roosblad,  J.  (Eds.)  (2000).  Trade  unions,  immigration,  and  immigrants  in  Europe,  1960-1993:  A 
comparative  study  of  the  attitudes  and  actions  of  trade  unions  in  seven  West  European  countries.  New 
York/Oxford: Berghahn Books). 

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2010 study 

unions to ‘relaunch’ their actions. The economic crisis and the subsequent rise in political 
debate has compelled trade unions to act more proactively and in a more concentrated 
way in relation to equality issues. Adding the impact of populist anti-migrant political 
discourse and increasingly negative public perceptions and media discourse also impacts 
on  the  prioritisation  and  success  of  actions  to  tackle  discrimination  and  influence  in 
general government decision making114. Trade unions may  themselves  be a target of 
political populism. Changes in the political and institutional context, as well as to their 
bargaining power at sectoral and workplace levels, and in the wider market regulatory 
framework  have  created  increasing  challenges  for  trade  unions  to  devise  actions  to 
tackle discrimination at work.  

2.3.4  Rising trends of intolerance and xenophobia increase hate speech online 

and in the public discourse 

In  2002,  the  Council  of  Europe  set  up  the  European  Commission  against  Racism  and 
Intolerance  (ECRI),  a  human  rights  monitoring  body  that  targets  racism  and 
xenophobia, as well as religious intolerance (see Section 2.3.4).  

In its 2017 annual report, the ECRI confirmed an increase in fear in Europe, linked 
to  high  levels  of  migration,  religious  extremism  and  terrorist  attacks.  The 
recession and the austerity-driven socioeconomic climate has exacerbated this situation, 
fuelling populism and rhetoric linked to security concerns targeting non-nationals and 
minorities. The ECRI denounces these rising trends of intolerance and xenophobia across 
Member States, along with the increases in hate speech that depict multiculturalism as 
a threat to society, with a detrimental impact on social cohesion115.  

Some examples from the most recent ECRI reports are provided below. 

ECRI’s  2016  report  on  Italy116  reported  a  number  of  incidents  of  hate  speech  by 
politicians  targeting  immigrants,  Muslims  and  LGBT  people.  For  example,  in  2013,  a 
local  politician  from  the  Northern  League  targeted  the  Minister  of  Integration,  Cecile 
Kyenge  (of  Congolese  origin),  with  offensive  comments  on  the  internet.  In  2013,  a 
former  Member  of  Parliament  (MP)  stated  on  a  radio  interview  that  he  would  never 
employ  a  homosexual  person.  In  2015,  a  Member  of  the  European  Parliament  (MEP) 
called the Roma community ‘the dregs of humanity’. Although these cases have all given 
rise to judicial proceedings, this has not prevented the use of aggressive language and 
hate speech in political debate. 

In  Italy,  in  recent  years,  extremist  groups  with  xenophobic  and  Islamophobic 
connotations  have  been  on  the  rise.  In  2013,  reports  on  hate  speech  in  the  media 
(including the internet) accounted for 34.2 % of all alerts received by the National Office 
against Racial Discrimination (UNAR), an increase from 19.6 % in 2012. 

In  Italy, the issue  of  sex education in school remains controversial, in particular with 
regard  to  gender  identify  and  sexual  orientation.  Sex  education  remains  an 
extracurricular  activity  taken  up  on  a  voluntary  basis  by  students  and  teachers.  The 

114  Marino,  S.,  Penninx,  R.  and  Roosblad,  J.  (2015).  Trade  unions,  immigration  and  immigrants  in  Europe 
revisited:  Unions’  attitudes  and  actions  under  new  conditions.  Comparative  Migration  Studies,  3(1),  doi 
10.1007/s40878-015-0003-x 
115  ECRI  (2018).  Annual  Report  on  Activities  covering  the  period  from  1  January  to  31  December  2017. 
Available  at:  https://www.coe.int/en/web/european-commission-against-racism-and-intolerance/annual-
reports 
116  ECRI 
centrodirittiumani.it/public/docs/ITA-CbC-V-2016-019-ENG.pdf  

cycle).  Available  at:  http://unipd-

(2016).  Report  on 

(fifth  monitoring 

Italy 

November 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

ECRI  reported  that  particular  attention  should  be  given  to  the  promotion  of  mutual 
tolerance and respect in school117. 

In  Spain,  the  ECRI  reports  that  authorities  have  improved  the  collection  of  official 
statistics on hate speech and other hate crimes. Although hate speech is not considered 
common in the national political discourse, and far-right groups do not have a significant 
impact in the country, in 2015, the police recorded 1,328 cases of hate crimes, 505 (38 
%)  on  the  grounds  of  racism  and  xenophobia,  169  on  sexual  orientation  and  gender 
identity and 70 on religious beliefs or practices118.  

In Sweden, the ECRI reports that, in recent years, civil society groups have observed a 
considerable  increase  in  hate  speech  on  the  internet,  although  no  accurate  data  are 
available. The report denounces a marked increase in reported racist and xenophobic 
hate speech incidents against migrants/refugees, black people and Roma119.  

The  2018  ECRI  report  for  Malta  observed  that  Islamophobia  is  prevalent  in  Maltese 
society in general. The run-up to the 2017 elections was characterised by a rise in hate 
speech from party members and the public120.  

Despite  this  evidence  of  rising  racism  and  Islamophobia,  national  equality  bodies 
across the EU tasked with non-discrimination do not have an explicit mandate 
to  address  hate  speech  (with  the  exception  of  Cyprus,  and  Belgium).  All  others 
address hate speech within their broader mandate to address human rights violations121. 
Nevertheless, hate speech is increasingly a priority topic among equality bodies, which 
are developing more strategic policy responses to tackle this phenomenon, in particular 
online.  

Finally,  while  national  equality  bodies  are  important  institutions  tasked  with  tackling 
discrimination in society, a recent evaluation showed that resources allocated to these 
bodies were, in most EU Member States, insufficient to have a real impact122. 

2.4  What drives trade unions to act on discrimination?  

Trade unions have a key role to play as central actors in the world of work, in 
influencing  the  policy-making  and  legislative  processes,  and  in  society  more 
broadly. This study confirmed that the actions of trade unions are deeply ingrained in 
the  European  and  national  policy-making  context.  Trade  unions  reported  that 
persistently high levels of discrimination, migration trends and legal changes in the area 
of  non-discrimination  were  among  the  main  drivers  for  their  taking  action  on  non-
discrimination.  Increasingly,  fighting  for  a  more  equal  society  and  equal  rights  is 
becoming  embedded  in  the  trade  union  culture.  Trade  union  actions examined  in  the 
case studies showcase how trade unions have responded to the needs of their members 
and  wider  society  and  have  taken  a  variety  of  actions  to  tackle  discrimination.  This 

Italy 

(fifth  monitoring 

(2016).  Report  on 

cycle).  Available  at:  http://unipd-

117  ECRI 
centrodirittiumani.it/public/docs/ITA-CbC-V-2016-019-ENG.pdf  
118  ECRI  (2018).  Report  on  Spain  (fifth  monitoring  cycle).  Available  at:  https://rm.coe.int/fifth-report-on-
spain/16808b56c9  
119 ECRI (2018). Report on Sweden (fifth monitoring cycle). Available at: https://rm.coe.int/fifth-report-on-
sweden/16808b5c58  
120  ECRI  (2018).  Report  on  Malta  (fifth  monitoring  cycle).  Available  at:  https://rm.coe.int/fifth-report-on-
malta/16808b592b  
121  Equinet  (2018).  Extending  the  Agenda.  Equality  Bodies  addressing  hate  speech.  Available  at: 
http://www.equineteurope.org/IMG/pdf/hate_speech_perspective_-_web.pdf  
122 In particular, equality bodies in Poland and the UK have seen a disproportionate budget cut in recent years. 
Crowly, N. (2018). Equality Bodies Making A Difference. European network of legal experts in gender equality 
and  non-discrimination  report,  p.  103.  Available  at:  https://www.equalitylaw.eu/downloads/4763-equality-
bodies-making-a-difference-pdf-707-kb  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
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commitment to the equality agenda is more and more evident in trade union structures, 
programme documents and concrete actions.  

Trade  unions reported that  high and persistent levels of discrimination  were 
the main reason for instigating action in 16 of the 21 case studies (see Table 6). 
In eight case studies, multiple factors played a role, confirming the strong and complex 
dynamics of the issue of discrimination. This was the case, for example, for the Polish 
NSZZ  Solidarność  union,  where  legal  counselling  and  support  for  members,  together 
with  awareness-raising  training,  focused  on  multiple  discrimination.  Similarly,  the 
CGIL’s  Office  for  New  Rights  in  Italy  focused  on  discrimination  on  grounds  of  sexual 
orientation, while the Belgian CSC union focused on protecting diversity of beliefs.  

  Overview of the types of drivers for trade union non-discrimination actions 

MS 

Trade 
union 

Practice 

Ground of 
discrimination 

Driver: 
legal 
change 

Driver: 
migrant 
trends 

Driver: 
high 
levels of 
discrimin
ation 

PL 

NSZZ 
Solidarność 

PL 

OPZZ 

Legal counselling 
and support, 
awareness-raising 
training for trade 
union members 

Advocacy and legal 
advice for minority 
workers 

Multiple 

x 

x 

Multiple 

x 

x 

SE 

Vision 

Workplace for all 

Multiple 

x 

IT 

CGIL 

Office for New Rights 

Sexual 
orientation/ LGBT 

UK 

Equity 

I can act but I won’t 
pretend 

Sexual 
orientation/ LGBT 

ES 

CCOO 

Working Group (WG) 
on gender and 
sexual diversity 

Sexual 
orientation/ LGBT 

NL 

FNV 

Netwerk Roze (Pink 
Network) 

Sexual 
orientation/ LGBT 

EU  ETUCE/ETUC

/ILGA 

Statement against 
homophobic bullying 

Sexual 
orientation/ LGBT 

RO 

FSLI 

Department for 
Equality 

Multiple 

SI 

SVIZ 

Training immigrant 
children in education 

Racial/ Ethnic 

UK 

FBU 

Diversity in fire 
brigades 

Racial/ Ethnic 

x 

x 

x 

x 

x 

x 

x 

x 

x 

November 2019 

52 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

MS 

Trade 
union 

Practice 

Ground of 
discrimination 

Driver: 
legal 
change 

Driver: 
migrant 
trends 

Driver: 
high 
levels of 
discrimin
ation 

DK  FIU equality  Mentor Programme 
and the Booklet the 
FIU-Equality training 
of elected union 
representatives for 
greater equality 

Racial/ Ethnic 

x 

MT 

GWU 

Equality policy in 
collective bargaining 

Multiple 

x 

BE 

CSC 

Protecting diversity 
of beliefs 

Religion 

BE 

CSC/ACV, 
FGTB/ABVV, 
ACLVB/CGSL
B 

FR 

CGT 

Tackling racism in 
employment 

Racial/ ethnic 

x 

Fighting extreme 
right ideas and 
racism 

Racial/ ethnic 

FR 

UNSA 

Training sessions on 
LGBT discrimination 

Sexual 
orientation/ LGBT 

UK 

NEU 

DE  Yellow Hand 
Association 

Personal, social, 
health education 
curriculum 

National award to 
projects against 
xenophobia and 
racism 

Sexual 
orientation/ LGBT 

x 

Racial/ ethnic 

AT 

ÖGB 

Competence forum 
migration 

Racial/ ethnic 

HU 

Liga 
Democratic 
League of 
Independent 
Trade Unions 

Events on equality 
and non-
discrimination 

Multiple 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

Most  trade  unions  reported  that  they  felt  compelled  to  act  due  to  persisting 
discrimination in society.  

In  Italy,  (the  CGIL  Office  of  New  Rights),  the  driver  for  action  was  linked  to  the 
widespread  discrimination  against  LGBT  groups,  with  trade  union  coordinators 
witnessing constant increases in cases of harassment and discrimination against LGBT 
groups. Similarly, the UK’s media sector union (Equity UK) reported that LGBT workers 
were persistently victims of discrimination, while LGBT-related harassment was reported 
as being ingrained in the entertainment sector. Persistent discrimination against LGBT 
groups saw the Netherlands establish Netwerk Rose (the Pink Network). At EU level, the 

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ETUCE reported that violence and harassment on the basis of sexual orientation is one 
of the major grounds for discrimination faced by educators. This was also reported in 
the UK by the National Education Union (NEU), whose own research found that sexism 
and sexual harassment are commonplace in schools, compelling the trade union to act. 

In  the  UK,  the  Fire  Brigades  union  (FBU)  work  was  driven  by  the  unequal  treatment 
reported  by  black  firefighters  who  were  union  members.  In  Austria,  the  ÖGB  union 
reported the increased levels of discrimination on the grounds of ethnic origin and race 
– more specifically, increased discrimination against women with migrant backgrounds 
- as its main driver for action. In Belgium, the CSC union’s practice ‘Protecting diversity 
of beliefs’ was driven by an increase in reported incidents amongst union members in 
relation to difficulties in accommodating workers’ religious practices at the workplace. 
The  Yellow  Hand  Association  in  Germany  was  compelled  to  act  by  a  higher  level  of 
discrimination against Turkish migrant workers. In Belgium, the CSC/ACV, FGTB/ABVV 
and ACLVB/CGSLB trade union confederations identified racism at the workplace as a 
major issue, which, in turn, led to the implementation of the initiative ‘Tackling racism 
in employment’.   

Increased levels of discrimination – real or perceived – relate, to some extent, 
to the phenomenon of recent migration trends, i.e. higher migration in-flows. 
Whether related to discrimination or not, migration trends have been reported 
by trade unions as the second main reason for action.  

For  example,  in  Slovenia,  the  SVIZ’s  practice  on  ‘Training  immigrant  children  in 
education’ was motivated by a high influx of migrants in 2015-2016, requiring action to 
better  support  the  integration  of  migrant  children  in  schools.  In  Denmark,  FIU-
Equality123 reported that, due to recent migration trends, the Danish labour market has 
become more ethnically diverse. In response, the trade unions initiated actions to better 
integrate workers with migrant backgrounds into the labour market. In addition, FIU-
Equality focused on the education of shop stewards on equality and non-discrimination. 
Similarly, the Polish trade union OPZZ initiated its actions following increased migration 
flows  from  Ukraine.  In  Malta,  intensified  trade  union  actions  by  GWU  in  relation  to 
equality  and  non-discrimination  were  related  to  a  recent  large  influx  of  economic 
migrants.  In  Belgium,  the  specific  demographic  profile  of  the  Brussels-Capital  Region 
(which has more than 168 nationalities) was the main driver for the CSC trade union to 
promote diversity and equality at the workplace. 

Legal  changes  in  the  field  of  equality  and  non-discrimination  were  not  often 
reported as drivers for the implementation of actions. Nevertheless, in some 
countries,  the  legal  framework  was  a  key  factor  for  action.  For  example,  in 
Poland, the NSZZ Solidarność reported the accession of Poland to the EU in 2004 and 
the need to transpose the Directives into national law as the reasons for extending legal 
support in relation to non-discrimination and equality. In Sweden, an amendment to the 
Discrimination Act in 2017 that required employers to take ‘active measures’ to combat 
discrimination led the trade union Vision to implement the initiative ‘Workplace for all’. 
In  Denmark,  FIU-Equality  reported  a  series  of  legislative  acts  on  promoting  equal 
treatment  and  addressing  non-discrimination  in  the  labour  market  as  its  underlying 
driver.  

2.5  The role of trade unions as an actor for diversity in society and the 

workplace 

In this complex and changing socioeconomic and demographic context, characterised 
by the rapidly evolving political debate at European and national level (e.g. in relation 

123 FIU-Equality provides training to trade unions on the issues of equality and diversity. It was established in 
2005 through a partnership between three trade unions 3F (United Federation of Danish Workers), HK (Union 
of Commercial and Clerical Employees) and Dansk Metal (Danish Metal Workers’ Union).  

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to migration and discrimination against minority groups) and diverse societies,  trade 
unions play a fundamental role in in supporting the transition to a more equal 
and just society based on the values of tolerance, democracy and equal rights 
for all. 

Discrimination in society and at the workplace is an enduring issue. However, alongside 
increasingly acrimonious and polarised political debate, the rise of far-right movements 
and anti-migration attitudes, there is also a new awareness of the need to work towards 
a  more  integrated  society.  Indeed,  the  socio-political  debate  about  the  detrimental 
effects of discrimination on society and the counterarguments for a more diverse society 
(e.g.  the  need  for  migrant  workers  in  an  ageing  European  society)  are  gaining 
momentum.  

In addition to the action by trade unions, employers also have a responsibility to 
fight  discrimination.  Their  willingness  to  support  non-discrimination  practices  and 
initiatives  from  the  trade  union,  particularly  during  social  dialogue,  is  a  key  issue  in 
moving forward. To date, this is both insufficient and unsystematic, particularly in the 
context of an adverse political climate and weak social dialogue structures (see Section 
4.2.3).  

Discrimination is a multifaceted issue that is difficult to detect and recognise, 
not least because it is often ingrained in culture and intertwined with diverse 
is  considered 
societal  norms  and  beliefs.  The  boundaries  between  what 
discriminatory  behaviour  (or  not)  are  fuzzy  and  mutable,  depending  on  culture  and 
existing legal and policy frameworks.  

The mission and ultimate goal of trade unions is to protect and advance the interests of 
their members in the workplace. However, the role of trade unions and the impact of 
their  work  goes  beyond  their  members  and  workplaces.  Advancements  in  working 
conditions impact on the everyday life of workers and can have spill-over effects that 
benefit society as whole. For example, negotiations and lobbying for changes in legal 
and policy frameworks cascade throughout society, while improvements in the working 
conditions of workers have positive implications for their families.   

Specifically, in relation to the complex issue of discrimination, trade unions play a key 
role in supporting diversity and promoting the rights of minority groups, as a 
result of which their actions are likely to impact on society as a whole.  

Although  cultural  changes  and  lobbying  from  civil  society  organisations  and  social 
movements typically precede (and drive) advancements in policies and legislation, the 
existence of a legal framework guarantees universal application of the acquired rights 
to  the  entire  society.  As  such,  it  further  drives  the  mainstreaming  and  acceptance  of 
concepts and rights in relation to equality and non-discrimination. In line with this, the 
role of trade unions in the policy-making process and the collaboration between different 
actors  was  reported  as  crucial  in  driving  change  in  respect  of  equality  and  non-
discrimination legislation. For instance, the ETUC was a major actor in the adoption of 
the  RED.  The  Maltese  trade  union  GWU  reported  that  a  good  level  of  communication 
and  cooperation  with  employers  and  policy  makers  enhances  the  effective 
implementation of non-discrimination legislation. In the legislative process, trade unions 
should  push  for  the  adoption  of  laws  and  policies  to  prevent  and/or  address 
discrimination. Trade unions have a role in supporting cultural change inside and outside 
the  workplace.  For  example,  in  the  Italian  case  study,  CGIL’s  Office  for  New  Rights 
pushes  for  debate  on  the  topic  of  non-discrimination  and  secularism  more  generally. 
Over  the  years,  its  activities  have  contributed  to  the  advancement  of  legislation  in  a 
variety of areas, most recently to the law for the recognition of same-sex unions in Italy 
(Legge Cirinna), and the law on self-determination in the context of the new law on end-
of-life  medical  care  (Legge  sul  biotestamento).  The  emergence  of  LGBT  rights,  for 
instance, has transformed traditional dynamics in the workplace, calling for trade union 
initiatives  to  support  this  transition  (for  example  accommodating  the  needs  of  LGBT 

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parents, whose rights are not always recognised by the legal framework). As the French 
trade  union  UNSA  stated:  ‘We  found  out  that  our  members  were  confronted  by  new 
situations without the means to answer them. (…) When new questions and new debates 
arise, it calls for trade union action in their mission to address current societal issues.’ 

There  is  an  economic  argument  for  trade  unions  to  act  on  discrimination.  A 
workshop  recently  held  by  ETUC/ETUI  unanimously  recognised  that  ‘racism  and 
xenophobia  are  real,  present  in  everyday  lives  of  workers,  impairing  their  ability  to 
perform their tasks and affecting their mental health. Racism is deeply embedded within 
the structures of society, its institutions, as well as in trade unions. It limits the ability 
of blacks and ethnic minority groups to climb up the professional ladder, and have their 
voices  adequately  represented  within  trade  unions.  Racism  is  about  economic 
exploitation that feeds upon unfair and exploitative structures in labour markets’124.  

Discrimination harms companies and societies in many ways. For example, it impacts 
negatively  on  workers’  performance,  adversely  affects  workers’  mental  health  and 
introduces barriers in the labour market that hinder the advancement of competent and 
skilful people. Companies  - and the overall economy  - are also adversely affected by 
discrimination, as diversity has been shown to increase innovation, enhance creativity 
and improve workplace performance125.  

Discrimination is embedded within the structures of society and its institutions, as well 
as in trade unions. In the case studies, some organisations mentioned the growing need 
to  tackle  discrimination  internally  in  their  own  organisation.  For  example,  in  the 
French  case  study  ‘Fighting  extreme  right  ideas  and  racism’,  the  CGT  decided  to 
implement  internal  actions  against  racism,  as  polls  showed  that  an  increasing 
percentage of the trade union's members voted for extreme right parties. Similarly, in 
Germany, it was found that 15 % of trade union members voted for the far-right party 
AfD. The current study identified an increasing number of trade union internal practices 
compared to the 2010 study (see Figure 3.7), confirming a trend towards organisations 
tackling  discrimination  among  their  members.  In  fact,  trade  unions  are  themselves 
workplaces that represent societal trends. By acting internally to tackle discrimination 
in their own organisations, trade unions can become drivers of societal changes, given 
the spill-over effects at the various workplaces where their members work.  

In this study, some trade unions have reported internal debates on the role of trade 
unions and the legitimacy of non-discrimination activities vis-à-vis the mission 
of trade unions126. Within trade unions, there are diverging opinions on trade union 
actions, as can be expected in pluralistic organisations. Some union members believe 
that tackling discrimination at work should not be considered a priority on the political 
agenda or in the union’s budget. Other priorities are considered more in line with the 
trade union mission and are prioritised, due to the limited financial and human resources 
of  the  trade  unions.  Such  priorities  include,  for  example,  the  fight  against 
tackling  precarious 
unemployment, 
employment. Despite such diversity of views, the initiatives found in this study point to 
a cultural shift within trade unions, with an increasing awareness of changing dynamics 
between society and the workplace and thus the important role trade unions can play 
in promoting equality and non-discrimination at the workplace and beyond.  

improvement  of  working  conditions  and 

124 https://www.epsu.org/article/racism-and-xenophobia-workplace-what-role-trade-unions  
125  Livermore,  D.  (2016).  Driven  by  Difference:  How  Great  Companies  Fuel  Innovation  Through  Diversity. 
Available at: https://www.goodreads.com/book/show/25649416-driven-by-difference  
126 These trends were identified in the following cases: CSC Belgium ‘Protecting Diversity of Beliefs’; CCOO 
Spain  ‘Working  Group  on  gender  and  sexual  diversity’  and  CGT  France  ‘Fighting  extreme  right  ideas  and 
racism’. 

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3  What actions and practices are trade unions implementing 

to tackle discrimination and support diversity? 

Summary of key results  

  Trade unions at all levels in Europe have developed numerous initiatives 
to promote equality and diversity, adopting a broad range of approaches 
to  address  the  multiple  grounds  of  discrimination,  through  diverse  practices, 
target groups, reach and activities.  

  The dual focus of trade union actions - both internal to trade unions and 
externally  in  the  workplace  and  in  society  -  allows  persistent 
discrimination to be tackled through different channels. Trade unions give 
careful  consideration  to  the  need  to  address  discrimination  among  their 
members,  training  and  raising  internal  awareness  of  the  importance  of 
promoting equal treatment and non-discrimination at the workplace. 

  A  majority  of  cross-sectoral  measures  were  identified  at  national  and 
regional level, conducted by trade unions representing multiple sectors. Among 
sector-specific  actions,  there  is  a  preponderance  of  actions  in  public  sector 
unions, particularly in sectors such as health, education and social services.  

  Since  2010,  the  number  of  initiatives  tackling  discrimination  on  the 
ground of sexual orientation and gender identity has increased. The 2010 
study  primarily  reported  practices  addressing  discrimination  on  the  ground  of 
race or ethnic origin, which were less prominent in the current study.  

Trade unions chiefly implemented awareness-raising actions and campaigns, 
collective  bargaining  and  targeted  training  for  trade  union  members  on 
non-discrimination  issues.  In  developing  their  actions,  a  number  of  trade 
unions  forged multi-stakeholder  partnerships  to:  strategically  increase  their 
lobbying power and provide a forum for discussion and exchange of good practices; 
maximise the reach of targeted groups and the impact of the action; recruit new 
members;  and  receive  specific  technical  knowledge  and  reliable  background 
information in the design phase of the practice or during its implementation. 

3.1  Identification  of  non-discrimination  practices  and  selection  of 

case studies 

This study includes practices focused on discrimination on the grounds of religion 
or belief, race and ethnicity, sexual orientation and gender identity, as well as 
practices  aimed  at  tackling  several  forms  of  discrimination  or  multiple 
discrimination. 

The analysis presented here includes a comparative overview of the practices identified 
in  the  2010  study  and  those  identified  as  part  of  this  study.  The  distinction  that  is 
subsequently  made  between  ‘practices  from  the  2010  study’  and  ‘practices  from  the 
current study’ to a limited extent disguises the fact that not all practices identified for 
the current study are necessarily ‘new’ (i.e. developed after 2010).  

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Box 1 below describes the methodological approach used to identify and select relevant 
practices. 

Box  1.  Identifying  the  development  of  trade  union  practices  on  non-
discrimination over time 

The  study  carried  out  in  2010  sought  to  identify  trade  union  practices  on  non-
discrimination mainly between 2000 and 2010, based on desk research, a survey of 
trade unions and subsequent case studies. 

The first step in the current study was to carry out desk research and interviews with 
European-level trade union representatives to establish which of these practices are 
still in place or have since evolved but continue to play a role (15 out of 80 were still 
in place in some form but the status of a significant number was unclear). 

Additional desk research was carried out, primarily with the goal of identifying new 
trade union practices. As part of this process, a significant number of practices were 
identified  (68),  most  of  which  were  initiated  after  2010.  However,  some  of  these 
practices also pre-dated 2010, were not mentioned in the previous study and are still 
in  place.  These  were,  therefore,  integrated  into  the  same  pool  of  ‘new’  (or  rather 
‘newly identified’) practices). 

Finally,  the  presentation  of  ‘new’  practices  also  relies  on  practices  reported  in  the 
online survey of EU level and national trade unions carried out as part of this study 
and  disseminated  by  members  of  the  steering  group  (ETUC  (and  onward  to  other 
trade  union  confederations),  EPSU,  UNI  Europa  and  ETUCE.  41  practices  were 
described in detail in the survey). From the findings of this survey, information on 
trade  union  non-discrimination  practices  can  be  broken  down  as  follows:  firstly, 
information is  available  on  the  share  of  responding  trade  unions  that  reported  the 
presence of such practices, the grounds covered by such practices and their nature 
(in terms of the type of activity). Secondly, information is available on the practices, 
for which more information was provided as part of the survey127. 

A  total  of  80  relevant  practices  were  identified  from  the  2010  report,  while  desk 
research and the survey found 109 ‘new’ practices. 

To  ensure  a  useful  balance,  the  selection  of  case  studies  was  underpinned  by  the 
following criteria: 

  Geographical  balance  -  across  Member  States  from  Western,  Northern, 

Southern, and Central and Eastern Europe;  

  Ground of discrimination - representation of each ground of discrimination, as 

well as multiple discrimination; 

  Sectorial coverage - case studies across sectors covered by trade unions; 

  Focus of the activity – whether internal or external to the trade union; 

  Type  of  activity  -  based  on  different  clusters  of  activity  (e.g.  awareness 

campaigns, training, collective bargaining); 

  Sustainability  -  evidence  that  the  practice  was  still  ongoing  and/or  had  been 

carried forward in a different way or had been replicated since 2010; 

127 Not all unions indicating the presence of such practices went on to complete the sections of the survey 
requesting more information on these initiatives. 

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  Impact /measurable outcomes - evidence that the practice has had (or could 
have) a significant impact or is considered important in the national context; 

  Transferability – presence of key features that are transferable across Member 

States; 

  Innovation  -  extent  to  which  a  measure  was  considered  to  use  a  new  and 

potentially highly impactful approach. 

3.2  Overview of practices implemented by trade unions  

While the main area for trade union action is the workplace, discrimination is multi-
faceted  and  interconnects  with  issues  linked  to  wider  society.  In  defining  and 
identifying  discrimination,  several  factors  come  into  play,  including  different  cultural 
sensitivities  and  national  contexts,  making  it  difficult  to  disentangle  the  causes  and 
origins  of  the  discriminatory  behaviours.  It  is  thus  is  widely  recognised  that  tackling 
discrimination requires multidimensional and multi-layered strategies. Trade unions are 
adopting  a  broad  range  of  approaches  to  addressing  the  multiple  grounds  of 
discrimination  through  their  diverse  practices,  target  groups,  reach  and  activities,  as 
well  as  by  forging  multi-stakeholder  partnerships,  including  those  with  specialist 
knowledge and expertise in combating discrimination at work and in society more widely 
(e.g. NGOs, education institutions, training providers, law firms, etc.). 

3.2.1  Grounds of discrimination addressed  

Among the practices identified through desk research and reported in the survey for this 
study, those aimed at addressing discrimination on the grounds of race and/or 
ethnic  origin,  and  initiatives  addressing  multiple  discrimination  were  most 
prevalent, followed by measures combating discrimination on the grounds on sexual 
orientation and gender identity (see Figure 7). Few measures singled out discrimination 
on the grounds of religion and/or belief as a specific focus. 

Figure 7.  Grounds of discrimination addressed by reported measures 

80

70

60

50

40

30

20

10

0

31

40

35

17

38

20

3

5

Race or ethnic
origin

Religion and
belief

Sexual
orientation and
gender identity

Unknown

Multiple grounds

2010 study

Current study

Source: ICF 2018 study and 2010 study. 

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When assessed as a share of practices and compared to the 2010 study (and counting 
the  practices  identified  as  ‘unknown’  as  practices  of  multiple  discrimination),  the 
practices addressing multiple discrimination increased from 25 % to 38 % of 
practices identified. Interestingly, the share of initiatives focusing on race and ethnic 
origin declined from 50 % in the 2010 study to 29 % in the current study. Efforts to 
address  discrimination  on  the  grounds  of  sexual  orientation  and  gender  identity 
increased from 21 % to 32 %. As was the case in 2010, the focus of measures in relation 
to the latter tends to be on sexual orientation rather than gender identity.  

Figure  8  provides  an  overview  of  the  grounds  of  discrimination  covered  by  the  case 
studies analysed and, to some extent, reflects the overall sample of practices identified. 
It is important to  reiterate that the focus of the practices may overlap. For  example, 
practices  tackling  discrimination  on  the  grounds  of  race  and/or  ethnicity  are  also 
interlinked with issues related to religion and/or belief. Similarly, practices focusing on 
sexual orientation and gender identify often aim to address sexual harassment, which 
is often gender-related. This is also reflected in the high number of practices dealing 
with discrimination on multiple grounds.  

Figure 8.  Grounds of discrimination in 2018 case studies 

6

1

7

7

Multiple grounds

Religion and belief

Race or ethnic origin

Sexual orientation and gender identity

Source: ICF( 2018). Case studies of trade union practices on non-discrimination and diversity. 

Both the analysis of the European and national contexts and the drivers reported by the 
trade unions highlight that all practices are closely linked to the current broader 
political and societal context at national level. In addition, when considering the 
overall  background  of  the  practices,  they  are  typically  part  of  broader  frameworks  of 
action,  where  trade  unions  focus  on  diversity  and  equality  issues  more  widely.  The 
specificities of some sectors can also explain the broader approach of the practices. For 
example, in the education sector, discrimination is addressed from several perspectives, 
e.g.  reducing discrimination among  education sector workers, but also promoting the 
values of diversity and equality in the content of education to foster change in society, 
as well as reducing discrimination against students and ensuring their access to a high-
quality free education. 

The practices that  address multiple grounds of discrimination  include forms of 
actions  that  aim  to  streamline  trade  union  actions  available  to  all  potential 
victims  of  discrimination.  Unions  have  observed  that  discrimination  is  more 
frequently linked to multiple grounds and that, while actions focusing on specific grounds 
are  still  important,  acts  of  discrimination  are  often  linked  to  the  same  behavioural 
patterns  (e.g.  acts  of  harassment,  avoidance  or  unfavourable  and/or  intimidating 

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treatment, violence) or stereotypes that are widespread in society. As a result, trade 
unions adopt a more wide-ranging approach to their actions. 

3.2.2  Geographical spread  

In both the 2010 and 2018 studies, the majority of practices were identified in Western 
and  Southern  Europe  (see  Figure  9).  In  the  2018  study,  more  practices  were 
identified in Western and Northern European countries.  

Figure 9.  Number of practices, by country cluster  

Source: ICF 2018 study. Note: N=189. 

0 below presents a more detailed breakdown of the number of practices, by country, 
identified in both the 2010 and 2018 studies. The highest number of practices were 
reported in the UK, Spain, Italy, France and Belgium. The 2018 research also found 
a higher number of relevant initiatives at EU level compared to the 2010 study.  

Figure 10. Number of practices, by Member State  

Source: ICF 2018 study and 2010 study, Note: N= 189.  

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There are multiple reasons possible reasons to explain why more practices were found 
in some countries than others. Firstly, this is linked to the size of the Member State and 
share  of  population  in  the  EU.  The  trade  union  density  and  structure(s),  as  well  as 
resources available to trade unions, vary widely between Member States and are likely 
to  play  an  important  role  in  trade  unions’  strategies  and  associated  prioritisation  of 
funding. In addition, the issue of discrimination appears to be less studied in Eastern 
and Central European countries. In some European regions, collection of data on specific 
groups that are victims of discrimination remains a challenge and is not yet harmonised 
at  European  level128.  This  lack  of  data  may  also  have  an  impact  on  trade  unions’ 
perceptions  of  the  severity  and  prevalence  of  the  issue  of  discrimination,  and  the 
urgency for action.  

The spread of case studies achieved a balance of Member States across Europe, ensuring 
representation of Western, Eastern, Northern and Southern countries. More specifically, 
the case studies can be broken down as follows: three in the UK, two in Poland, two in 
Belgium,  two  in  France,  one  in  Sweden,  Italy,  Spain,  the  Netherlands,  Romania, 
Slovenia, Denmark, Malta, Germany, Austria, Hungary, and one case study at EU-level. 

3.2.3  Sectoral spread 

The  majority  of  trade  unions  reporting  non-discrimination  and  diversity 
practices were either trade union confederations (at national or regional level) 
or trade unions representing a number of different sectors. As shown in Figure 
11 below, in both 2010 and to a greater extent in 2018, most practices were reported 
by trade unions representing multiple sectors. There is a preponderance of public service 
unions, including health, education, social and other public services129. 

This  trade  union  profile  may  have  been  partly  affected  by  the  nature  of  trade  union 
representation on the steering group and the degree of dissemination of the survey by 
European trade unions to their national affiliates. Notwithstanding that, it could also be 
the case that trade unions representing workers in the public services are more likely 
to address such issues due to the nature of the roles of workers in those sectors. Public 
sector  unions  may  have  higher  levels  of  awareness  of  the  requirement  for  non-
discriminatory practices when dealing with the public and internally, as well as a need 
to reflect the diversity of the public they serve. In the education sector, the specific role 
of educators in communicating the values of inclusivity and non-discrimination warrants 
a special mention. 

128 Farkas, L. (2017). Analysis and comparative review of equality data collection practices in the European 
Union. Data collection in the field of ethnicity. Study commissioned by the European Commission. Available 
at: https://ec.europa.eu/newsroom/just/document.cfm?action=display&doc_id=45791  
129 The study team was unable to gain access to the survey used by the 2010 study. The classification of the 
sectors represented by trade unions reporting relevant practices in 2010 and 2018 was complicated by the 
fact that the sectors used for classification in the respective surveys were not the same. 

November 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Figure 11. Number of practices, by sector 

2010 

Note: N= 18.; 

Source: ICF 2018 and 2010 studies 

The sectoral spread selected for the case studies tried to achieve a balance of sectors 
overall, as well as including sectors with a diverse workforce (e.g. the public sector has 
a higher incidence of women workers, while the fire and rescue services sector tends to 
be male-dominated). 

In total, 14 of the 21 practices selected were initiated by a multi-sector/cross-sectoral 
trade unions. Seven trade unions targeted their initiatives at specific sectors, four were 
in the education sector and aimed to raise awareness among pupils/students and society 
at  large  rather  than  addressing  purely  non-discrimination  issues  pertinent  to  the 
education workforce itself. The anti-racism activity of the FBU (representing workers in 
the  fire  and  rescue  services  across  the  UK)  was  also  selected  as  a  case  study.  The 
objective  was  to  tackle  discrimination  in  the  workplace  and  to  support  equal 
opportunities in the fire and rescue services. The actions of trade unions in the specific 
context of the media and performing arts sector, where harassment and discriminatory 
language are culturally endemic130 were outlined in the UK case study ‘I can act, but I 
won't pretend’.  

130  According  to  Equity  UK,  in  the  media  and  performing  arts  sector,  acceptance  of  discrimination  and 
harassment of other inappropriate behaviour is considered ‘the price to pay’ to pursue a career in the world 
of entertainment. Harassment and discriminatory language are deep-rooted in the culture of the sector and 
have  become  common  practice,  leading  to  extremely  low  levels  of  awareness  among  workers  and  high 
acceptance from the industry.  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Figure 12. Sectoral representation of trade unions in the case studies 

Source: ICF 2018 case studies. 

Any attempt to find correlations between the sectors and the likelihood of trade unions 
to address the issue of discrimination would be misleading here. It is not possible, on 
the  basis  of  this  study,  to  conclude,  for  example,  that  sectors  that  are  more  or  less 
male/female-dominated  or  more/less  migrant-dominated  are  more/less  likely  to 
address the issue of discrimination at the workplace.  

3.2.4  More  non-discrimination  practices  are  implemented  by  trade  union 

confederations and cross-sector trade unions  

The 2010 report classified the nature of the activities pursued and implemented by trade 
unions into the following four categories: 

  Social dialogue and workplace practices to promote non-discrimination; 

  Practices  promoting  equality  and  combating  discrimination  in  trade  union 

structures; 

  Working with NGOs against discrimination;  

  Union training to promote equality. 

While this type of classification may remain relevant, this study adopted an alternative 
classification based on an overall distinction between internal activities that seek 
to promote equality and combat discrimination within trade union structures, 
and external practices addressing the workplace and society more generally. 
Figure 13 shows that practices with a focus outside trade union structures were more 
common than internal practices, both in 2010 and 2018131.  

131 Some practices had both an internal and an external focus and, for a small number, the precise focus could 
not be determined on the basis of the information available. 

November 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

Figure 13. Internal or external focus of trade union non-discrimination activities 

Source: ICF 2018 study. Note: N= 189. 

An  additional  criterion  has  been  applied  to  the  external  practices,  dividing  them 
between those that have more of a ‘workplace’ focus (e.g. collective agreements, 
awareness-raising, training and other initiatives at workplace level, such as support for 
workers making discrimination claims, etc.) and those with a more ‘societal’ focus 
(general awareness-raising initiatives, public information campaigns, etc.).  

As  Figure  13  shows,  a  similar  trend  can  be  identified  in  both  studies.  Trade  union 
practices with a societal focus are more widespread than practices developed 
internally  to  tackle  discrimination.  However,  a  higher  percentage  of  internal 
practices have been identified in the current study: among the new measures collected, 
34 % had an internal focus, compared to 25 % in the 2010 study. This demonstrates 
increased emphasis on the need to address discrimination among trade union members, 
to train them and raise their awareness of the importance of promoting equal treatment 
and non-discrimination at the workplace. 

The fact that tackling discrimination requires a broader approach and activities that go 
beyond the workplace was confirmed by the case studies. In each case, the focus and 
activities  implemented  to  achieve  the  aims  and  objective  of  the  relevant  practice 
involved a multitude of actions.  

Fifteen  of  21  case  studies  (see  Table  7)  involved  practices  and  actions  to  address 
discrimination  in  wider  society,  going  beyond  the  workplace  and  the  trade  union 
structure(s). For example, the UK practice from Equity (‘I can act but I won't pretend’) 
aims to foster a cultural shift for LGBT people in the audio-visual sector. It sets out a 
framework for action to introduce more measures aimed at promoting equality at the 
workplace and to raise awareness among employers of the need to effectively address 
harassment and discrimination. At the same time,  the practice also targets the  wider 
society by seeking to raise public awareness of the situation in the sector in relation to 
bullying,  harassment  and  discrimination.  Similarly,  the  Spanish  practice  from  COO 
(Working Group on gender and sexual diversity) is primarily intended to raise awareness 
and streamline actions to tackle discrimination against LGBT people. The practice also 
highlights  a  way  to  centralise  information  on  all  actions  undertaken  at  sectoral  and 
territorial level in order to better lobby policy makers and raise awareness within society.  

In  the  other  six  practices,  the  focus  was  on  specific  discrimination  issue  at  the 
workplace.  For  example,  the  Polish  case  study  from  NSZZ  Solidarność  on  workplace 
counselling, the Swedish trade union Vision’s e-education platform ‘Workplace for all’, 
the French case study from USNA on LGBT training sessions, the case study from the 

November 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

UK  trade  union  FBU  on  actions  for  more  diversity  in  fire  brigades,  and  the  Slovenian 
case study from SVIZ, on training on integration of immigrant children in education.  

None of the practices solely addresses just one level (external or internal), as there is 
a clear understanding that discrimination needs to be addressed in all of its complexity 
and multidimensionality. 

A range of tools and activities have been implemented by trade unions to tackle 
discrimination.  These  can  be  clustered  into  three  different  categories:  (i) 
collective bargaining (which is the main focus and core of trade union activity); 
(ii) campaigns; and (iii) individual support and training.  

Equality  measures  in  the  workplace  (including  negotiation  of  collective 
bargaining  agreements)  were  the  second  most  common  practice  reported  by  the 
trade unions (most common at workplace level, with 11 of 21 practices). For example, 
the  Maltese  trade  union  GWU  was  particularly  active  in  negotiations  with  employers’ 
organisations,  public  bodies  responsible  for  the  promotion  of  equality,  ministries  and 
other social partners to push for legislative changes and discuss specific issues linked to 
inequality and discrimination at work, such as wage gaps for LGBT groups. (Given the 
importance  of  collective  agreements  to  the  work  of  trade  unions,  they  are  discussed 
separately in Section 3.2.5). 

Campaigns and other awareness-raising measures were the most common actions 
identified in the case studies, with 14 trade unions reporting having implemented such 
actions. Trade unions have developed a wide variety of tools and actions to disseminate 
their campaigns, including events, conferences, print or online material, surveys, etc. 
For example, the French trade union CGT, in its practice ‘Fighting extreme right ideas 
and racism’ organised a ‘Festival against Racism', with concerts (classic and pop music), 
workshops and debates. This innovative measure allowed the union to attract a wider 
public from different backgrounds and age groups. Another interesting example is the 
annual calendar distributed to the Belgium CSC trade union members, where each page 
presents  a  comic  strip  reflecting  on  societal  issues  and  discrimination  at  work.  The 
German  Yellow  Hand  Association  project  from  trade  union  DGB  organises  an  annual 
ceremony to award a prize to a project initiated by young workers and apprentices to 
tackle discrimination at work. 

Finally, the third most common action included provision of individual support and 
training  (10  practices).  Interestingly,  all  but  one  of  the  training  practices  used  the 
concept  of  train-the-trainer  to  guarantee  a  multiplier  effect  by  providing  training  to 
national and regional level trade union members. An interesting example of a training 
method is the Slovenian case study, where the trade union organised roundtables, using 
a  mutual  learning  method,  on  how  best  to  address  the  needs  and  teach  immigrant 
children. At the roundtables, teachers discussed and shared good practices developed 
in their schools to integrate migrant children.  

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

  Objectives of trade union actions and nature of activities implemented 

MS 

Trade 
union 

Name 

Ground 
of 
discrimin
ation 

Objective 

AT  OGB 

Trade 
union 
forum ‘By 
migrants, 
For 
migrants’ 

Racial/ 
ethnic 

BE 

CSC 

Protecting 
diversity 
of beliefs 

Religion 

BE 

CSC/AC
V, 
FGTB/A
BVV, 
ACLVB/
CGSLB 

‘Racism: 
Game 
Over’ 
campaign 

Racial/ 
ethnic 

Improve migrant 
worker representation 
in internal trade union 
structures, improve 
membership of migrant 
workers in trade 
unions, increase 
participation of migrant 
workers at company 
level in works councils 

Encourage debate 
around religion at the 
workplace and raise 
awareness of religion as 
dimension of diversity 
policies 

Improve knowledge of 
the issue by carrying 
out research, create a 
forum for discussion 
and debate, set 
priorities for actions 
among actors involved 
in social dialogue, 
implement practices at 
the workplace, 

Input (activities implemented) 

Campaig
ning 

Awarene
ss-
raising 

Policy 
framewo
rk 

Counsel
ling/ 
advice/ 
mediati
on 

Training - 
offline 
and 
online 

Train 
the 
trainer/ 
multipli
ers 

Collec
tive 
bargai
ning 

Research 
(study, 
survey) 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

67 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

MS 

Trade 
union 

Name 

Ground 
of 
discrimin
ation 

Objective 

campaign at policy level 
on the issue 

DE 

Yellow 
Hand 
Associat
ion 

National 
award to 
projects 
against 
xenophob
ia and 
racism 

Racial/ 
ethnic 

Prevention of racially 
motivated acts and 
racial discrimination at 
the workplace by 
engaging with young 
workers 

DK 

FIU 
equality 

ES  CCOO 

Mentor 
Program
me and 
Booklet 
on the 
FIU-
Equality 
training 

Racial/ 
ethnic 

Improve integration of 
migrant workers in the 
labour market under 
equal working 
conditions, improved 
protection of migrant 
workers 

Working 
Group on 
gender 
and 
sexual 
diversity 

Sexual 
orientatio
n/ LGBT 

Streamline actions 
inside trade union to 
tackle discrimination 
against LGBT people 
and raise awareness 
inside and outside trade 
union structures to 
improve diversity 

Input (activities implemented) 

Campaig
ning 

Awarene
ss-
raising 

Policy 
framewo
rk 

Counsel
ling/ 
advice/ 
mediati
on 

Training - 
offline 
and 
online 

Train 
the 
trainer/ 
multipli
ers 

Collec
tive 
bargai
ning 

Research 
(study, 
survey) 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

68 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

MS 

Trade 
union 

Name 

Ground 
of 
discrimin
ation 

Objective 

EU 

ETUCE/
ETUC/IL
GA 

Statemen
t against 
homopho
bic 
bullying 

Sexual 
orientatio
n/ LGBT 

Combat homophobic 
bullying in schools and 
recognise role of trade 
unions in promoting 
equality and policy 
development at 
national and EU level 

FR 

CGT 

Fighting 
extreme 
right 
ideas and 
racism 

Racial/ 
ethnic 

Reduce number of 
voters for extreme right 
political parties among 
trade union members 
and wider society 

FR  UNSA 

Training 
sessions 
on LGBT 
discrimin
ation 

Sexual 
orientatio
n/ LGBT 

HU 

Liga 
Democr
atic 
League 
of 
Indepen
dent 

Events on 
equality 
and non-
discrimin
ation 

Multiple 

Improve knowledge on 
legal framework and 
skills of trade union 
members to assist 
victims in concrete 
discrimination 
situations 

Streamline work on 
equality issues in 
internal trade union 
structure, facilitate 
social dialogue, 
sensitise members via 

Input (activities implemented) 

Campaig
ning 

Awarene
ss-
raising 

Policy 
framewo
rk 

✓ 

✓ 

✓ 

Counsel
ling/ 
advice/ 
mediati
on 

Training - 
offline 
and 
online 

Train 
the 
trainer/ 
multipli
ers 

Collec
tive 
bargai
ning 

Research 
(study, 
survey) 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

69 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

MS 

Trade 
union 

Name 

Ground 
of 
discrimin
ation 

Objective 

Trade 
Unions 

IT 

CGIL 

Office for 
New 
Rights 

Sexual 
orientatio
n/ LGBT 

MT  GWU 

Equality 
policies in 
collective 
bargainin
g 

Multiple 

training and promote 
networking 

Foster culture of self-
determination and 
secularism within and 
outside the workplace, 
tackle discrimination 
and improve rights of 
LGBT people 

Streamline trade union 
equality policy into all 
trade union actions – 
advocacy, collective 
bargaining, awareness-
raising, youth work 

NL 

FNV 

Network 
Roze 

(Pink 
Network) 

Sexual 
orientatio
n/ LGBT 

Combat discrimination, 
improve integration and 
inclusion of LGBTI+ 
people at the workplace 
and in society more 
broadly 

PL 

NSZZ 
Solidarn
ość 

Legal 
counsellin
g and 
support, 
awarenes

Multiple 

Improved information 
of discrimination issues 
and legal framework, 

Input (activities implemented) 

Campaig
ning 

Awarene
ss-
raising 

Policy 
framewo
rk 

Counsel
ling/ 
advice/ 
mediati
on 

Training - 
offline 
and 
online 

Train 
the 
trainer/ 
multipli
ers 

Collec
tive 
bargai
ning 

Research 
(study, 
survey) 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

70 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

MS 

Trade 
union 

Name 

Ground 
of 
discrimin
ation 

Objective 

s training 
for trade 
union 
members 

Advocacy 
and legal 
advice for 
minority 
workers 

Multiple 

PL  OPZZ 

RO 

FSLI 

Departme
nt for 
equality 

Multiple 

SE  Vision 

‘Workplac
e for all’ 
campaign 

Multiple 

support to employees 
and employers 

Combat undeclared 
work and social 
dumping to which 
migrant workers are 
exposed within the 
Polish labour market. 
Support and advise 
LGBT members of the 
OPZZ 

Internal structure to 
streamline policy on 
equality issues in the 
trade union and to raise 
awareness of 
discrimination issues in 
the sector more widely 
in society and among 
policy makers. 

Improve information on 
the non-discrimination 
legal framework and 
measures to foster 
equality at the 

Input (activities implemented) 

Training - 
offline 
and 
online 

Train 
the 
trainer/ 
multipli
ers 

Collec
tive 
bargai
ning 

Research 
(study, 
survey) 

Campaig
ning 

Awarene
ss-
raising 

Policy 
framewo
rk 

Counsel
ling/ 
advice/ 
mediati
on 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

71 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

MS 

Trade 
union 

Name 

Ground 
of 
discrimin
ation 

Objective 

workplace, improve 
skills of managers and 
trade union 
representatives on 
diversity and inclusive 
workplaces 

SI  SVIZ 

Training 
on 
integratio
n of 
immigran
t children 
in 
education 

Racial/ 
ethnic 

Provide support to 
teachers and share 
good practices to foster 
inclusion of immigrant 
and migrant children in 
schools 

UK  Equity 

I can act 
but I 
won’t 
pretend 

Sexual 
orientatio
n/ LGBT 

Foster a cultural shift to 
improve situation of 
LGBT people in 
media/audio-visual 
sector, improve 
protection and increase 
equality measures at 
the workplace, raise 
awareness in society 
about discrimination 
issues in the sector 

Input (activities implemented) 

Campaig
ning 

Awarene
ss-
raising 

Policy 
framewo
rk 

Counsel
ling/ 
advice/ 
mediati
on 

Training - 
offline 
and 
online 

Train 
the 
trainer/ 
multipli
ers 

Collec
tive 
bargai
ning 

Research 
(study, 
survey) 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

72 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

MS 

Trade 
union 

Name 

Ground 
of 
discrimin
ation 

Objective 

UK 

FBU 

Diversity 
in fire 
brigades 

Racial/ 
ethnic 

UK  NEU 

PSHE 
education
/RSE 
curriculu
m 

Sexual 
orientatio
n/ LGBT 

Source: ICF 2018 case studies.

Improve ethnic 
diversity in the sector 
of fire and rescue 
services and promote 
non-discrimination 
agenda in the trade 
union and workplaces 

Campaign at policy 
level to improve skills 
of teachers and 
teaching offer for 
students on sexual 
orientation education 

Input (activities implemented) 

Campaig
ning 

Awarene
ss-
raising 

Policy 
framewo
rk 

Counsel
ling/ 
advice/ 
mediati
on 

Training - 
offline 
and 
online 

Train 
the 
trainer/ 
multipli
ers 

Collec
tive 
bargai
ning 

Research 
(study, 
survey) 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

3.2.5  Implementation of the equality agenda in collective agreements 

Collective  bargaining  and  negotiation  of  collective  agreements  is  one  of  the 
core activities of trade unions, as they determine the outcomes for their members 
and  the  wider  workforce  in  terms  of  pay,  working  conditions  and  social  rights  at  the 
workplace. Of the 21 case studies, 11 have developed actions to include equality 
issues in collective agreements.  

Trade unions show a diversity of practices to promote the non-discrimination agenda in 
the  collective  bargaining  processes,  with  similarly  varying  outcomes  in  the  collective 
agreements.  

Most  directly,  a  number  of  trade  unions  succeeded  in  including  specific  equality 
clauses in their collective agreements in Italy, Malta, Spain, Poland and the UK.  

In Italy, in the specific context of discrimination against LGBT people, CGIL’s Office for 
New  Rights  has  previously  been  involved  in  the  political  process.  For  example,  it 
provided drafts for relevant legislation. The coordinators noted that the trade union  - 
and  the  Office,  specifically  -  has  contributed  to  promoting  and  disseminating  a  non-
discrimination  and  equality  culture  that  has  impacted  the  development  of  specific 
legislation in recent  years, such as the law for the  recognition of  same-sex unions in 
Italy (Legge Cirinna132), and the law on self-determination in the context of end-of-life 
medical  care  (Legge  sul  biotestamento)133.  Progress  has  been  made  thanks  to  the 
second-level  bargaining  and  the  direct  relationship  with  employers  for  non-
discrimination cases. A direct impact on companies’ practices is evident where the trade 
union has negotiated clauses with employers to recognise LGBT families and parental 
rights of LGBT parents (e.g. in the finance sector).  

In Malta, the work of the GWU has impacted how collective agreements were negotiated 
to  fight  discrimination.  The  most  important  aspect  highlighted  by  the  GWU 
representative is that when the trade union signs a collective agreement, it refers to the 
actual jobs workers perform, rather than to people. Thus, they do not differentiate on 
the  basis  of  gender,  race,  religion,  etc.  and  there  is  no  room  for  discrimination.  As 
highlighted  by  the  representative  of  the  GWU,  some  legislative  amendments  were 
required, as both the world of work and associated working conditions have changed 
over time.   

The trade union NSZZ Solidarność in Poland provides advice on how non-discrimination 
provisions  should  be  included  in  enterprise-level  documents  (collective  agreements, 
work regulations, etc.). The Union’s lawyers consult employer’s documents brought to 
their  attention  by  trade  union  representatives  (e.g.  collective  agreements,  work 
regulations, etc.) and provide suggestions on the non-discrimination clauses that should 
be incorporated. According to the interviewee, there is less discrimination in companies 
with  access  to  support  from  the  Union  and  those  that  are  covered  by  collective 
agreements with non-discrimination clauses, or companies with workplace regulations 
with  such  clauses.  Employees  and  employers  in  these  companies  are  more  aware  of 
their rights and responsibilities, and also know where to seek support.  

In  Spain,  CCOO’s  Working  Group  on  gender  and  sexual  diversity  has  achieved  the 
inclusion  of  clauses  relating  to  sexual  and  gender  diversity  in  seven  collective 
agreements  or  agreements  with  effects  on  employment  issues  (primarily  political 
agreements affecting public servants)134. 

132 http://www.gazzettaufficiale.it/eli/id/2016/05/21/16G00082/sg  
133 Ibid.   
134 FSC-CCOO promoted the inclusion of clauses relating to sexual and gender diversity in the 1st Collective 
Bargaining  Agreement  for  the  Action  and  Social  Intervention  Sector  2015-2017;  4th  Agreement  for  the 
Regulation of Labour Relations in the Port Stowage Sector 2014-2017; National Collective Labour Agreement 
for the Travel Agency sector 2016-2018; 5th National General Collective Agreement for the Surface Regulated 
Parking and the Removal and Storage of Vehicles from Public Roads Sector 2013-2017; Collective Agreement 

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2010 study 

In the UK, the Equity union has implemented a range of activities promoting the non-
discrimination  agenda.  The  ultimate  ‘hard  outcome’  of  the  work  was  the  inclusion  of 
clauses  on  non-discrimination  and  harassment  in  collective  agreements  and  in 
workplace  guidelines.  The  principles  in  the  ‘Manifesto  for  Casting’  provide  common 
standards  that  have  been  embedded  in  industrial  agreements  in  the  sectors  of  life 
performance (e.g. theatre,  clubs) and recorded media (e.g. broadcasting). In sectors 
not covered by collective agreements, workers who report cases to the unions are the 
only  entry  point  to  companies.  In  this  instance,  reported  cases  of  discrimination  and 
harassment  are  used  by  Equity  to  negotiate  company  guidelines  and  workplace  good 
practices with the offending companies. Equity has ongoing cases where negotiations 
with employers not covered by collective agreements have led to changes in workplace 
casting practices. However, as the sector is very dispersed and many employers are not 
covered by collective agreements, this is an ongoing and long-term process. 

Although not a formal part of collective agreements, several unions have established 
or further developed a dialogue with employers on how to deal with equality 
issues. This is aptly illustrated by two Belgium case studies.  

In Belgium, the CSC confederation worked to promote social dialogue within companies 
on religious diversity and to establish a discussion with employers on accommodating 
workers wishing to practice their religion at the workplace. In both the education and 
public sectors, a central issue is how to reconcile the neutrality of public services with 
religious diversity. 

Also  in  Belgium,  CSC,  CGSLB  and  FGTB  in  their  practice  ‘Racism:  Game  Over’, 
implemented campaigns directly in companies involving employee representatives, e.g. 
through the establishment of Work Councils 'Company Without Racism' in STIB and the 
NH hotel group. These committees unite representatives from the CSC, FGTB and CGSLB 
and are meant to draw up an action plan to tackle racism in their respective companies. 
The creation of the Works Councils against racism in STIB and the NH hotel group could 
also have long-term impacts in these companies, as it has brought together activists to 
tackle racism at the workplace. This cannot be assessed yet, however, as it is uncertain 
if  these  Work  Councils  will  continue  their  anti-racism  activities  after  the  end  of  the 
campaign. Interviewees were positive that the campaign would lead to future action, as 
delegates have been empowered and are committed to taking concrete action against 
racism.  They  became  the  main  actors  of  the  activities  to  tackle  racism  at  work, 
supported by the Diversity Committees of their respective trade unions.  

Less  directly,  several  trade  unions  adopted  actions  which  have  provided 
guidance,  support  and  advice  to  their members and  negotiators of  collective 
agreements. This has been reported in the case studies from Austria, the Netherlands 
and Sweden.  

In Austria, the Forum set up by the trade union confederation ÖGB provides a platform 
to exchange views and ideas between migrants, allowing them to debate in their mother 
tongue and to be active in the socio-political context through their trade union and the 
Forum. This, in turn, ensures that the voices of migrants and their concerns are explicitly 
identified  within  the  ÖGB  structures,  discussions  and  negotiations  in  the  context  of 
collective bargaining. Indeed, the Forum provides a good framework for amplifying the 
voices of migrant workers. It helps to mobilise people on specific topics and provides 
access to key political actors at regional level, as well as to additional resources, such 
as advisory services or training provision. 

In the Netherlands, one of the tools created by Netwek Roze FNV that helps them extend 
their  influence  is  the  ‘Rainbow  Checklist’  for  collective  agreements  (collectieve 

of Metro de Madrid 2016-2019; Collective Plurality Agreement of Companies linked to Organisational Reasons: 
ADECCO  Outsourcing  S.A.U.  and  ATLAS  Servicios  Empresariales  S.A.U.;  and  Legislature  Agreement  of  the 
General Table for Negotiation of the Civil Servants, Statutory and Labour Staff of the Regional Government of 
Valencia of 9 June 2016. 

November 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 
2010 study 

arbeidsovereenkomts, CAOs)135. The Rainbow Checklist provides guiding principles for 
works councils and CAO negotiators to support them in fostering LGBTI+ inclusivity in 
the workplace and CAOs. The Checklist sets out elements of the CAO that are important 
in  combating  discrimination  and  improving  the  integration  and  inclusion  of  LGTBI+ 
employees. The interviewee provided the example of transition leave for transgender 
people, a topic that is very specific to transgender employees and not currently included 
in CAOs. The TNN initially made the proposal for transition leave and the FNV was the 
first to endorse it, although it failed to gain government support. In the absence of a 
law ensuring transition leave, the FNV encourages sectors to include this in their CAO 
as part of the Rainbow Checklist to make the workplace more inclusive of (i.e. normalise) 
transgender employees. Netwek Roze has also gained support for the Checklist from the 
FNV’s  members’  parliament,  which  is important  in  ensuring  take-up  by  the  individual 
members who sit on works councils and negotiate CAOs for their respective sectors. 

In  Sweden,  the  Vision  union’s  work  on  diversity  includes  guidance  for  managers  and 
elected representatives136 on active measures introduced in the recent amendment of 
the Discrimination Act. This provides a great variety of guidance materials and support 
services for their members on active measures aimed at promoting equality, diversity 
and non-discrimination137. 

The guidance documents provided by Vision were developed by the Swedish Equality 
Ombudsman and include: 

  Checklist  for  managers  on  active  measures  to  promote  equality,  diversity  and 

non-discrimination at the workplace; 

  Digital guide to active measures;  

  #metoo checklist for managers. 

3.2.6  Reach and frequency of trade union actions  

The groups targeted by trade union practices are crucial to understanding the objectives 
and  potential  impact  of  the  non-discrimination  actions.  This  is  equally  true  for  the 
frequency of activities (whether are one-off, ongoing or multiple actions implemented 
over  time)  and  the  geographical  reach  (whether  initiatives  target  a  national  or  more 
local audience).  

The  comparative  analysis  of  case  studies  showed  that  to  maximise  impact,  trade 
unions apply a comprehensive and multi-dimensional strategy, by addressing 
the wider society (e.g. by raising awareness of discrimination in workplaces through 
national campaigns or events). This is often accompanied by a cross-sectoral scope and 
an inclusive workplace approach that targets employers and trade union members alike. 

Most  of  the  practices  (18  out  of  21)  are  ongoing  rather  than  one-off,  and  are 
embedded  in  the  trade  unions’  wider  strategies  and/or  structural measures. 
This ensures continuity of actions, which is likely to positively influence the effectiveness 
of the practices and their multiplier effect. It is often the case that trade unions combine 
permanent  strategies  or  permanent  internal  structures  with  one-off  activities.  For 
example,  dedicated  contact  persons  provide  an  ongoing  information  service  and 
undertake small-scale activities (e.g. awareness-raising actions at local level, training, 
monitoring  or  coordination  of  activities)  combined  with  large-scale  one-off  activities 
(e.g. awareness-raising campaigns and events at national level). 

135  The  Rainbow  Checklist 
content/uploads/2015/07/CAOregenboogchecklist.pdf   
136 https://vision.se/for-dig-som-ar/Fortroendevald/Arbetsmiljo1/diskriminering-och-aktiva-atgarder/  
137 https://vision.se/Yrken/Chef/Verktyg/diskriminering---guide-for-chefer/aktiva-atgarder/  

(in  Dutch) 

available 

at:  http://www.netwerkrozefnv.nl/wp-

is 

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The structural approach and ongoing nature of practices is linked to the fact that most 
practices analysed in the case studies are in place for more than 10 years, on 
average.  Only  seven  practices  were  implemented  recently  (in  the  last  three  years). 
One of the oldest measures is the Yellow Hand Association in Germany, an association 
closely connected to large cross-sectoral trade unions in the country and in existence 
for more than 30 years. The Yellow Hand Association is a successful actor in the trade 
union  youth  work  sector,  aiming  to  prevent  racism  and  xenophobia  in  workplaces,  in 
apprentice training and vocational training schools generally.  

In 19 case studies, the practices were implemented solely at nationwide level, 
while nine featured a multiple strategy that targeted both regional and local levels.  

Only two practices (Slovenia and Austria) focused on the regional level. In the Slovenia 
case, it should be noted that the trade union invited German teachers to share examples 
of  good  practices  in  integrating  children  of  immigrants  in  education.  Similarly,  in  the 
Austrian practice, the trade union cooperated with countries of origin of migrants, for 
example  the  Forum  organised  information  sessions  and  debates  with  Croatian  and 
Turkish trade unions.  

Notably, in six cases, the EU/international level played an important role, for example 
through  the  implementation  of  campaigns  or  awareness-raising  activities  outside  the 
national borders, or through the exchange of good practice. Netwek Roze FNV actively 
represents  LGTB  groups  at  international  level  by  extending  its  main  objectives 
(combating  discrimination,  improving  integration  and  promoting  inclusion  of  LGTBI+ 
people) globally. To this end, the network has bilateral relations with trade unions and 
NGOs from countries outside the EU to exchange information and experiences and to 
organise  events. As part of this strategy to  fight discrimination, the ETUCE organises 
regular  conferences,  including  a  biennial  special  conference  on  equality  and  equity 
issues. ETUCE also actively participates in the celebrations of the annual International 
Day Against Homophobia, Transphobia and Biphobia (IDAHOT). 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

  Reach and frequency of trade union practices and actions 

Memb
er 
State 

Trade union 

Name of 
practice 

Ground 
of 
discrim
ination 

Date of 
first 
implem
entation 

Wider 
society/p
olicy 
advocacy 

Target groups 

Frequency 

Geographical area 

Workers/e
mployees/
companies 
(all or 
cross-
sector) 

Sector-
specific 
workers 
and 
compani
es 

Trade 
union 
member
s/intern
al trade 
union 

One-
off 
initiati
ve 

Multiple 
one-off 
actions 

Contin
uous 
out-
reach 

Regiona
l/local 

Nation
wide 

EU/ 
interna
tional 

AT 

ÖGB 

Trade union 
forum ‘By 
migrants, 
For 
migrants’ 

Racial/ 
ethnic 

2009 

BE 

CSC 

Protecting 
diversity of 
beliefs 

BE 

CSC/ACV, 
FGTB/ABVV, 
ACLVB/CGSL
B 

‘Racism: 
Game Over’ 
campaign 

Religion  2010 

✓ 

Racial/ 
ethnic 

2014 -
2018 

✓ 

✓ 

✓ 

✓ 

Racial/ 
ethnic 

1986 

✓ 

✓ 

DE 

Yellow Hand 
Association 

National 
award to 
projects 
against 
xenophobia 
and racism 

DK  FIU -Equality 

Mentor 
Programme 
and Booklet 
on FIU-
Equality 
training 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

Racial/ 
ethnic 

2016 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

78 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

Memb
er 
State 

Trade union 

Name of 
practice 

Ground 
of 
discrim
ination 

Date of 
first 
implem
entation 

Wider 
society/p
olicy 
advocacy 

Target groups 

Frequency 

Geographical area 

Workers/e
mployees/
companies 
(all or 
cross-
sector) 

Sector-
specific 
workers 
and 
compani
es 

Trade 
union 
member
s/intern
al trade 
union 

One-
off 
initiati
ve 

Multiple 
one-off 
actions 

Contin
uous 
out-
reach 

Regiona
l/local 

Nation
wide 

EU/ 
interna
tional 

2017 

✓ 

✓ 

✓ 

✓ 

✓ 

2012 

✓ 

Education 

✓ 

✓ 

✓ 

✓ 

✓ 

ES 

CCOO 

EU 

ETUCE/ETUC
/ILGA 

FR 

CGT 

FR 

UNSA 

Working 
group on 
gender and 
sexual 
diversity 

Sexual 
orientati
on/ 
LGBT 

Statement 
against 
homophobic 
bullying 

Sexual 
orientati
on/ 
LGBT 

Fighting 
extreme 
right ideas 
and racism 

Racial/ 
ethnic 

Training 
sessions on 
LGBT 
discriminati
on 

Sexual 
orientati
on/ 
LGBT 

2014 

✓ 

✓ 

2017 

✓ 

HU 

Liga 
Democratic 
League of 
Independent 
Trade Unions 

Events on 
equality 
and non-
discriminati
on 

IT 

CGIL 

Office for 
New Rights 

Multiple  2009 

✓ 

✓ 

Sexual 
orientati
on/ 
LGBT 

1980 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

Target groups 

Frequency 

Geographical area 

Workers/e
mployees/
companies 
(all or 
cross-
sector) 

Sector-
specific 
workers 
and 
compani
es 

Trade 
union 
member
s/intern
al trade 
union 

One-
off 
initiati
ve 

Multiple 
one-off 
actions 

Contin
uous 
out-
reach 

Regiona
l/local 

Nation
wide 

EU/ 
interna
tional 

Memb
er 
State 

Trade union 

Name of 
practice 

Ground 
of 
discrim
ination 

Date of 
first 
implem
entation 

Wider 
society/p
olicy 
advocacy 

MT 

GWU 

NL 

FNV 

Equality 
policy in 
collective 
bargaining 

Multiple  N/A 

✓ 

Network 
Roze (Pink 
Network) 

Sexual 
orientati
on/ 
LGBT 

2015 

✓ 

PL 

NSZZ 
Solidarność 

PL 

OPZZ 

RO 

FSLI 

SE 

Vision 

Legal 
counselling 
and 
support, 
awareness-
raising 
training for 
trade union 
members 

Advocacy 
and legal 
advice for 
minority 
workers 

Department 
for equality 

‘Workplace 
for all’ 
campaign 

Multiple  2004 

Multiple  2009 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

Multiple  2012 

Education 

✓ 

Multiple  2016 

✓ 

✓ 

Public 
sector 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

November 2019 

80 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

Memb
er 
State 

Trade union 

Name of 
practice 

Ground 
of 
discrim
ination 

Date of 
first 
implem
entation 

Wider 
society/p
olicy 
advocacy 

Training on 
integration 
of 
immigrant 
children in 
education 

Racial/ 
ethnic 

2016 

Target groups 

Frequency 

Geographical area 

Workers/e
mployees/
companies 
(all or 
cross-
sector) 

Sector-
specific 
workers 
and 
compani
es 

Trade 
union 
member
s/intern
al trade 
union 

One-
off 
initiati
ve 

Multiple 
one-off 
actions 

Contin
uous 
out-
reach 

Regiona
l/local 

Nation
wide 

EU/ 
interna
tional 

Education 

✓ 

✓ 

✓ 

✓ 

‘I can act 
but I won’t 
pretend’ 

Sexual 
orientati
on/ 
LGBT 

Diversity in 
fire 
brigades 

Racial/ 
ethnic 

PSHE 
education/ 
RSE 
curriculum 

Sexual 
orientati
on/ 
LGBT 

2016 

✓ 

1990s 

✓ 

Audio- 
visual 

Fire 
Brigade 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

N/A 

✓ 

Education 

✓ 

✓ 

✓ 

SI 

SVIZ 

UK 

Equity 

UK 

FBU 

UK 

NEU 

Source: ICF 2018 case studies.  

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81 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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2010 study 

3.3  The role of partnerships in trade union practices 

Often, trade unions establish strategic collaborations to design and carry out their 
practices to combat discrimination. Indeed, this occurred in 17 of the case studies.  

When analysing the types of partnerships in the trade union practices, three strategic 
roles  of  the  partnerships  emerged.  More  specifically,  trade  unions  established 
partnerships to: 

  Develop  networks  built  on  long-lasting  relationships  to  increase  their  lobbying 

power and provide a forum for discussion and exchange of good practices. 

  Maximise the reach of targeted groups and the impact of the action, as well as 

to recruit new members.  

  Receive specific technical knowledge and reliable background information in the 
design phase of the practice or during its implementation (e.g. for print and online 
materials in campaigns or training material).  

The typology of partnerships is closely connected to the types of actions and objectives 
of the practices implemented by the trade unions.  

Practices focused on implementing training modules or cascade training through 
‘train  the  trainer’,  typically  by  using  external  training  providers  or  technical 
experts. Here, specialists provided technical expertise and specific knowledge to design 
training  materials,  such  as  legal  information,  or  to  conduct  research  on  causes  and 
occurrence  of  various  forms  of  discrimination,  their  detection  and  successful 
counteracting measures. This was the case for the initiatives from Romania, Belgium, 
the UK, Hungary and Austria.  

The Romanian trade union FSLI, in partnership with the Romanian National Agency for 
Quality  Assurance  in  Education,  created  the  National  Training  Centre,  which  today 
manages a network of eight regional centres and 16 county centres,  with 49 certified 
trainers. Within this context, the Equality Department staff delivers training on equality 
issues through the union’s own National Training Centre (a total of 2,436 teachers have 
been trained with the Union’s own funds). In the Belgian practice ‘Racism: Game Over’, 
the three trade unions organised separate training activities for their delegates, allowing 
the trainers to tailor the modules and the content to the specific trade union. The FSLI 
also  partnered  with  trade  unions  of  other  countries  (the  French  SNES-FSU,  the 
Norwegian LO and SL trade unions, and other trade union partnerships from Italy, Spain 
and Portugal, to make use of best practices from other countries). 

In the case of training at workplace level, where the target is the wider workforce - thus 
going  beyond  trade  union  members  -  collaboration  with  employers  is  key  to 
gaining support for training modules and to reach out to the wider workforce. 
For  example,  this  was  done  by  the  Swedish  trade  union  Vision,  for  its  e-education 
training platform ‘Workplace for All’.  

In practices aiming to raise workplace awareness or focusing on national campaigns to 
raise awareness among the wider public (and/or attract attention from policy makers), 
trade unions partner with employers’ associations, other trade unions (national or from 
other Member States)  and NGOs. These  strategic partnerships guarantee  access 
to target groups and a wider audience, thereby maximising the impact of the 
action.  This  is  the  case  in  measures  from  Italy,  the  UK,  Spain,  Romania,  Malta, 
Germany and France.  

For example, Italy’s CGIL Office for New Rights, in cooperation with NGOs, works with 
companies and employers’ organisations to raise awareness among employers of LGBT 
families in the workplace and to recommend that company agreements include rights 
relevant to LGBT parents.  

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In  the  Equity  UK  strategy  on  non-discrimination,  the  objective  of  the  ‘Agenda  for 
Change’  is  to  induce  a  cultural  shift  in  the  sector  and  to  encourage  employers  to 
introduce guidelines to combat sexual harassment. In addition to strategic cooperation 
with  employers’  organisations,  Equity  uses  reported  cases  of  discrimination  and 
harassment  in  companies  not  covered  by  collective  agreements  to  negotiate  the 
implementation of company guidelines and workplace good practices with the offending 
companies.   

The Maltese trade union GWU cooperates with a range of partners, including the Malta 
Employers’ Association and GRTU. The GRTU is actively involved in promoting equality 
and often  cooperates with the trade union. For example, it  was present at a seminar 
organised  by  the  UNHCR  on  integration  of  migrants  at  the  workplace.  As  part  of  this 
seminar, focus groups were held with employers, facilitated by the GRTU.  

The  Spanish  confederation  CCOO  produced  awareness-raising  material,  including  a 
guide  to  trans  people  in  the  workplace,  in  collaboration  with  the  FELGTB.  The  CCOO 
signed a collaboration agreement with FELBTB as far back as 2007 and works with other 
LGBT NGOs at national, regional and local level to maximise the impact on awareness-
raising.  

The  Romanian  trade  union  FSLI,  which  represents  the  majority  of  workers  in  the 
education  sector,  partnered  with  parents’  associations  and  university  departments  to 
support the development of research and studies that were used to produce relevant 
and evidence-based awareness raising material. 

In practices aiming to recruit new members or target a very specific group (among other 
objectives),  external  partnerships  enable  the  establishment  of  long-lasting 
networks that can act as gatekeepers for wider audiences and groups. This was 
the case in the practices from Germany, Austria, Spain and Italy. These partnerships 
appear  to  have  a  mutually  reinforcing  role.  Trade  unions  can  access  hard-to-reach 
groups (e.g.  LGBT groups, migrants), while NGOs have access to a wider network than 
the trade unions and their communication channels. As a result, partner NGOs can reach 
out to employers and raise awareness of different aspects of complex phenomena, such 
as discrimination, which may not be perceived by employers as a pertinent workplace 
issue. 

Several aspects impact on the successful implementation of a partnership. As 
the analysis of the case studies highlighted, enabling factors for successful partnerships 
relate to organisational dynamics, structural factors and interpersonal relationships.  

Organisational  and  structural  factors,  such  as  the  capacity  of  trade  unions  to 
regularly contribute to planned activities with both human and financial resources, was 
identified  as  a  critical  element  for  long-standing  partnerships.  In  cases  where  lack  of 
staff or no clear contact point could be provided, partnerships were limited to one-off 
instances of the parties coming together on an ad hoc basis, or the provision of short-
term support by the trade union.  

The  quality  of  cooperation  intended,  i.e.  providing  a  clear  delineation  of  roles, 
responsibilities  and  agreed  objectives  from  the  start,  was  identified  as  an  essential 
element to ensure the continuation of the partnership. This included the appointment of 
a person in charge of coordination of the practice, with clear responsibilities and clarity 
of  the  role  and  contribution  of  each  partner.  The  alignment  of  aims  and  objectives 
between partners was also reported as essential to maximise the impact of the activity. 
This was particularly the case for awareness-raising campaigns and training where tools 
and  content  needed  to  be  tailored  to  the  needs  of  the  audience.  For  example,  in  the 
case  of  the  French  UNSA  trade  union’s  training  sessions  on  LBGT  discrimination,  the 
effectiveness of the training was enhanced where the training material was tailored to 
the specific needs of trade union members and the workplace environment. 

The mutual recognition of partners’ diverse objectives that may go beyond the 
objectives of the specific practice but are strictly linked to the mission of the partners, 

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and  the  willingness  to  provide  mutual  support,  emerged  as  an  important  element  to 
strengthen  partnerships  and  guarantee  continuity.  This  was  particularly  true  of 
awareness-raising campaigns, or the establishment of networks, where it was reported 
as critical to consider the wider strategic objectives of all partners.  

For example, in the CGIL Office for New Rights practice, NGOs from the LGBT community 
aimed to inform the workers and wider audiences on the wider range of issues faced by 
the  LGBT  community  and  promote  the  rights  of  the  LGBT  community  at  the  political 
level (e.g. in seeking recognition of  same sex marriage). This was a  broader political 
objective,  going  beyond  the  objectives  of  workplace  discrimination  practices. 
Nevertheless, this overarching aim was strongly supported by the trade union. Similarly, 
in the ÖGB’s forum ‘By migrants, For migrants’, the trade union, in addition to improving 
the  workplace  visibility  of  migrant  workers  and  increasing  their  participation  in 
workplace  bargaining  as  elected  workplace  representatives,  contributed  to  other 
activities  with  local  associations.  These  activities  included  supporting  the  social 
integration of migrants through football competitions, cultural events, support in setting 
up local associations, and dissemination events.  

Finally,  although  some  practices  mentioned  no  specific  partnerships,  ad  hoc 
collaborations  were  often  implemented  with  other  trade  unions,  employers, 
associations, public bodies or NGOs. Such collaborations were reported as vital to 
effectively tackle the issue  of discrimination at the workplace, given that it intersects 
with  wider  sociocultural  factors  and  the  social  perception  of  specific  groups  (e.g. 
migrants, religious groups, LGBT people). How and where discrimination occurs is multi-
faceted  and  the  workplace  is  just  one  dimension.  In  order  to  identify  and  address 
discrimination, therefore, it is necessary to understand the everyday challenges faced 
by  groups  that  experience  discrimination  and  the  impact  of  those  challenges  on 
workplace discrimination.

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  Trade union practices and the role of partnerships 

MS 

Trade 
union 

Name of 
practice 

Ground of 
discriminati
on 

Union 
sector 

AT  ÖGB  

Trade union forum 
‘By migrants, For 
migrants’  

Racial/ ethnic 

Cross-
sector 

Partners 

Aim and role of partnership  

Local associations 
working with 
migrant 
communities, 
external experts 

No continuous partnerships but ad hoc collaboration on 
specific topics and for recruitment of migrant workers for 
trade union membership 

BE 

CSC 

Protecting diversity 
of beliefs 

Religion 

Cross-
sector 

No partners 

N/A 

BE 

CSC/ACV, 
FGTB/ABVV, 
ACLVB/CGS
LB 

‘Racism: Game 
Over’ campaign  

Racial/ ethnic 

Cross-
sector 

All cross-sector 
unions, external 
experts 

The practice was initiated as an action where all cross-
sector unions collaborate to maximise participation in 
events and improve impact of awareness-raising efforts. 
External experts provided technical knowledge for 
publications and booklets and carried out a study 

DE 

Yellow Hand 
Association 

National award to 
projects against 
xenophobia and 
racism 

Racial/ ethnic 

Cross-
sector 

DK 

FIU-Equality 

Mentor Programme 
and Booklet on FIU-
Equality training  

Racial/ ethnic 

Cross-
sector 

Political parties, 
training schools, 
main trade union 
federations, 
companies 

To maximise visibility of the award ceremony, a political 
host is selected each year, usually the prime minister of a 
federal entity (Land), collaboration with apprentice 
training schools, companies and all trade union 
federations to reach and recruit young workers to engage 
in preventive actions 

Language schools, 
NGOs working 
with migrants, 
researchers and 
experts on equal 
treatment and 
equality policies 

To implement the Mentor Programme, NGOs and language 
schools helped to recruit migrants and spread information 
about the programme, provide specific assistance to 
individuals. External experts and researchers contributed 
to specific training material that assisted mentors and 
mentees 

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Trade union practices on non-discrimination and diversity 2019 – Follow-up to the 2010 study 

MS 

Trade 
union 

Name of 
practice 

Ground of 
discriminati
on 

Union 
sector 

Partners 

Aim and role of partnership  

ES 

CCOO 

Working Group on 
gender and sexual 
diversity 

Sexual 
orientation/ 
LGBT 

Cross-
sector 

EU 

ETUCE/ETUC
/ILGA 

Statement against 
homophobic bullying 

Sexual 
orientation/ 
LGBT 

Educatio
n 

Member trade 
unions, national 
NGOs and 
associations of the 
LGBT movement, 
local public 
administrations 

International 
association of 
LGBT community - 
ILGA 

Improve streamlining of policy and actions among various 
member trade unions and territorial active unions, LGBT 
associations and local authorities to create a large 
cooperation network able to coordinate and improve its 
strategic reach 

Present initiatives at events in both organisations to 
improve awareness-raising and information on activities 
implemented 

FR 

CGT 

Fighting extreme 
right ideas and 
racism 

Racial/ ethnic 

Cross-
sector 

Trade unions in 
other EU Member 
States 

Cooperation to exchange good practices, campaign cross-
border on common issues and provide mutual support, in 
particular for border regions  

FR 

UNSA 

Training sessions on 
LGBT discrimination 

Sexual 
orientation/ 
LGBT 

Cross-
sector 

External experts, 
national equality 
body, NGO active 
for inclusion in 
companies, with 
focus on LGBT 
people 

The partnerships maximised the technical knowledge to 
develop and provide training and prepare print material to 
raise awareness 

HU 

Liga 
Democratic 
League of 
Independent 
Trade 
Unions  

Events on equality 
and non-
discrimination 

Multiple 

Cross-
sector 

External experts 

Partnerships to provide technical knowledge to deliver 
training, provide training locations and sponsor activities 

IT 

CGIL 

Office for New 
Rights 

Sexual 
orientation/ 
LGBT 

Cross-
sector 

NGOs and 
associations of 
LGBT movement, 
national equality 
body, trade unions 

Improve streamlining of campaigns, provide NGOs and 
associations an entry point for workplace issues, and 
collaborate and exchange knowledge to insert 
rights/benefits in company-level agreements  

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MS 

Trade 
union 

Name of 
practice 

Ground of 
discriminati
on 

Union 
sector 

Partners 

Aim and role of partnership  

MT  GWU 

Equality policy in 
collective bargaining 

Multiple 

Cross-
sector 

National equality 
body, employers’ 
association, 
national ministry, 
chambers of 
commerce, other 
trade unions, 
NGOs working 
with refugees and 
active in the LGBT 
community 

Strategic collaboration with all partners to streamline 
policy framework, improve impact of awareness-raising 
efforts and implement specific actions 

NL 

FNV 

Network Roze (Pink 
Network) 

Sexual 
orientation/ 
LGBT 

PL 

NSZZ 
Solidarność  

Legal counselling 
and support, 
awareness raising 
training for trade 
union members 

Multiple 

Cross-
sector 

Cross-
sector 

No partners  

N/A 

No partners 

N/A 

PL 

OPZZ 

Advocacy and legal 
advice for minority 
workers 

Multiple  

Cross-
sector 

RO 

FSLI 

Department for 
Equality 

Multiple 

Educatio
n 

Civil society 
organisations, 
public entities and 
other trade unions 

Cooperation with European trade unions to organise 
conferences at EU level. Communication with public 
organisations in advocacy work and consultancy, 
cooperation with NGO promoting LGBT rights to organise 
various actions  

Public 
administration, 
trade unions 
based in other EU 
Member States, 
research institutes 

Coordination and implementation of actions, e.g. Code of 
Ethics with public authorities responsible for education 
sector, collaboration with research institutes to develop 
projects and carry out studies, develop training material 
for teachers, international collaboration to learn about 
measures and initiate potential transfer of practices 

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MS 

Trade 
union 

Name of 
practice 

Ground of 
discriminati
on 

Union 
sector 

Partners 

Aim and role of partnership  

SE 

Vision 

‘Workplace for all’ 
campaign  

Multiple 

Cross-
sector 

Employers’ 
associations 

Cooperation to establish common ground on the training 
content and thus improve the streamlining of a training 
tool in companies, organise feedback sessions to improve 
training material 

SI 

SVIZ 

UK 

Equity 

UK 

FBU 

UK  NEU 

Training on 
integration of 
immigrant children 
in education 

‘I can act but I 
won’t pretend’ 

Diversity in fire 
brigades 

PSHE education/ 
RSE curriculum 

Source: ICF 2018 case studies.

Racial/ ethnic 

Educatio
n 

Research 
institutes, trade 
unions from other 
EU Member States 

Collaboration with research institutes and researchers to 
provide technical information for training sessions. 
Collaboration with unions of other Member States to share 
practices and knowledge 

Sexual 
orientation/ 
LGBT 

Racial/ ethnic 

Sexual 
orientation/ 
LGBT 

Audio-
visual 

Firefighte
rs 

Trade unions in 
the same or 
similar sectors 

Coordination on key messages for campaigns, cooperation 
for organisation of events and training, assistance to 
gather improved understanding of issues at the workplace 

No partners 

N/A 

Educatio
n 

External expert 
training partners 

Create high quality training material and reliable 
information on the subject, support in training delivery 

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4 

The achievement and impact of trade unions’ non-
discrimination practices 

Summary of key results  

  Trade  union  practices  had  several  short  and  long-term  impacts.  To  a  large 
extent, the impact of trade union practices is also affected by several enabling 
and hindering contextual factors.  

  Actions had a significant impact on trade unions internally, notably in 
relation to awareness-raising, upskilling of trade union representatives 
and knowledge-sharing of good practices. To achieve long-term impact of 
their practices, some trade unions have established specific equality structures 
within their organisations. These, in turn, have enabled the trade unions to take 
more  structured  and  longer-term  equality-oriented  actions  which  are  also 
embedded in their wider strategies and policy agendas.  

  Trade unions reported increased visibility and greater awareness of the 
equality agenda and discrimination issues among the workforce. Trade 
unions  supported  workers  at  risk  of  discrimination  or  already  experiencing 
discrimination.  Some  trade  unions  also  worked  directly  with  employers  to 
reduce  discrimination  at  the  workplace,  with  a  direct  (positive)  impact  on 
workplace regulations on non-discrimination.  

  Actions at the core of the trade union mandate, such as inclusion of non-
discrimination  clauses  in  collective  agreements  and  lobbying  for 
legislative  action,  allowed  equality  issues  to  be  embedded  into 
company policies and practices.  

  Trade unions influenced the political decision-making process, while non-
discrimination  initiatives  increased  the  visibility  of  discrimination 
issues among the general public and helped to build a broader consensus in 
society at large about the need to tackle all forms of discrimination.  

  Support from senior managers in trade unions is a key success factor, 
together with the versatility/diversity of actions implemented. Important 
external  factors  influencing  the  successful  implementation  of  trade  union 
actions  include  the  supportive  political,  economic  and  legislative  context 
providing a positive environment for trade union action.   

  The  deteriorating  political  climate  in  some  Member  States  is  the  main 
factor hindering trade union actions on non-discrimination. An unfavourable 
legislative  context  also  hampers  such  action.  Budgetary  constraints  are 
the  main  hindering  factor  within  trade  unions  themselves,  which,  in  turn, 
translate  into  limited  human  and  financial  resources  available  for  non-
discrimination actions. Other significant factors are the lack of internal support 
and sensitivity to the issues of non-discrimination and equality. 

4.1  Multiple achievements and impacts 

Multiple and varied achievements and impacts have been identified in the case 
study research. These have been classified (see Table 4.1) by (i) the level of impact 
(internal to the trade union/ workplace level/ wider societal impact), and (ii) the timeline 
of  implementation  and  impact,  distinguishing  between  the  more  immediate  impacts 
from relatively newly implemented practices and more structural impacts from practices 
that have been ongoing for some time.  

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  Overview of the key types of impacts  

Level of 
impact 

Initial impact 

Long-term/ structural impact 

Internal to 
the trade 
union  

Raising awareness, upskilling 
union members, sharing good 
practices:  

France CGT anti-racism campaign 
(ethnicity); 

France UNSA LGBT training 
(sexual orientation);  

Slovenia SVIZ teaching immigrant 
children (migration); 

Spain CCOO Working Group 
(gender, sexual identity); 

Sweden ‘Workplace for All’ 
(multiple) 

Impact at 
workplace 
level  

Raising awareness, increasing 
visibility:  

Belgium ‘Racism: Game Over’ 
(ethnicity); 

Sweden ‘Workplace for All’ 
(multiple) 

UK Equity (sexual orientation)  

Providing focus by establishing equality 
specific structures within the trade unions:  

- 

Italy CGIL Office for New Rights 
(multiple) 

-  Romania FSLI Equality 
Department (multiple) 

-  UK FBU ethnic minority sections 

(ethnicity)  

Raising awareness through training: 
Denmark Equality training (multiple); Poland 
NSZZ Solidarność training (multiple)   
Supporting union members experiencing 
discrimination:  

Poland NSZZ Solidarność legal counselling 
(multiple)  
Drawing political attention: 
ETUCE/ETUC/ILGA declaration on anti-
homophobia at schools (LGBTI)  

Providing visibility for discrimination issues:  

Belgium CSC (religion);  

Netherlands Netwerk Roze (LGBTI); 

UK Equity (sexual orientation)  

Providing support to workers at risk of 
discrimination:  

Denmark Mentoring Programme (migration)  

Improving working conditions through 
collective agreements:  

Malta (multiple);  

UK Equity (sexual orientation)  

Supporting employers to reduce 
discrimination:  

Poland NSZZ Solidarność legal advice for 
collective agreements (multiple)  

Impact at 
wider 
societal 
level  

Raising awareness of political duty bearers: 
Austria ÖGB forum ‘By migrants, For migrants’; 
Italy Office for New Rights  

Increasing visibility among the general public: 

Germany Yellow Hand Association award (racism); 

Spain CCOO Working Group on gender and diversity (gender and sexual 
orientation); 

Sweden ‘Workplace for All’ (multiple) 

Source: ICF 2018 case studies. 

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4.1.1  Internal impacts on trade unions  

The case studies demonstrate several internal impacts of the practices, in particular: 

  Raising awareness, upskilling of union members and sharing good practices;  

  Establishing  specific  equality  structures  within  the  trade  unions,  enabling  the 
trade unions to take more structured, longer term equality-oriented actions that 
are more embedded in their broader strategies;  

  Raising  awareness  among  union  members  and  providing  them  with  support 

through training, legal support and education activities;  

  Drawing political attention to equality and non-discrimination issues. 

The  first  group  of  impacts  relates  to  trade  union  actions  that  have  led  to 
awareness-raising,  upskilling  of  union  members  and  sharing  good  practices 
and that have occurred relatively recently.  

In France, the national anti-racism campaign of the CGT union successfully reached a 
majority of its trade union constituents. The chief successful impact is that the campaign 
managed to establish a debate on racism and the extreme right electorate in companies 
and  gave  CGT  delegates  the  tools  and  arguments  to  counter  hate  speech. 
Communication  of  the  CGT's  activities  through  the  trade  union  newspaper  directly 
informed  members  of  the  most  recent  actions  taking  place.  Following  this 
communication,  the  national  secretariat  received  more  than  100  positive  comments 
and/or questions on the campaigns.  

The campaign impacted certain regions more than others, as the objective was to tackle 
those  areas  where  extreme  right  voters  were  most  numerous.  Specific  examples  of 
impacts  were  mentioned  by  interviewees:  in  the  Northern  France  city  of  Calais,  the 
campaign  and  local  actions  of  the  CGT  eased  relationships  between  migrant  workers 
and their fellow employees, in a particularly tense context; in the Alpes-Maritime region, 
the CGT conducted a specific campaign on the recognition of undocumented workers, 
arguing  that  the  non-recognition  of  these  workers  harmed  the  work  and  salaries  of 
employees. This was particularly difficult, considering the popularity of the extreme right 
party in this region.  

Impact  can  also  be  assessed  by  evaluating  the  number  of  participants  in  events.  For 
instance, the French trade union CGT, in its campaign ‘Fighting extreme right ideas and 
racism’, participated in an international trade union meeting in Strasbourg  on 5 June 
2018,  attracting  100  trade  union  representatives.  The  ‘Festival  against  Racism’ 
organised by the CGT gathered nearly 300 participants throughout the day. 

In France, the UNSA confederation offers its delegates training and tools to tackle LGBT 
discrimination in the workplace. This initiative helps the delegates to deal with situations 
of  alleged  discrimination  at  the  workplace  and  to  be  aware  of  the  legal  protection 
available in such cases. In the short-term, the training has been a success and delegates 
are satisfied with the knowledge acquired. They spread the word within their companies 
and  the  trade  union  itself.  A  direct  impact  can  also  be  identified:  the  regional 
representative of the Occitanie region, who participated in the first training session at 
the  national  level,  requested  a  session  for  the  trade  union  delegates  working  in 
companies  based  in  their  region.  Following  this  request,  the  national  secretariat 
organised  a  training  session  in  Montpellier  in  February  2019.  Representatives  are 
encouraged to promote the training in their regional delegations and to instigate debates 
on LGBT discrimination.  

Following the first training, an ‘LGBT workgroup’ was to be officially created in the union, 
with the aim of developing various tools to put at the disposal of UNSA delegates and 
activists, to upskill them to deal with employees' issues in relation to LGBT rights. The 
mandate and resources of this workgroup will be officially determined during the UNSA 
Congress in April 2019. 

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In  Slovenia,  in  2016-2017,  the  SVIZ  trade  union  in  the  education  sector  organised  a 
series  of  events  to  support  its  members  in  providing  good  quality  education  and 
educational  support  to  the  children  of  migrants.  The  activities  focused  on  providing 
support and sharing good practices between teachers on how best to address the needs 
and teach immigrant children. The key results were increased awareness and visibility 
of  how  best  to  teach  immigrant  children,  sharing  of  best  practices  between  the 
participating teachers and schools, and providing structured support to educators. 

In  Spain,  the  CCOO’s  Working  Group  on  gender  and  sexual  diversity  has  increased 
awareness and knowledge among trade unionists on diversity issues relating to sexual 
and gender. It has increased the level of knowledge among union workers in respect of 
employment discrimination on these grounds. To date, more than 200 trade unionists 
have received training in the issues of gender diversity and sexual orientation, provided 
by the Secretariat for Women of CCOO. This number also includes actual gender equality 
specialists that will expand their role in the future to address gender diversity and sexual 
orientation.  This  number  will  soon  increase,  as  a  new  basic  training  module  is  being 
designed, which will be included in all of the courses offered from the other Secretariats 
of the union. The work of the trade union has also been recognised internationally as 
good practice138.  

In Sweden, since 2016, the Vision union has implemented a series of equality-oriented 
activities. The ‘Workplace for All’ practice is embedded in the broader agenda of Vision, 
supporting equality, diversity and non-discrimination. The practice includes the following 
activities:  

  Short informative educational video about equality and diversity;  

  E-education/training platform ‘Workplace for All’;   

  Detailed guidance for managers and elected representatives on active measures 

to promote diversity and non-discrimination at the workplace.  

No  formal  evaluation  of  the  tools  (e.g.  the  e-education/training  platform)  has  been 
carried out since they were introduced to the public. However, the interview conducted 
with the manager of the practice suggests that, overall, ‘Workplace for All’ and the other 
activities  supporting  diversity  and  equality  at  the  workplace  were  well  received  by 
employers and the general public. 

Vision continuously receives positive feedback from employers, who often feature the 
e-platform  on  their  internal  learning  pages  (workplace  intranet).  The  social  media 
campaign and the widespread use of the platform also increases the visibility of equality 
issues both within the trade union and among the general public. A key direct impact 
among new trade union members is that the training is now a major component of their 
induction process.  

The  second  more-long  term  impact  came  from  establishing  specific  equality 
structures within the trade unions. These, in turn, have enabled trade unions 
to  take  more  structured,  longer  term  and  more  embedded  equality-oriented 
actions that have spilled over into the workplace and wider society.  

For example, in Austria, the ÖGB (OEGB) union has, since 2009, established the trade 
union  forum  ‘By  migrants,  For  migrants’,  which  provides  a  networking  platform  for 
migrant workers in the region. Through representation in the executive management of 
the regional ÖGB structures and the Upper Austria Chamber of Labour, the forum can 
channel the voice of migrant workers at all political levels, as well as at the workplace, 

138 The protocol and guidance drawn up by CCOO (Protocol against sexual and gender-based harassment and 
against harassment based on sexual orientation, gender identity and/or gender expression (Protocolo contra 
el acoso sexual y por razón de sexo y contra el acoso por razón de orientación sexual, identidad de género 
y/o expresión de género) (2016) is referred to as a good practice example in the ILO/UN Women Handbook 
addressing violence and harassment against women and men in the world of work. 

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through networking with works councils and their members. The initiative is ‘peer-to-
peer’ support in that migrant workers help other migrant workers to become politically 
involved and more closely engaged with their local community.  

In Italy, the CGIL (the confederation of trade unions at national level) founded the Office 
for  New Rights (Ufficio  Nuovi Diritti) to address issues  of discrimination against LGBT 
groups and to provide support on issues they may encounter in the labour market and 
beyond. However, over the years, the purpose of its work has expanded to encompass 
the development of a more secular culture in the country.  The office is established by 
the  Italian  trade  union  CGIL,  whose  own  charter  and  principles  reflect  those  of  non-
discrimination and equality. This facilitates the implementation of activities by the Office 
of  New  Rights.  Activities  include  conferences,  training,  support  to  specific  cases  of 
discrimination  in  the  workplace,  and  awareness-raising  campaigns.  The  activities  are 
carried  out  in  cooperation  with  associations  and  organisations  that  focus  on  similar 
topics and share similar principles at national or local level. Over the years, the non-
discrimination  activities  of  the  CGIL  have  contributed  to  the  development  of  political 
debate  around  the  rights  of  minority  groups,  negotiations  of  relevant  policies  and 
legislation,  inclusion  of  relevant  issues  in  collective  bargaining,  and  may  have 
contributed to some relevant cultural developments in the country. Some examples of 
areas of the policy-making process recently impacted by the actions of the trade union 
include the law for the recognition of same-sex unions in Italy (Legge Cirinna), and the 
law  on  self-determination  in  the  context  of  the  new  law  on  end-of-life  medical  care 
(Legge sul biotestamento).   

In Romania, the trade union in the education sector (FSLI) went through the process of 
establishing  a  specific  committee  focused  on  equality  issues  within  its  own  structure. 
The  activities  undertaken  involved  developing  the  initial  concept,  establishing  and 
supporting a specific equality committee and delivering a number of activities focused 
on bringing the equality agenda forward in the trade union. The key result related to 
the establishment of the equality committee, which led to a number of equality-focused 
activities  within  the  organisation,  raising  awareness  of  equality  issues  among  the 
members.  

In the UK, the FBU case study  shows the adoption and implementation of a range of 
union policies, procedures and activities to reflect the ethnic diversity in the union and 
to  ensure  better  recruitment,  retention  and  promotion  of  black  and  ethnic  minority 
members  (B&EMM).  The  key  results  related  to  the  establishment  of  specific  union 
structures, regular activities and noticeable impact on the inclusion of B&EMM in the fire 
service.  

The  third  aspect  of  the  internal  impact  relates  to  raising  awareness  among 
union  members  and  supporting  them  through  training,  legal  support  and 
education activities.  

In Denmark, FIU-Equality (FIU-ligestilling) started its education programmes in 2005. 
The  Booklet  on  FIU-Equality  training  of  elected  union  representatives  provides  an 
overview  of  the  FIU-Equality  activities.  The  union  provides  various  education 
programmes and training on equality, primarily targeting elected union representatives 
(shop stewards). The training enabled shop stewards to acquire greater knowledge  of 
non-discrimination  issues,  which  can  be  applied  in  cases  of  discrimination  at  the 
workplace and promote its prevention. 

Impacts  achieved  through  legal  representation  and  support  for  union  members 
experiencing  discrimination  have  also  been  identified.  In  Poland,  NSZZ  Solidarność 
provides  legal  counselling  and  support  for  unionised  employees  and  non-unionised 
young  people  on  all  types  of  discrimination,  including  on  the  basis  of  racial  or  ethnic 
origin,  religion  or  belief,  sexual  orientation  and  gender  identity.  The  trade  union  also 
provides advice on how non-discrimination provisions should be included in company-
level  documents  (e.g.  collective  agreements,  work  regulations,  etc.).  Each  region  of 
NSZZ Solidarność has a unit that provides legal advice and support to employees. The 

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regions  have  also  training  units  that  offer  training  to  union  members  on  non-
discrimination issues (among other things). 

The number of counselling sessions and training provided on annual basis varies, and 
depends on the region. On an annual basis, three to four training sessions take place in 
each of the regions, covering the issue of discrimination in the workplace. There are no 
studies demonstrating the impact of the practice in terms of raising awareness or the 
number of reported cases of discrimination. However, based on the personal experience 
of  the  trade  union  representatives,  the  inclusion  of  non-discrimination  clauses  in 
collective agreements and work regulations increases awareness of non-discrimination 
issues among employees and employers alike.  

Finally, impacts were identified from the European-level case study in drawing political 
attention to the equality issue. The ETUCE /ETUC/ILGA declaration against homophobia 
in schools, adopted in 2012, provides concrete proof of high-level strategic commitment 
to fighting homophobia in the education sector. The activities included developing the 
initial  policy  statement  and  delivering  a  number  of  activities  focused  on  fighting 
homophobia  in  the  education  sector  at  European  and  national  level.  The  key  result 
related  to  the  adoption  of  a  high-level  strategic  policy  commitment,  which  helped  to 
focus  the  ETUCE’s  European  and  national  level  activities  and  gave  them  more 
prominence and political attention in the work of the trade unions.  

4.1.2  Impact at the workplace level  

Several  types  of  impact  at  workplace  level  were  identified  from  the  case  studies.  In 
particular, trade union action in addressing discrimination has often resulted in:  

  Increased awareness and visibility of the equality agenda and non-discrimination 

issues among the workforce (and, in many cases, employers);  

  Support  for  workers  at  risk  of  discrimination  or  those  already  experiencing 

discrimination;  

  Support for employers to reduce and/or prevent discrimination at the workplace;  

  Improved working conditions of workers at risk of discrimination or those already 

experiencing discrimination through, for example, collective agreements. 

The first type of impact relates to increased awareness and visibility of the equality 
agenda and non-discrimination issues among the workforce.  

Three Belgian trade unions (CSC, FGTB-ABVV, ACLVB CGSLB) joined forces in 2014 to 
tackle racism in society and within the companies of the Brussels-Capital Region. The 
three-year campaign ‘Racism: Game Over’ involved trade union delegates and employee 
representatives in the regional companies  in the development of practices  relating to 
non-discrimination directly in workplaces. Several tools were used to raise awareness, 
including:  

  Seminars, conferences and training sessions on best practices to tackle racism; 

  A survey to analyse the presence of racism in Brussels-based companies; 

  An inter-trade-union Declaration against racism at work, signed by delegates of 

companies participating in the campaign (STIB and the NH hotel group); 

  Creation of Works Councils in ‘Companies against Racism’. 

The campaign was reported as a success, gaining substantial positive media coverage. 
The  survey  conducted  as  part  of  this  campaign  provided  the  first  scientific  basis  to 
statistically assess the presence of racism in companies, which, in turn, helped to foster 
greater  commitment  to  tackling  racism  at  the  workplace.  It  also  informed  the  wider 
public of the frequency of racism issues and created awareness in society generally.  

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In Belgium, since 2010, the CSC’s committee on diversity has implemented a series of 
initiatives aimed at tackling religious discrimination. The committee considers religion 
one of the primary grounds for discrimination in Belgium, thus one of its priorities is to 
encourage a debate around religion in the workplace and to raise awareness of religion 
as  an  important  dimension  of  diversity.  The  CSC  developed  different  tools,  such  as 
campaigns  to  raise  awareness  of  religious  diversity,  training  sessions  on  religious 
symbols  and  leaflets  to  support  delegates  confronted  with  a  case  of  religious 
discrimination in a company. Activities also included the organisation of conferences and 
‘study days’ (journées d’études) on religious discrimination, as well as negotiations with 
employers to find a compromise between religious practices and working environment 
norms.  

Key  results of the practice are increased discussion of religious discrimination among 
delegates  of  the  CSC  and  within  companies.  Workers,  trade  union  delegates  and 
employers  have  gained  knowledge  and  understanding  of  different  religions  and  their 
practices. The number  of participants in the training sessions,  conferences and  study 
days  demonstrates  that  employee  representatives  are  faced  with  these  issues  in 
companies and seek to understand the place of religion in employment. The CSC was 
also able to negotiate directly with some employers, allowing employees more flexibility 
to practice their religion during working hours. 

In Spain, the work of CCOO’s Working Group on gender equality and sexual  diversity 
contributed to increased awareness among employers with regard to the labour rights 
of their LGBT employees. 

In the UK, one of the main long-term benefits identified by the Equity union of its work 
on  equality  issues  is  greater  awareness  of  these  issues  in  the  sector,  specifically  the 
high  levels  of  harassment  and  the  negative  impact  on  all  aspects  of  work  in  the 
entertainment sector. For example, it was reported that people are more aware of the 
vulnerability of workers and the impact of discrimination on other employment practices 
(i.e.  workers  in  vulnerable  positions  are  more  likely  not  to  report  harassment  and  to 
accept less favourable working conditions). 

The  second  type  of  impact  relates  to  trade  unions  supporting  workers  at  risk  of 
discrimination or those already experiencing discrimination and assisting them 
through the process.  

In Denmark, FIU-Equality (FIU-ligestilling) implemented its Mentor Programme in 2016. 
It was set up for refugees coming to Denmark, who are interested in working in sectors 
covered by the union. It contributes to their integration in the labour market and ensures 
similar  wages  and  working  conditions  for  refugees.  In  the  course  of  the  Mentor 
Programme, FIU-Equality offers various activities for both mentors and mentees, such 
as  training  sessions/courses  and  conferences.  The  Mentor  Programme  resulted  in  a 
greater connection of  migrant workers to the labour market,  enhanced conditions for 
these workers, and increased knowledge of their rights. 

In  the  Netherlands,  Netwerk  Roze  FNV  collects  and  disseminates  good  practices  and 
supports LGTBI+ members directly through a centre where LGTBI+ people experiencing 
difficulties at the workplace because of their gender identity can receive expert advice 
and support. 

The OPZZ has helped to set up a trade union to represent Ukrainian workers in Poland 
and to defend their rights. In addition, the OPZZ Confederation funds legal advice and 
counselling for unionised and non-unionised migrant workers. The activities of the OPZZ 
Confederation  include  advocacy,  awareness-raising  of  problems  faced  by  migrant 
workers in the Polish labour market and legal support from labour lawyers.  

impact  can  be  seen  from  supporting  employers  to  reduce 
A  clear 
discrimination.  In  Poland,  NSZZ  Solidarność  provides  advice  on  how  non-
discrimination  provisions  should  be  included  in  company-level  documents  (collective 
agreements, work regulations, etc.). 

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In  Sweden,  since  2016,  the  Vision  union  has  implemented  a  series  of  activities 
supporting equality, diversity and non-discrimination. The interview conducted with the 
owner of the practice suggests that, overall, ‘Workplace for All’ and the other activities 
supporting  diversity  and  equality  at  the  workplace  were  well-received  by  employers. 
Indeed,  Vision  continuously  receives  positive  feedback  from  employers,  who  often 
feature its e-education/training platform on their internal learning pages. 

In the UK, the Equity union has worked with those employers’ organisations not covered 
by  collective  agreements  to  raise  awareness  of  the  need  to  tackle  all  forms  of 
discrimination and harassment in the entertainment sector and to embed good practices 
and guidelines in their internal policies. An important entry point is workers who report 
cases to the unions, through which the union tries to collaborate with the employer to 
raise awareness and introduce guidelines on workplace practices.   

Finally,  the  actions  of  trade  unions  have  improved  the  working  conditions  of 
workers at risk of discrimination or those already experiencing discrimination 
through  the  core  action  of  the  trade  union  movements,  namely  collective 
agreements.  This  has,  in  turn,  allowed  for  equality  issues  to  be  embedded  into 
company  policies  and  practices,  and  improved  the  legal  situation  in  relation  to  non-
discrimination. Trade union action in this field has also contributed to improved working 
conditions for workers experiencing discrimination or those at risk of discrimination.  

Tn  Belgium,  the  CSC  has,  since  2010,  implemented  a  series  of  initiatives  aimed  at 
addressing religious discrimination at work. It has been able to negotiate directly with 
some  employers,  allowing  employees  more  flexibility  to  practice  their  religion  during 
working hours. 

In Italy, the CGIL’s Office for New Rights has been quite active in promoting equality 
and non-discrimination at the workplace (and beyond). In addition, over the years, the 
non-discrimination activities of the CGIL have contributed to the negotiations of relevant 
policies  and  legislation,  and  inclusion  of  relevant  issues  in  the  collective  bargaining 
process.  

In  Malta,  the  efforts  of  the  GWU  were  translated  into  the  implementation  of  law  and 
good practices at the workplace. Significant legislative changes have been adopted in 
the area of equal treatment since 2013. For instance, all workplaces where the union is 
recognised have reportedly implemented the legislation on equal pay for work of equal 
value. Everybody  receives the  same  remuneration based on  their work, regardless  of 
their  sexual  orientation,  gender  identity,  ethnicity,  etc.  As  the  GWU  representative 
highlighted, legislation has changed in relation to other topics, e.g. the recognition of 
transgender  people  and  the  right  to  same-sex  marriage.  Malta  was  among  the  first 
countries to implement such measures. The ultimate goal of the trade union is to ensure 
equal treatment for everybody, based solely on the value of their role. In that sense, 
collective agreements have helped to realise this ambition. 

In the Netherlands, Netwerk Roze is making a difference nationally and internationally. 
Nationally, its ‘Rainbow Checklist’ of guiding principles is helping workplaces to become 
more  LGBT-friendly  by  ensuring  that  collective  agreements  take  into  account  factors 
pertinent  to  the  workplace  and/or  labour  market  integration  and  inclusion  of  LGBT 
people. Netwerk Roze tries to change attitudes, perceptions and views of LGBT workers 
by  influencing  influencers,  e.g.  the  FNV  members’  parliament,  which  is  involved  in 
collective labour agreement negotiations, as well as international organisations. 

In Spain, the CCOO’s Working Group on gender and sexual diversity has promoted the 
inclusion of clauses relating to sexual and gender identity diversity in various collective 
and labour agreements, with seven successful such negotiations.  

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4.1.3  Impact at the wider societal level  

At the wider societal level, trade union non-discrimination and diversity practices had a 
clear impact on: 

  Influencing  the  policy  makers,  duty  bearers  (i.e.  people,  groups,  organisations 
who have an obligation or responsibility to respect, promote and realise human 
rights) and multipliers to take action on discrimination issues.  

  Raising awareness of discrimination issues among the wider public. 

The  first  group  of  impacts  relates  to  trade  unions  influencing  political  decision-
makers,  duty  bearers  and  multipliers  so  that  they  become  aware  of 
discrimination  issues  and,  as  a  result,  are  motivated  to  take  action.  This,  in  turn, 
leads  to  shifts  in  the  political  debate  and  policy  agenda  and  adoption  of  new  laws  or 
changes to the existing legislation, thus furthering the equality agenda for all.  

In Austria, the work of ÖGB through the forum ‘By migrants, For migrants’ has provided 
visibility  to  migrant  workers  in  Upper  Austria  (Land  level)  in  both  the  ÖGB  executive 
committee  and  the  Land’s  Chamber  of  Labour,  helping  them  to  contribute  to  the 
integration debate by emphasising the priorities of migrant workers. As well as being a 
good framework for amplifying the voices of migrant workers, it helps to mobilise people 
on specific topics and provides access to key political actors at regional level, as well as 
to  additional  resources  (advisory  services  or  training  provision,  etc).  Having  migrant 
workers participate in the elections of the Chamber of Labour was important in terms of 
setting political priorities most relevant to their integration.  

In  late  2018  and  early  2019,  the  forum  prepared  the  campaign  for  the  March  2019 
elections of the Chamber of Labour, where forum members hope to win at least five to 
six  seats  again.  This  helps  to  create  better  links  between  issues  relating  to  migrant 
integration on the shop floor (through the works councils in companies), relevant issues 
addressed by the advisory services, and topics discussed in the forum, and to highlight 
those links at the highest political level in the Land (region), including the Chamber of 
Labour. Being a member of the Chamber of Labour opens access to additional resources 
(e.g. legal advice) which is useful in advising migrant workers on a more informal basis 
through forum members’ workplaces.   

In  Italy,  the  non-discrimination  activities  of  the  CGIL’s  Office  for  New  Rights  have 
contributed to the development of political debate about the rights of minority groups 
and  negotiation  of  policies  and  legislation.  They  may  also  have  contributed  to  some 
relevant  cultural  developments  in  the  country.  Some  example  of  recent  policy  areas 
affected by the actions of the trade union include the law for the recognition of same-
sex unions in Italy (Legge Cirinna), and the law on self-determination in the context of 
the new law on end-of-life medical care (Legge sul biotestamento).   

The second area of impacts relates to raising public awareness of discrimination. 
This  helps  to  increase  the  visibility  of  particular  issues  across  the  general 
population  and  build  a  broader  societal  consensus  on  the  need  to  tackle  all 
forms of discrimination.  

In Germany, the Yellow Hand Association hosts an annual awards ceremony to recognise 
a  project  initiated  by  young  workers  and  apprentices  to  tackle  discrimination  at  the 
workplace  and  promote  diversity  and  equal  opportunity.  Over  the  past  10  years,  the 
competition  has  garnered  a  significant  number  of  entries.  Politicians  are  asked  to 
present the prize to successful project participants, heightening political visibility and 
public  recognition  of  the  voluntary  engagement  of  young  people  in  the  fight  against 
racism and discrimination. It also serves to attract more media attention and publicity, 
giving the competition greater visibility nationwide.  

In Spain, the work of the CCOO’s Working Group on gender and sexual diversity has led 
to an increase in general social awareness of diversity and furthered the possibility for 

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people with diverse sexual orientations and gender identities to work in all employment 
fields without facing discrimination. 

In Sweden, since 2016, the Vision union has implemented a series of equality activities. 
Overall, its ‘Workplace for All’ (and the other activities supporting diversity and equality 
at the workplace) have been well-received by the public. Its social media campaign and 
the widespread use of  its e-education/training platform  also increases  the visibility of 
equality issues, both within trade unions and among the general public. 

4.2  Success factors for achievement 

Similarities and patterns can be identified among the success factors presented by the 
interviewed  trade  unions.  These  factors  can  be  clustered  according  to  whether  they 
relate  to  internal  aspects  of  the  trade  unions,  or  to  the  external  environment.  For 
internal aspects, the major success factors are:  

  Providing support for the practice within the trade union, including support from 
senior  management  (10  cases:  BE,  DK,  EU  (ETUCE/ETUC/ILGA),  Italy  (CGIL), 
SE, NL, PL, SI, UK (Equity and FBU)) and the official commitment of the trade 
union to combat discrimination (two cases: BE (CSC) and EU (ETUC)); 

  Ensuring  that  the  actions  implemented  are  sufficiently  diverse,  flexible  and 
effective  in  terms  of  reaching  the  target  groups  and  achieving  the  intended 
outcomes in combating discrimination (8 cases: BE (both cases), DE, FR (UNSA), 
EU (ETUCE/ ETUC/ILGA), PL, RO, SE);  

  Ensuring sufficient funding is available for sustained action against discrimination 

(four cases: AT, SE, BE (both case studies)). 

Externally,  the  key  success  factor  was  the  supportive  political,  economic,  and 
legislative climate, which provided a positive environment for the trade union 
actions on non-discrimination. This was identified in the cases from Denmark, Malta, 
Sweden, Slovenia and the UK.  

Table  11  below  summarises  the  principal  factors  that  supported  the  impact  and 
effectiveness of the practices. The key types of factors are then analysed individually. 

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  Main success factors influencing the impact and effectiveness of trade unions’ non-discrimination practices 

Internal 

External 

MS 

Trade 
union 

Name of 
practice 

Manage
ment 
support 

Official 
commitme
nt 

Dedicate
d 
structure 

Enthusia
stic staff 

Good 
coopera
tion 

Versatil
e 
actions 

Success
ful 
method
s 

Sufficie
nt 
funding 

Positive 
political 
context 

Supportive 
legislation 

Internal 
support 

AT 

ÖGB 

Trade union 
forum ‘By 
migrants, For 
migrants’ 

BE 

CSC/ACV, 
FGTB/AB
VV, 
ACLVB/C
GSLB 

‘Racism: Game 
Over’ 
campaign 

BE 

CSC 

Protecting 
diversity of 
beliefs 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

DE 

Yellow 
Hand 
Associatio
n 

National award 
to projects 
against 
xenophobia 
and racism 

✓ 

DK 

FIU-
Equality 

Mentor 
Programme 
and Booklet on 
FIU-Equality 
training 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

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MS 

Trade 
union 

Name of 
practice 

Manage
ment 
support 

Official 
commitme
nt 

Dedicate
d 
structure 

Enthusia
stic staff 

Good 
coopera
tion 

Versatil
e 
actions 

Success
ful 
method
s 

Sufficie
nt 
funding 

Positive 
political 
context 

Supportive 
legislation 

Internal 
support 

Internal 

External 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

ES 

CCOO 

Working Group 
on gender and 
sexual 
diversity 

EU 

ETUCE/ 
ETUC/ILG
A 

Statement 
against 
homophobic 
bullying 

Training 
sessions on 
LGBT 
discrimination 

Fighting 
extreme right 
ideas and 
racism 

Events on 
equality and 
non-
discrimination 

FR 

UNSA 

FR 

CGT 

HU 

Liga 
Democrat
ic League 
of 
Independ
ent Trade 
Unions 

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MS 

Trade 
union 

Name of 
practice 

Manage
ment 
support 

Official 
commitme
nt 

Dedicate
d 
structure 

Enthusia
stic staff 

Good 
coopera
tion 

Versatil
e 
actions 

Success
ful 
method
s 

Sufficie
nt 
funding 

Positive 
political 
context 

Supportive 
legislation 

Internal 
support 

Internal 

External 

IT 

CGIL 

Office for New 
Rights 

✓ 

✓ 

✓ 

✓ 

MT 

GWU 

Equality 
policies in 
collective 
bargaining 

NL 

FNV 

Network Roze 
(Pink Network) 

✓ 

PL 

OPZZ 

PL 

NSZZ 
Solidarno
ść 

Advocacy and 
legal advice for 
minority 
workers 

Legal 
counselling 
and support, 
awareness-
raising training 
for trade union 
members 

✓ 

RO 

FSLI 

Department for 
Equality 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

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MS 

Trade 
union 

Name of 
practice 

Manage
ment 
support 

Official 
commitme
nt 

Dedicate
d 
structure 

Enthusia
stic staff 

Good 
coopera
tion 

Versatil
e 
actions 

Success
ful 
method
s 

Sufficie
nt 
funding 

Positive 
political 
context 

Supportive 
legislation 

Internal 
support 

Internal 

External 

SE 

Vision 

‘Workplace for 
All’ 

SI 

SVIZ 

Training on 
integration of 
immigrant 
children in 
education 

✓ 

✓ 

UK 

FBU 

Diversity in fire 
brigades 

✓ 

UK 

NEU 

PSHE 
education/RSE 
curriculum 

UK 

Equity 

‘I can act but I 
won't pretend’ 

✓ 

Source: ICF 2018 case studies.

✓ 

✓ 

✓ 

✓ 

✓ 

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4.2.1  Key internal success factors 

The  most  important  internal  success  factors  are  strong  trade  union  management 
support; and official commitment of the union to combat discrimination, backed up by 
dedicated  structures  and  staff  committed  to  addressing  and  implementing  non-
discrimination actions.  

The  importance  of  union  management  support  is  demonstrated  in  the  following 
cases. 

In Austria, the initiative by the ÖGB union has benefitted from the financial and political 
support provided by the trade union’s regional management. Similarly, in Germany, the 
Yellow Hand Association initiative was successful due to the support of the DGB trade 
union confederation and its member trade unions, as all are involved and linked to the 
work  of  the  association.  In  the  UK  FBU  case,  the  union  leadership  has  been  very 
supportive  of  the  creation  of  the  B&EMM  section  and  subsequent  development  of  its 
activities. This support has been critical in embedding a positive equality agenda across 
the union’s work. The same can be said of the UK Equity union, where the work strands 
of its non-discrimination and harassment activities are embedded within the overall work 
of  the  trade  union.  Another  essential  factor  in  driving  these  types  of  activities  is  the 
prioritisation of these issues by the trade union.  

In Spain, the CCOO’s Working Group on gender and sexual diversity has benefitted from 
‘the commitment and conviction of the organisation at the confederal level’ which, since 
2017,  has  focused  on  discrimination  on  the  grounds  of  sexual  orientation,  gender 
identity and expression. In Slovenia, the work of the SVIZ union on immigrant children’s 
education was similarly supported by the union leadership. This support ensured that 
effective  approaches  to  teaching  migrant  children  are  widely  shared  among  union 
members and other educators.  

In Italy, the establishment and continued work of the CGIL’s Office for New Rights was 
the result of management support (and within the trade union more broadly) and the 
high priority given to issues of discrimination against LGBT groups.  

Similarly, in the Netherlands, the key success factor for Netwerk Roze is support from 
the  trade  union.  As  the  largest  organisation  of  trade  unions,  the  FNV  can  instigate 
change in the fight against discrimination of LGTBI+ employees. The FNV’s commitment 
is  evident  from  its  dedicated  officer  for  diversity,  its  continued  financial  support  for 
Netwerk Roze, as well as the endorsement of the ‘Rainbow Checklist’ by its members’ 
parliament. The Checklist, in particular, has enabled Netwerk Roze to make a tangible 
difference, as it can be used in collective bargaining. 

In addition to management commitment, the official commitment of the union to 
address discrimination issues is also a key success factor.  

For  example,  in  Belgium,  the  success  of  the  CSC's  initiative  in  tackling  religious 
discrimination lies  predominantly in its  official engagement  of  2015,  during  the  trade 
union Congress. The CSC openly declared its opposition to the ban on religious symbols 
at work through the inclusion of line 59 in the Congress document139. This declaration 
was collectively discussed by the CSC at national level, thus becoming the official line 
of union. 

At  the  European  level,  the  joint  ETUCE/ETUC/ILGA  statement  demonstrates  the 
importance of a joint commitment from the two key European-level trade unions, cross-
sectoral and sectoral, which, together with a major international NGO, provides a high-
level strategic gravitas to the statement.  

139 Line 59 of the CSC Congress document states the following: ‘Nous accentuons nos efforts en faveur de 
diversité  en  s'opposant  à  chaque  interdiction  des  symboles  religieux  ou  idéologiques  ou  à  l'imposition  de 
certaines  consignes  vestimentaires,  les  exceptions  peuvent  être  discutées  dans  le  cadre  du  règlement  de 
travail s'il y a une justification objective et raisonnable.’  

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Having  a  dedicated  structure  within  the  union  to  address  equality  issues  has  been 
found to be a key success factor in several case studies.   

The experience of the Austrian forum ‘By migrants, For migrants’ shows the importance 
of internal structures, as the network of workers with migrant backgrounds could quickly 
be mobilised for more concrete actions and events, as needed.  

In  Belgium’s  joint  trade  union  action  ‘Racism:  Game  Over’,  one  of  the  key  success 
factors  related  to  the  existence  of  a  Diversity  Committee  in  each  trade  union,  and  a 
person dedicated to the campaign at regional level. This allowed the organisations to 
communicate effectively and organise the events and other actions that formed part of 
this project. It also supported the actions of delegates in companies, as a ‘contact point’ 
was available and responsive in each trade union.   

In Spain, the establishment of the Working Group on gender and sexual diversity by the 
CCOO has ensured that diversity issues are included in the Secretariat and incorporated 
into the union’s agenda. As pointed out, ‘nowadays, these issues are addressed not only 
in the Secretariat, but in any body or forum within the union, from those dealing with 
collective bargaining to management committees’. Likewise, some of the organisations 
that form CCOO have institutionalised these issues by including them in their statutes, 
as in the case of the sectoral Federation of Teaching. The impact of dedicated structures 
is also evident in the Italian and Romanian case studies.  

The Slovenian trade union underlined that having an ‘equality committee’ dedicated to 
equality issues was helpful in ensuring the union's continued attention to equality issues. 
Organisations with formal structures - such as an equality committee or equality unit 
are better at prioritising discrimination topics on their political agendas. Having a formal 
structure  dedicated  to  equality  issues  prompts  the  union  to  pay  serious  attention  to 
equality issues and raises awareness internally. Trade unions with formal equality bodies 
or structures created to tackle discrimination reported fewer communication difficulties 
internally.   

Another important success factor is the ‘human’ aspect, i.e. having enthusiastic and 
committed union staff implementing a wide range of actions to promote equal 
treatment and non-discrimination at the workplace and beyond.  

For example, in Italy, a key success factor for the partnership is the commitment and 
hard work of the trade union staff working in the CGIL’s Office for New Rights. It was 
acknowledged that the passion, sensitivity, open-mindedness and commitment of the 
management and personnel in the Office were all key drivers in implementing activities 
at national and local level. This commitment and sensitivity to the topic of LGBT parental 
rights  was  not  to  be  taken  for  granted  in  other  departments  of  the  trade  union.  The 
human factor, together with building personal relationships, was a crucial element for 
the success of the partnership. 

Similarly, in Belgium, union delegates were directly involved in the ‘Racism: Game Over’ 
campaign and actively contributed to its success, in line with the 'bottom-up' approach 
adopted by the unions. Events were organised to brainstorm and debate best practices 
in  tackling  racism  at  work  and  videos  were  published  to  share  experiences,  etc. 
Interviewees  underlined  that  trade  union  delegates  were  the  real  'owners'  of  this 
campaign as they oversaw the implementation of  relevant actions in companies. This 
responsibility for relevant action at the workplace contributed to its success. Action at 
company  level  was  considered  particularly  important  because  the  trade  unions  are 
multi-sectoral, thus the heterogeneity of work situations in which racism appears could 
not have been properly tackled at regional level. 

The success of the CCOO’s Working Group in Spain can be attributed primarily to the 
commitment  and  expertise  of  its  members.  Interviewees  report,  ‘It  has  also  been 
essential  that  some  of  the  people  who  compose  the  group  are  LGBTIQ’,  thus  their 
involvement  in  the  activities  that  most  concern  them  means  that  their  opinions  and 
needs regarding sexual orientation and gender identity-related issues at the workplace 

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are  also  taken  into  account.  For  example,  the  union’s  guide  ‘Trans  people  in  the 
workplace: guide to the transition process’ was prepared with the input of transgender 
people of CCOO. They stressed that, ‘the personal involvement of the members of the 
WG, who have in-depth knowledge and long experience in this field of action, has been 
of capital importance’. 

Similarly,  in  Romania,  the  key  success  factor  was  the  proactive  approach  and  strong 
commitment of those promoting the idea of an Equality Department in the FSLI union. 
Without this strong staff commitment and ‘push’, it would have been difficult to bring 
about organisational change in the union, especially in the context of scarce resources 
and  other  pressing  priorities.  The  proactive  approach  was  also  key  to  attracting 
significant amounts of external funding, allowing specific activities to be delivered that 
demonstrated  the  tangible  benefits  of  the  equality  agenda  to  union  members  and 
leadership. 

The  second  group  of  success  factors  rely  on  having  a  good  and  extensive  level  of 
cooperation with external partners.  

A very good example of partnership is the ‘Racism: Game Over’ campaign, which was 
jointly delivered by three Belgian trade unions. The principal success factor here lay in 
the trade unions' cooperation, which helped to develop a comprehensive approach for 
trade union delegates in companies to tackle racism at work. Despite some difficulties, 
the creation of Works Councils against racism in the STIB and NH hotel group would not 
have  been  possible  without  the  collective  efforts  of  union  delegates  from  different 
organisations.  The  three  trade  unions’  different  political  orientations  and  convictions 
were put aside to collectively tackle racism and uphold a common belief: no one should 
be discriminated against on the basis of their ethnic background. 

The  joint  ETUCE/ETUC/ILGA  statement  also  shows  the  value  of  partnership.  The 
statement represents a joint commitment of the two key European-level trade unions, 
cross-sectoral and sectoral, as well as a major international NGO, lending a high-level 
strategic gravitas to the statement. 

The  Austrian  initiative  from  the  ÖGB  union  shows  the  importance  of  networking  with 
other regional associations and anti-racism NGOs, for example participating and jointly 
organising local events to reach out to (migrant) workers who are not yet members of 
a trade union but who wish to get involved. 

In Denmark, close partner  collaboration contributed to  the successful implementation 
of  the  FIU-Equality  Mentor  Programme.  For  example,  FIU-Equality  benefited  from  its 
partnership with NGOs specialising on migrants in the labour market by building on their 
existing knowledge and outreach capacity.  

In Malta, the success of the GWU in using collective agreements to further the equality 
agenda was achieved through a good level of communication and cooperation between 
the different stakeholders, including a collaborative relationship with employers and the 
government.  This,  in  turn,  helped  to  ensure  both  the  effective  implementation  of 
practice and the close involvement of all relevant parties. 

In  Poland,  the  OPZZ  reported  positive  cooperation  with  civil  society  organisations  in 
their advocacy and legal advice practices. For instance, their cooperation with human 
trafficking organisations allowed the union to provide support in the most extreme cases 
of exploitation of migrant workers. 

A third group of success factors relates to the nature of activities implemented by 
trade unions,  which  are typically  most  successful  when they are diverse  and 
flexible and use methods that have proved effective in addressing discrimination. 

In  the  joint  ETUCE/ETUC/ILGA  statement,  in  particular,  success  related  to  the  broad 
nature of the statement, which covered discrimination at schools, workplaces and within 
society,  allowing  it  to  be  applied  widely  and  to  cover  the  various  aspects  of  LGBTI-
related discrimination. The statement usefully covered several aspects, both at the level 

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of  school  materials,  curricula  and  teacher  training,  as  well  as  directly  addressing 
discrimination  experienced  by  teachers  and  students.  The  teacher  training  aspect  is 
considered particularly important, especially in terms of the initial teacher training. 

In Belgium, both case studies show the importance of the varied nature of actions. In 
the  ‘Racism:  Game  Over’  campaign,  the  types  of  actions  were  very  versatile.  For 
example,  the  campaign  included  a  declaration  against  racism,  the  creation  of 
committees (Works Councils) against racism, a survey of trade union representatives' 
experiences  of  racial  discrimination  in  companies,  associated  research  into  racism  at 
work,  etc.  In  the  joint  religious  diversity  action,  many  relevant  training  topics  and 
sessions are proposed, dealing with different issues related to religion at work. These 
included the question of religion in public services,  religious symbols and practices at 
work, diversity of beliefs, and even religious radicalisation. The practices were initiated 
at  different  levels,  either  regional  or  sectoral,  allowing  specific  action  to  be  taken  to 
protect religious diversity where needed. The reporting duty to the national board of the 
CSC also allows for improved coordination of actions. 

In  Germany,  the  Yellow  Hand  Association’s  initiative  benefitted  from  a  clear  online 
presentation of the work, clear positioning on non-discrimination and diversity issues, 
and  regular  updates  on  projects  implemented  and  ad  hoc  services  provided.  The 
newsletter is regularly disseminated to a large number of trade union activists to keep 
them informed and provide them with updated information about the work of the Yellow 
Hand Association’s activities. 

In France, training on LGBTI issues was successful due to its format, which used a non-
profit  organisation  and  a  legal  advisor  (the  equality  body)  to  provide  trainees  with  a 
comprehensive picture of LGBT discrimination in the workplace. The main success factor 
identified by the UNSA was the openness of the debate and the possibility of discussing 
personal stereotypes. 

Finally, a number of  cases identified the presence  of  sufficient funding as a  critical 
success factor. For example, in the joint trade union action ‘Racism: Game Over’, the 
budget allocated by Belgium regions to the Diversity Committees allowed for effective 
implementation of the practices. In Sweden, the Vision union’s actions were successfully 
supported by dedicated financial and human resources from its annual budget.  

4.2.2  Key external success factors 

External factors also have a key role in underpinning the success of trade union non-
discrimination and diversity initiatives.  

One  such  factor  is  the  positive  political  context  and  the  strong  social  dialogue 
context surrounding the trade union action.  

In  Denmark,  for  example,  the  success  of  the  Mentor  Programme  can  largely  be 
attributed to a policy priority in Denmark that targeted the integration of refugees into 
the labour market. Secondly, the growing economy also facilitated the implementation 
of the programme. 

In Germany, the success of the Yellow Hand Association’s initiative increased when the 
format was updated to incorporate political patronage in terms of hosting the awards 
ceremony. This increased the visibility of the prize and gives more prestige to the award. 
It also contributes to public recognition of the volunteering and engagement of young 
people whose projects are entered in the competition.  

In the UK FBU case study, the work of the B&EMM section prospered under the former 
Labour  government,  which  actively  promoted  the  positive  equality  agenda  through  a 
range  of  legislative  and  non-legislative  activities.  This  has  been  reversed  since  2010, 
when first the Coalition Government and now the current Conservative government paid 
less attention to the promotion of the equality agenda. 

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In Slovenia, the success of the SVIZ union’s work on the education of immigrant children 
was  also  connected  to  political  support.  Initially,  the  Education  Ministry  did  not 
acknowledge the seriousness of the issue or the need to support teachers in this area. 
However, the events organised by the union and the associated engagement helped to 
change the attitude of the Education Ministry. It has since been motivated to act, now 
that it is far more aware of the need for action and good practices in this area. Indeed, 
the Ministry is now close to adopting a formal strategy that would set out a systematic 
approach to the integration of immigrant children. 

A  second  important  external  factor  has  been  a  supportive  legislative  context.  A 
number of cases highlight this aspect and how it affected the successful implementation 
of the unions’ practices.  

In Denmark, equal treatment legislation has enabled the successful implementation of 
programmes to prevent discrimination and unequal treatment. The legislation includes 
laws such as: (i) Act on Equal Opportunities of Men and Women on the Labour Market; 
(ii)  Law  on  Equal  Treatment  on  the  Labour  Market;  and  (iii)  Act  on  Prevention  of 
Discrimination on the Labour Market.  

In Malta, the work  of the GWU on  widening collective agreements to include equality 
issues  has  been  largely  supported  by  the  implementation  of  labour  law  and  specific 
legislative acts on equality issues.  

The  importance  of  a  supportive  legislative  context  is  also  evident  in  the  case  of  the 
Spanish CCOO’s Working Group on gender and sexual diversity. Spain’s  regulation on 
same-sex marriage140 facilitated more rapid progress of the union’s work, as it promoted 
and  safeguarded  some  rights  that  do  not  then  need  to  be  negotiated.    Such  rights 
include marriage leave for people who marry someone of the same sex, under the same 
conditions as those in heterosexual marriages. 

Finally,  a  number  of  trade  unions  highlight  the  importance  of  European  and 
international aspects in achieving success.  

This was one of the critical success factors in Poland, in the NSZZ Solidarność experience 
in  providing  support  to  its  members.  The  accessibility  of  case-law  across  EU  allows 
lawyers to build on the experiences of other Member States and thereby better support 
individual  employees.  EU  umbrella  organisations  similarly  facilitate  the  exchange  of 
good practice with other European trade unions. This is particularly helpful in the case 
of new types of discrimination cases in Poland, e.g. on the grounds of religion, ethnicity 
and belief. 

The Netherlands’ Netwerk Roze initiative also points to the importance of support from 
international  organisations.  These  allows  for  workplace-related  improvements  for 
LGTBI+  people  around  the  world  and  thus  improve  the  employment  situation  of  all 
LGTBI+  people.  This  has  helped  to  move  the  global  starting  point  (i.e.  combating 
discrimination)  of  those  countries  currently  furthest  away  from  inclusion  closer  to 
integration  and,  ultimately,  a  situation  where  LGTBI+  are  fully  accepted  at  the 
workplace and in society. 

140  Law  13/2005  of  1  July  2005  amending  the  Civil  Code  on  the  Right  to  Marry.Available  at: 
https://bit.ly/2hdPTIX  

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4.3  Factors hindering trade unions actions  

Austerity  measures  translating  into  cuts  in  public  spending  and  public 
employment,  tax  increases,  and  reforms  in  labour  law  and  collective 
bargaining in response to the economic recession after 2009 had various impacts on 
trade unions and their non-discrimination and diversity actions141: 

  Changes with regard to bargaining levels – a decentralisation trend was reported, 
to  decentralised 

from  centrally  coordinated  multi-employer  bargaining 
negotiations at workplace level.  

  Derogation  clauses  in  cross-sectoral  and  sectoral  agreements,  allowing 

bargaining to agree wage levels lower than those set at sectoral level. 

  Changes in reach and continuity of collective bargaining agreements (extension 

mechanism and continuation of expired agreements). 

  Freezing and/or decrease of statutory minimum wages and changes in the criteria 
into  account  when  setting  sector-level  minimum  wages  (e.g. 
taken 
competitiveness  and  other  labour  market  criteria);  public  sector  employees 
particularly affected by pay freeze and/or decrease142. 

  Pressure  to  adapt  indexation  of  wages  and  wage-setting  mechanisms  coming 

from the EU level to the European Semester review cycle. 

  General  decline  of  collective  bargaining  agreements  after  the  economic  crisis, 
with a tendency for less coverage of the workforce, shorter duration agreements 
and reported delays in reaching agreement in some countries. 

  Stagnation  of  modernisation  of  underdeveloped  industrial  relations  systems  by 
further  formalising  or  extending  it  in  central  public  administrations.  In  some 
countries,  reforms  of  industrial  relations  have  restricted  trade  union  activities 
(HU), or restricted collective bargaining processes (RO)143.  

Although the economic crisis had a negative impact on the ability of trade unions to act, 
and on their available resources, it also injected a sense of urgency and helped trade 
unions  to  ‘relaunch’  their  diversity  actions  in  a  more  upscaled  way.  The  subsequent 
exacerbation of political debate has similarly compelled trade unions to act. 

At  the  same  time,  austerity  measures  had  a  disproportionately  negative  impact  on 
migrant workers. For example, in 2013, in Italy, the unemployment of migrant workers 
exceeded the unemployment rate of Italians by 4 p.p. In most EU countries, migrant 
workers experience greater levels of labour market segregation, are employed in low-
wage  and  low-skilled  sectors  and  are  under-represented  in  middle  to  higher 
management144. In addition, greater migrant exploitation and mistreatment can also be 
observed  (e.g.  longer  working  times,  unsocial  hours,  harder  work  and/or  increased 

141 Eurofound (2013). Impact of the crisis on industrial relations. 
142  Eurofound  (2014).  Industrial  relations  in  central  public  administration:  Recent  trends  and  features. 
at: 
Available 
https://www.eurofound.europa.eu/sites/default/files/ef_comparative_analytical_report/field_ef_documents/
tn1307019s.pdf,  p. 14-15 overview table 
143 Eurofound (2014). Industrial relations in central public administration: Recent trends and features, p. 9. 
Available 
at: 
https://www.eurofound.europa.eu/sites/default/files/ef_comparative_analytical_report/field_ef_documents/
tn1307019s.pdf  
144  European  Anti-Poverty  Network  (2015).  Migrants  in  Europe’s  age  of  austerity.  Available  at: 
https://www.eapn.eu/wp-content/uploads/2016/11/EAPN-2015-EAPN-migration-report-899.pdf 

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workload, low pay, insulting behaviour by employer and/or native co-workers). In the 
UK, for example, an ethnicity pay gap was observed compared to white British people145. 

The combination of these factors, including the limited trade union bargaining powers, 
indirectly impacted migrant workers, in particular, on the possibility to improve the pay 
of those at the lowest wage levels (methods used to increase minimum wages in the 
past  are  currently  more  difficult  to  use).  Rising  unemployment  and  the  associated 
decline  in  membership  further  restricted  trade  unions’  ability  to  act  on  discrimination 
issues and forced many to focus more on ‘core activities’ linked to defending jobs and 
negotiating wage settlements.  

The trade union representatives surveyed for this study, when asked why no practices 
had been developed (of those that indicated no such measures were in place), indicated 
that the lack of initiatives (either internal or external) was either due to limited 
financial resources or insufficient staffing (43 %)(see Figure 4.2). This meant that 
trade unions had to focus on their ‘core business’ of negotiating terms and conditions 
for members. Notably, 32 % of respondents indicated that there was no need for such 
measures at organisational level (within trade unions) as non-discrimination was already 
achieved. The existence of good non-discrimination practices through legislation/policy 
and  workplace  practices  was  mentioned  by  14.5  %  and  10  %  of  respondents, 
respectively, as a reason for not implementing such practices. 

Figure 14. Reasons  given  by  trade  unions  for  not  implementing  non-discrimination 

practices 

No need as non-discrimination already embedded
in workplace practices

10

No need as non-discrimination already embedded
through legislation/policy

Insufficient staffing

Limited financial resources

No need as non-discrimination already achieved
in my organisation

14,5

15

28

32,5

Source: ICF 2018 survey of trade unions. Note: N=79. 

0

5

10

15

20

25

30

35

145  Topham,  G.  (2018).  ‘£3.2bn  UK  pay  gap  for  black,  Asian  and  ethnic  minority  workers’.  The  Guardian. 
Available  at:  https://www.unison.org.uk/motions/2016/black-members/austerity-and-black-workers-the-
continued-impact/ The article highlights that the ‘pay gap rose to as much as 17 %, or £3.90 an hour, for 
black male graduates’ pay’. 

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Similarities  were  identified  among  the  hindering  factors  raised  by  the  trade  unions 
interviewed for the case studies. The principal factors referred to three main issues:  

  Budgetary constraints, translating into limited human resources. Of 21 cases, 10 

trade unions reported budgetary issues as limiting their actions.146  

  Eight  trade  unions  mentioned  an  unfavourable  internal  agenda,  where 

discrimination issues were not seen as a priority.147  

  Seven trade unions noted that the adverse political climate and societal attitudes 

hampered discussions and activities promoting diversity.148  

Two trade unions did not identify any factors that hindered the set-up or implementation 
of their practice, namely Vision in Sweden (‘Workplace for All’) and Equity in the UK (‘I 
can act but I won't pretend’).  

Here, again, a distinction was drawn between internal and external factors. On the one 
hand,  limitations  to  practice  effectiveness  stem  from  external  factors  such  as  the 
societal  and  legislative  contexts  in  which  the  trade  union  actions  take  place.  On  the 
other hand, internal factors, such as insufficient budgeting and/or staffing, issues with 
partners, can hamper effectiveness.   

Table 12 reflects the main limiting factors mentioned by trade unions. These factors are 
then analysed below. 

146  ‘By  migrants,  For  migrants’  (AT);  ‘Racism:  Game  Over’  (BE);  ‘Mentor  Programme’  (DK);  ‘Yellow  Hand 
Association project’ (DE); ‘Diversity in Fire Brigades’ (UK); ‘Working Group on gender and sexual diversity’ 
(ES);  Statement  against  homophobic  bullying  (EU);  Office  for  New  Rights  (IT);  Netwerk  Roze  FNV  (NL); 
Department for Equality (RO). 
147  ‘By  migrants,  For  migrants’  (AT);  ‘Mentor  Programme’  (DK);  Diversity  in  Fire  Brigades  (UK);  ‘Working 
Group on gender and sexual diversity’ (ES); Statement against homophobic bullying (EU); Immigrant children 
in education system (SI); Department for equality (RO); Fighting extreme right ideas and racism (FR). 
148 Such trends were reported in ‘By migrants, For migrants’ (AT); ‘Mentor Programme’ (DK); Diversity in Fire 
Brigades  (UK);  Statement  against  homophobic  bullying  (EU);  Office  for  New  Rights  (IT);  Department  for 
equality (RO); Fighting extreme right ideas and racism (FR). 

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  Main hindering factors in the case studies 

MS 

Trade 
union 

Name of 
practice 

External 

Political 
climate in 
society 

Public 
controversies, 
taboo or 
controversial 
topic in 
society 

AT 

ÖGB 

Trade union 
forum ‘By 
migrants, For 
migrants’ 

✓ 

Internal 

Deterring 
legislative 
context 

Discrimination 
not 
considered a 
priority 

Issues 
with 
partners 

Structural 
issues 

Internal 
trade union 
controversies 

Lack of 
evaluation 
of 
practices 

Budget/ 
financing 

✓ 

✓ 

✓ 

✓ 

✓ 

BE 

CSC/ACV, 
FGTB/AB
VV, 
ACLVB/C
GSLB 

‘Racism: Game 
Over’ 
campaign 

BE 

CSC 

Protecting 
diversity of 
beliefs 

DE 

Yellow 
Hand 
Associatio
n 

National award 
to projects 
against 
xenophobia 
and racism 

DK 

FIU-
Equality 

Mentor 
Programme 
and Booklet on 
FIU-Equality 
training 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

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MS 

Trade 
union 

Name of 
practice 

External 

Political 
climate in 
society 

Public 
controversies, 
taboo or 
controversial 
topic in 
society 

Internal 

Deterring 
legislative 
context 

Discrimination 
not 
considered a 
priority 

Issues 
with 
partners 

Structural 
issues 

Internal 
trade union 
controversies 

Lack of 
evaluation 
of 
practices 

Budget/ 
financing 

ES 

CCOO 

Working Group 
on gender and 
sexual 
diversity 

EU 

ETUCE/ 
ETUC/ILG
A 

Statement 
against 
homophobic 
bullying 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

Training 
sessions on 
LGBT 
discrimination 

Fighting 
extreme right 
ideas and 
racism 

Events on 
equality and 
non-
discrimination 

FR 

UNSA 

FR 

CGT 

HU 

Liga 
Democrat
ic League 
of 
Independ
ent Trade 
Unions 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

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MS 

Trade 
union 

Name of 
practice 

External 

Political 
climate in 
society 

Public 
controversies, 
taboo or 
controversial 
topic in 
society 

Internal 

Deterring 
legislative 
context 

Discrimination 
not 
considered a 
priority 

Issues 
with 
partners 

Structural 
issues 

Internal 
trade union 
controversies 

Lack of 
evaluation 
of 
practices 

Budget/ 
financing 

IT 

CGIL 

Office for New 
Rights 

✓ 

MT 

GWU 

Equality 
policies in 
collective 
bargaining 

NL 

FNV 

Netwerk Roze 
(Pink Network) 

PL 

OPZZ 

PL 

NSZZ 
Solidarno
ść 

Advocacy and 
legal advice for 
minority 
workers 

Legal 
counselling 
and support, 
awareness-
raising training 
for trade union 
members 

✓ 

✓ 

✓ 

RO 

FSLI 

Department 
for Equality 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

✓ 

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External 

Political 
climate in 
society 

Public 
controversies, 
taboo or 
controversial 
topic in 
society 

Internal 

Deterring 
legislative 
context 

Discrimination 
not 
considered a 
priority 

Issues 
with 
partners 

Structural 
issues 

Internal 
trade union 
controversies 

Lack of 
evaluation 
of 
practices 

Budget/ 
financing 

✓ 

✓ 

✓ 

✓ 

MS 

Trade 
union 

Name of 
practice 

SE 

Vision 

‘Workplace for 
All’ 

SI 

SVIZ 

Training on 
integration of 
immigrant 
children in 
education 

UK 

FBU 

Diversity in 
Fire Brigades 

✓ 

UK 

NEU 

PSHE 
education/RSE 
curriculum 

UK 

Equity 

‘I can act but I 
won't pretend’ 

Source: ICF 2018 case studies.

✓ 

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study 

4.3.1  Internal  factors  that  hindered  non-discrimination  actions  by  trade 

unions  

Financial  and  budgetary considerations  were mentioned by 10 trade unions as a 
key hindering factor149. Such considerations affect the trade unions' initiatives, both in 
terms of their long-term sustainability and during the set-up phase of the practice. Lack 
of financial resources has obvious implications for the human resources available, itself 
an important hindering factor in several cases. Where public authorities participated in 
the funding, such as in Denmark, Belgium and the UK, the decrease or discontinuation 
of such funding led to a major cut-back in the activities organised by trade unions. In 
the Netherlands, the reduced budget was attributed to a decrease in affiliated members 
of the FNV, which also had negative consequences for the union’s political leverage. The 
reduction  of  the  FNV  budget  in  general  particularly  affected  activities  tackling 
discrimination on the grounds of sexual orientation and gender identity. 

Some trade unions150 mentioned internal controversies as a hindering factor, which 
particularly affected initiatives with important political implications. This was found in 
the  French  case  study  against  extreme  right  ideas  and  racism.  More  specifically,  the 
CGT reported tensions in their organisation, as some affiliated members were also part 
of the extreme right electorate. In Slovenia, Belgium and Spain, trade unions mentioned 
that some inside the trade union called on the union to focus on other key challenges 
instead of discrimination.  

In some cases151, interviewees commented that the implementation of the practice was 
hindered by lack of awareness or interest in the issue, as the topic was not seen as a 
priority  on  the  union's  political  agenda.  Equally,  trade  union  members  lacked 
awareness of discrimination issues or saw such issues as irrelevant. The Spanish trade 
union  had  to  carry  out  important  communication  and  awareness-raising  activities 
internally  within  the  union,  as  there  was  some  reluctance  among  some  members  to 
understand  why  the  fight  against  discrimination  on  the  grounds  of  sexual  orientation 
and gender identity should be addressed by a trade union at all. In Denmark, the success 
of  the  training  initiative  depends  on  the  union  delegations,  as  they  can  decide  the 
number of participants in the union’s education programmes. Some delegations did not 
consider racist discrimination a priority and thus limited the number of participants in 
the training. In the UK FBU, the organisation had difficulties keeping members involved 
in  and  motivated  by  equality  strategies  in  the  long-term,  because  the  issue  was 
considered  ‘already  addressed’  and  was  no  longer  prioritised.  The  FSLI  in  Romania 
similarly reported reluctance and (some) members’ lack of appreciation of the need for 
unions to explicitly focus on the equality agenda.  

Weak relationships with other entities, either partners or other stakeholders, 
sometimes limited the actions of the trade union152. In Denmark, the cooperation with 
local municipalities and their reluctance to communicate refugees' whereabouts to the 
trade union hampered the initiative. In the EU case study, the interviewee mentioned 
room for improvement in the cooperation between the ETUC, ETUCE and ILGA. Finally, 
the Belgian case study ‘Racism: Game Over’ showed political disagreement between the 
different  trade  unions  involved  in  the  implementation  of  the  practice,  which  partially 
contributed to the end of the initiative. 

149 Case studies: ‘By migrants, For migrants’ (AT); ‘Mentor Programme’ (DK); ‘Yellow Hand Association project’ 
(DE);  ‘Working  Group on  gender  and sexual diversity’  (ES);  Statement  against  homophobic bullying  (EU); 
Office for New Rights (IT); Netwerk Roze FNV (NL); Department for Equality (RO).  
150 Referring to the following case studies: Fighting extreme right ideas and racism (FR); ‘Protecting diversity 
of beliefs’ (BE); ‘Working Group on gender and sexual diversity’ (ES).   
151  ‘By  migrants,  For  migrants’  (AT);  ‘Mentor  Programme’  (DK);  Diversity  in  Fire  Brigades  (UK);  ‘Working 
Group on gender and sexual diversity’ (ES); Statement against homophobic bullying (EU); Immigrant children 
in education system (SI); Department for Equality (RO); Fighting extreme right ideas and racism (FR). 
152  Reported  by  the  trade  unions  in  the  Statement  against  homophobic bullying  (EU);  ‘Mentor  Programme’ 
(DK); ‘Racism: Game Over’ (BE). 

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Some trade unions153 mentioned that the absence of evaluation of their actions and 
the lack of a systematic approach hampered the visibility and long-term success of the 
initiative. This was, for example, reported in the Austrian case study ‘By migrants, For 
migrants’,  the  German  case  study  ‘Yellow  Hand  Association  project’  and  the  French 
initiative ‘Training sessions to tackle LGBT discrimination’. An informative evaluation of 
the  practice  would  positively  enhance  the  union’s  knowledge  of  success  factors  and 
impact  of  the  practice,  as  well  as  raise  awareness  among  trade  union  members  to 
promote diversity inside and outside the organisation. For instance, in Austria, to date, 
there has been no systematic evaluation of the forum’s actions that might provide more 
details on their impact and better demonstrate their reach. Indeed, this may be one of 
the reasons why the format has not been replicated in other federal regions, or at the 
federal level of the ÖGB. A more systematic approach to evaluation and documentation 
could  improve  the  visibility  of  activities  and  document  the  long-term  success  of  the 
initiative. 

inadequate  structure 

Finally,  some  trade  unions154  reported  an 
in  their 
organisation, which hampered the effectivity of their activities. For instance, the FBU 
(UK) underlined that the decentralised structure of the fire service at regional and local 
levels  made  it  challenging  to  develop  and  enforce  national  standards  and  share  best 
practices across the different fire stations. In Malta, the GWU struggles to operate in all 
professional sectors, as certain companies/workplaces are not unionised. This, in turn, 
limits the impact of the practice to those sectors in which the GWU is recognised. In the 
Netherlands, the FNV experienced a dramatic decrease in its affiliated members which 
adversely  impacted  both  its  political  influence  and  financial  resources.  Finally,  the 
Spanish  trade  union,  CCOO,  mentioned  that  its  activities  were  hampered  by  limited 
political  influence  and  insufficient  access  to  political  levers  of  power  in  matters  of 
discrimination on the basis of sexual orientation, expression and/or gender identity in 
the  workplace,  at  both  government  level  and  in  relation  to  parliamentary  groups  or 
political parties.  

4.3.2  External factors hindering trade unions’ non-discrimination practices  

Three main types of external hindering factors were reported, namely: 1) a deteriorating 
political  climate;  2)  discrimination  seen  as  an  issue  which  gives  rise  to  public 
controversy; and 3) the unfavourable legislative context in which trade unions operate.  

A  difficult  political  climate  reportedly  undermined  the  implementation  of  non-
discrimination practices in a number of  countries155.  In Austria, the ÖGB union noted 
that the latest federal elections have promoted right-wing populism and stigmatisation 
of  migrant  workers.  This  has  had  the  effect  of  encouraging  people  to  make  more 
provoking  and  discriminatory  statements  in  society,  political  debates  and  at  work. 
Similarly,  as  the  FIU-Equality  union  reported  during  the  implementation  period  of  its 
initiative,  the  political  context  has  changed  in  that  the  Danish  political  system, 
responding to public concerns, sought to lower the number of refugees coming to the 
country and amended the law accordingly. This development has had an adverse impact 
on the Mentor Programme, not least because the number of participants has inevitably 
decreased. The Italian trade union stated that the national political shift towards more 
right-wing parties has adversely affected the quality of political debate and is a major 
factor  hindering  the  implementation  of  the  practices  relating  to  promoting  non-

153 Trade unions in the following cases: ‘By migrants, For migrants’ (AT); ‘Yellow Hand Association project’ 
(DE) and ‘Training sessions to tackle LGBT discrimination’ (FR). 
154 Trade unions in the following cases: ‘Diversity in Fire Brigades’ (UK),  Netwerk Roze FNV (NL); Working 
Group on gender and sexual diversity (ES), ‘Collective bargaining’ (MT). 
155 Reported in the following cases: ‘By migrants, For migrants’ (AT); ‘Mentor Programme’ (DK); Diversity in 
Fire Brigades (UK); Statements against homophobic bullying (EU); Office for New Rights (IT); Department for 
Equality (RO); Fighting against extreme right ideas and racism (FR). 

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discrimination and the involvement  of trade unions in the political debate and policy-
making process.  

This  points  to  another  connected  factor  that  negatively  affects  trade  union  action  on 
non-discrimination:  trade  unions’  lack  of  political  influence  due  to  weak  social 
dialogue in the national contexts. This is particularly the case in Eastern Europe, where 
the social dialogue structures are weaker than those in Western Europe (e.g. DE, AT). 
Weaker social dialogue structures have also impacted the implementation of diversity 
practices in the UK and southern Member States (such as Malta). In the UK, both cases 
highlight how the outcomes  of the trade union  action were not more  widely reflected 
due to changes in the government, which now pays less attention to social dialogue. In 
Malta, the GWU noted that not all companies/workplaces are unionised, meaning that it 
cannot  monitor  what  is  happening  in  such  workplaces,  as  it  only  has  access  to 
workplaces where it is recognised.  

The discriminatory tone in public debates was reported as adversely affecting the 
impact  of  trade  union  practices156.  This  type  of  public  debate  translated  either  into 
taboos or heated discussions among workers and in society (depending on the type of 
discrimination), negatively affecting the promotion of equality and diversity by the trade 
unions. In Belgium, according to the CSC, the main hindering factor is the controversy 
about religious symbols at work, reflected in the public debate. Indeed, the contentious 
and polarised public debate and the absence of broad agreement in society about such 
religious symbols, together with the legal uncertainties concerning headscarf bans, for 
instance, are all factors that complicate the implementation of the CSC's initiative. The 
NEU  in  the  UK  experienced  strong  opposition  in  terms  of  providing  education  on 
relationships  and  sexuality,  especially  from  parents,  faith  groups  and  campaigning 
bodies. 

Finally, the lack of legislation or  unfavourable legislative frameworks means that 
trade unions cannot rely on non-discrimination law157. In Spain, the trade union reported 
that  the  lack  of  legislation  requiring  the  inclusion  of  non-discrimination  issues  on 
grounds of sexual orientation or gender identity has limited the impact of the practice. 
This  makes  it  more  difficult  for  the  organisation  to  include  discrimination  on  these 
grounds  in  collective  bargaining.  In  Denmark,  a  change  in  the  law  on  the  number  of 
refugees legally allowed to reside in Denmark has had an important impact on the trade 
union's practice by reducing the number of eligible participants. The NSZZ Solidarność 
in Poland noted that the relative lack of knowledge among labour inspectorate staff in 
relation  to  discrimination  on  the  grounds  of  religion  and/or  ethnic  origin  limited 
sanctions  for  employers  discriminating  against  workers  on  these  grounds  and  led  to 
lengthy court cases, discouraging employees from reporting incidents of discrimination.  

156 Reported in the following cases: ‘Protecting Diversity of Beliefs’ (BE); ‘Working Group on gender and sexual 
diversity’ (ES); Fighting against extreme right ideas and racism (FR).  
157  Reported  in  ‘Working  Group  on  sexual  and  gender  diversity’  (ES);  ‘Mentor  Programme’  (DK);  ‘Racism: 
Game Over’ (BE); ‘Legal counselling and support, awareness-raising training for trade union members’ (PL). 

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5 

Transferability across trade unions  

Trade  unions  reported  a  range  of  elements  that  could  be  transferred  to  other 
contexts  and/or  organisations.  Interviewees  reported  several  factors  related  to 
organisational models (e.g. internal structures), broader contexts (e.g. funding) or the 
practice  itself  (e.g.  a  specific  training  model).  Transferable  elements  also  included 
enabling factors that could be similarly transferred to different contexts.  

The transferable elements that emerged from the case studies can be conceptualised 
within a framework covering all aspects of an organisation, including:  

  Strategic  vision,  e.g.  the  need  for  a  clear  and  explicit  strategic  vision  on 

discrimination.  

  Organisational structure, e.g. having dedicated units and personnel dealing with 

discrimination issues.  

  Concept of the practice/activity, e.g. training, guidance, advice.  

  Delivery model, e.g. innovative elements of a training programme, involvement 

of key actors, outreach activities.  

The  trade  unions  also  identified  enabling  factors  that  support  the  successful 
implementation of practices to combat discrimination at the workplace and beyond and 
that could be transferable to  other contexts. For example, while the  national political 
context  is  a  factor  that  can  support  (or  hinder)  the  successful  implementation  of  a 
practice, this is not a transferable element, whereas the commitment of management, 
appropriate internal supportive structures and knowledge of funding systems (and how 
to  best  access  them)  are  factors  that  could  be  applied  in  other  organisations  and 
contexts. Figure 15 provides an overview of the hierarchal pyramid, highlighting areas 
where transferable elements have been identified and the specific factors in each case.  

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Figure 15. Pyramid of transferability 

5.1  Strategic vision  

The strategic vision of an organisation was often mentioned as the main driver for trade 
unions  to  implement  non-discrimination  activities.  In  the  EU  case  study  ‘Statement 
against homophobic bullying’, ETUC/ETUCE/ILGA highlighted the transferable nature of 
an important feature such as the need for high-level strategic policy commitment 
to fight discrimination. This helps to focus and highlight the union’s work on the topic, 
ensures that the issue is more visible and that it remains high on the union’s agenda.  

As  a  second  step  in  moving  towards  actual  implementation  of  a  strategic  vision, 
declarations  and  formal  statements  from  trade  unions  in  relation  to  non-
discrimination  were  identified  as  approaches  that  can  be  adopted  by  others.  For 
example, in the Belgian practice, ‘Tackling racism in employment’, the signature of a 
‘Declaration  against  Racism’,  although  a  symbolic  gesture,  actually  promoted  the 
involvement of union representatives and management within the union structures. 

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5.2  Agenda setting  

The  inclusion  of  non-discrimination  issues  on  trade  union  agendas  and 
embedding  the  need  to  fight  all  grounds  for  discrimination  were  identified  as 
transferable elements that could be adopted by all trade unions. Here, the democratic 
nature of the trade union plays an important role because, as democratic institutions, 
unions are affected and influenced  by their members and their members’ needs. The 
quality  and  representativeness  of  internal  union  structures,  and  the  influence  of 
individual members on trends, strategies and their implementation, plays a key role in 
furthering the equality agenda. 

For  example,  the  ETUC/ETUCE/ILGA  EU  practice,  ‘Statement  against  homophobic 
bullying’,  embedded  the    work  on  a  specific  ground  for  discrimination  (e.g.  religion, 
ethnic origin, sexual orientation) within the unions’ broader equality agendas, thereby 
ensuring  that  the  issue  was  treated  holistically  and  consistently  through  an  overall 
equality policy approach and framework. This was also the case for Equity in the UK, 
which embedded its non-discrimination strategy, Agenda for Change, within its broader 
policy agenda.    

The Spanish trade union, CCOO, streamlined the issues of gender and sexual diversity 
in the statutes of the union and its agenda for action.  

Regular  activities  within  the  trade  unions  to  streamline  the  equality  agenda 
within the organisation were reported as feasible strategies to ensure continuity and 
visibility of the non-discrimination activities.  

For  example,  in  the  UK  FBU  case  study  ‘Diversity  in  Fire  Brigades’,  regular  union 
activities  across  different  departments  (e.g.  meetings,  recruitment,  retention, 
promotion  practices)  were  reported  as  important  factors  in  engaging  with  people 
working  on  different  topics  and  ensuring  that  the  equality  agenda  was  embedded 
throughout  the  work  of  the  union.  In  Slovenia,  as  part  of  the  practice  ‘Training 
immigrant children in education’, SVIZ organised a series of events that helped to keep 
the issue on the agenda of both the union and educators.  

5.3  Organisational structures 

The organisational structures of trade unions in terms of specifically dedicated 
non-discrimination  (or  diversity)  units,  groups  or  committees,  together  with 
clear  delineation  of  roles  and  allocation  of  responsibilities,  were  identified  as 
success  factors  for  non-discrimination  actions,  as  well  as  transferable  elements  that 
could be implemented by other trade unions.  

In  the  Spanish  practice  ‘Working  Group  on  gender  and  sexual  diversity’,  a  key 
transferable element was the existence of a permanent working group or structure in 
the trade union on issues of sexual orientation and gender identity, together with the 
clear allocation of responsibility for non-discrimination actions to specific persons within 
the organisation (e.g. Secretaries of Equality). The Hungarian trade union LIGA, which 
organised  several  events  on  equality  and  non-discrimination,  established  a  dedicated 
equal opportunities committee to provide a focal point for its equality work.  

In  the  UK  FBU  practice  ‘Diversity  in  Fire  Brigades’,  the  specific  union  structures 
dedicated to fighting discrimination on ethnic minority grounds was reported as a key 
structural  element  that  could  be  transferred  to  other  trade  unions.  In  Italy,  the 
coordinator of CGIL’s Office for New Rights noted that the establishment of the structure 
is  transferable  to  other  trade  unions  in  other  countries.  However,  the  trade  union 
representative and the partners agreed that this requires strong commitment from the 
trade union’s management and depends on the general values and culture of the union.  

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In the Romanian FSLI practice, ‘Department for Equality’, the experience of establishing 
a  dedicated  equality  department/committee/other  structure  proves  that  this  can  be 
done in less favourable contexts and with limited resources. The lessons learned from 
the  gradual  process  of  establishment  and  securing  buy-in  through  a  step-by-step 
approach in FSLI is highly valuable to other unions. 

In addition, permanent contact points can be easily established. An example here is 
the  Austrian  forum  ‘By  migrants,  For  migrants’,  where  the  appointment  of  a  forum 
administrator ensures a clear and permanent internal and external point of reference 
for the practice.  

5.4  Activities of practices  

Trade unions have implemented a range of non-discrimination practices whose concepts 
(e.g. training, toolkits) are often transferable to other kinds of discrimination, as well as 
to other trade unions or countries.  

In the Belgian case study, ‘Protecting diversity of beliefs’, CSC/ACV reported that the 
concept of training as a pedagogical tool could be transferred to any other context. 
The trade union used training as an educational tool to promote an open debate, starting 
with presenting real-life experiences of delegates and situations of discrimination faced 
at  workplaces  and  discussing  how  best  to  address  them.  In  the  Romanian  practice 
‘Department for Equality’, the trade union delivered concrete and tangible training and 
continuing professional development activities to demonstrate the practical value 
of  the  equality  agenda  to  the  everyday  work  of  the  education  sector  staff.  This 
experience is particularly transferable to other unions because it exemplifies the typical 
constraints faced by unions in relation to scarce resources (both human and financial) 
and other pressing priorities.  

Several elements of the Swedish practice were identified as easily transferable. These 
include  the  guidance  notes  for  managers  and  elected  representatives  on  active 
measures promoting diversity and non-discrimination at the workplace, as well as the 
union’s  online  education/training  platform.  Similarly,  the  compilation  of  good 
practices  is  a  transferable  activity  that  would  not  require  significant  additional 
administrative or financial resources.  

The ‘Festival against Racism’ that formed part of the CGT practice ‘Fighting extreme 
right  ideas  and  racism’  is  a  transferable  concept  with  a  strong  innovative  element 
applied to the fight against discrimination (particularly the link to the wider community 
and reaching out to young people). Such a festival could be organised in relation to all 
grounds for discrimination.  

The  Danish  Mentor  Programme  and  the  Booklet  of  the  FIU-Equality  training  were 
reported as good examples that could be implemented by other trade unions at national 
or  local  level.  The  mentor-mentee  model  and  the  Booklet  are  straightforward 
concepts  that  can  easily  be  adapted  to  different  contexts.  More  broadly,  the  work  of 
FIU-Equality  represents  an  interesting  learning  experience,  with  its  strong  focus  on 
training on a wide range of equality and diversity topics. The work of FIU-Equality also 
demonstrates the shared commitment and collaboration of three trade unions, including 
the pooling of resources to achieve a multiplier effect.  

In the Belgian practice ‘Tackling racism in employment’, the team conducted a survey 
of  trade  union  representatives  to  better  understand  the  extent  of  racism  in  the 
workplace and to investigate possible actions, while simultaneously raising awareness 
of  the  issue.  Evidence  of  the  extent  of  the  problem  was  then  used  to  engage  with 
employers and the wider community This tool (survey) as an instrument to understand 
a specific phenomenon (such as racism) can provide the evidence-base and input for 
the design phase of subsequent related activities. As such, it is a transferable element 

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that could be implemented by trade unions at national, regional and sectoral level. It 
would also raise awareness within trade unions on discrimination issues.  

The idea of a competition for young people in the German Yellow Hand Association’s 
national award for projects against xenophobia and racism can certainly be transferred 
and  used  in  other  national  or  local  contexts  and  by  different  trade  unions.  However, 
country-specific approaches would need to be developed to engage with young people 
in  companies  and  vocational  training.  The  idea  of  the  yellow  hand  symbol  is  easily 
transferable, as it is widely recognised throughout Europe as a symbol against racism 
and xenophobia.  

In  Slovenia,  as  part  of  the  practice  ‘Training  immigrant  children  in  education’,  SVIZ   
organised  several  different  kinds  of  events.  This  mix  was  reported  as  a  possible 
success factors and transferable practice, both to sustain attention to the topic and to 
bring  different  perspectives  (e.g.  teachers,  education  experts,  education  ministry, 
migrants).   

In the Hungarian LIGA practice ‘Events on equality and non-discrimination’, the use of 
sensitivity training as part of the event was well-received by all participants, not 
least because it helped them to engage more with the topic instead of relying solely on 
presentations. This good practice in sensitivity training can easily inform other similar 
practices. 

The UK NEU trade union identified several elements that could be transferred to other 
contexts. For example, The AGENDA toolkit, showing how schools can empower young 
people to speak out on sexism, was highlighted as transferable to almost all contexts. 
The organisation of a  series of events also helped to raise awareness and keep the 
issue on the trade union’s agenda. Events focusing on the provision of information and 
guidance, presentation of good practices, and open debate and exchange of views in a 
highly interactive manner can be easily transferred into other national contexts. 

The  legal  support offered by the Polish trade union  NSZZ Solidarność  could also be 
replicated  in  other  contexts.  The  support  should  be  targeted  at  trade  union 
representatives and individual employees. For example, legal advice on discrimination 
issues could be embedded in the legal advice already provided by trade unions in other 
employment areas, such as contracts and pay issues.  

The Netwerk Roze FNV  (Pink Network) has already published an international English 
version of its Rainbow Checklist for collective agreements, accompanied by  guiding 
principles  in  helping  workplaces  to  become  more  LGBT-friendly,  with  the  intention  of 
facilitating its wider dissemination and transfer to other countries. The Checklist could 
easily be adapted to national contexts and is an example of a transferable resource. 

Finally,  in  the  Belgian  practice  ‘Tackling  racism  in  employment’,  the  'bottom-up' 
approach applied throughout the awareness-raising campaign is transferable to many 
types of practices aimed at fighting discrimination at the workplace.  

5.5  Delivery model of practices/activities  

The delivery models of the practices in the case studies also provide several interesting 
transferable elements.  

Firstly, interesting and innovative methods to deliver training and engage with 
participants were identified in several cases.  

In  the  Belgian  practice  of  CSC/ACV  ‘Protecting  diversity  of  beliefs’,  illustrative 
practical examples from case studies were used to highlight specific issues, such as 
religious discrimination at work and  effective ways  of addressing  such  discrimination. 
This  worked  well  and  is  an  engaging  –  and  transferable  -  way  of  providing  practical 
information for workers and employers. 

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In  the  French  practice  ‘Training  sessions  on  LGBT  discrimination’  from  UNSA,  the 
delivery model of the awareness-raising training was identified as transferable to other 
practices  and  trade  unions.  The  training  used  action  groups  to  brainstorm 
experiences related to discrimination at work and to discuss the role of trade 
union  activists  in  effectively  addressing  such  discrimination.  Another  transferable 
element  was  the  cascading  approach  to  training,  whereby  regional  delegates  were 
invited  to  the  training  at  national  level  and  encouraged  to  request  similar  training  at 
regional level. This approach can be transferred to different contexts, and the training 
adapted to particular sectors and specific needs.  

The delivery model of the training provided by the NEU trade union in the UK, i.e. the 
participatory approach to the training, helped to engage participants and deepen 
their knowledge of the topic by bringing different perspectives (e.g. from teachers and 
education  experts)  into  the  interactive  training  sessions,  thus  enriching  the  overall 
debate.  This  participatory  approach  can  be  transferred  to  all  types  of  training  on 
combating  different  grounds  of  discrimination,  as  well  as  to  other  activities,  such  as 
awareness-raising campaigns.  

Trade  unions  emphasised  cooperation  with  other  trade  unions  and  external 
organisations or experts as an important transferable element that helps to deliver 
a specific practice in relation to non-discrimination. The Belgian practice ‘Tackling racism 
in  employment’  adopted  an  inter-trade  union  approach  to  the  practice,  which  was 
implemented  in  cooperation  by  the  CSC/ACV,  FGTB/ABVV  and  ACLVB/CGSLB  unions. 
This is a clear example of inter-trade union action that is transferable to other practices 
aimed at addressing other grounds for discrimination.  In the EU case study, Statement 
against  homophobic  bullying,  from  ETUC,  partnerships  with  other  unions  (and 
confederations) and key NGOs were reported as transferable elements that increase the 
potential impact of the activities and ensure that they are more widespread among the 
partners.  

In  the  CGT  practice,  cooperation  with  trade  unions  from  other  Member  States 
was emphasised as a transferable strategy that could be applied by all trade unions to 
exchange views, share experiences (and good practices) and learn from each other how 
best to address all grounds for discrimination.   

Linking the practice to other activities already  implemented within the trade 
union was reported as a successful and transferable method of delivery. For example, 
this was the case for the Austrian forum ‘By migrants, for migrants’, where the practice 
was linked to other activities already implemented in the trade union, e.g. its advisory 
services for migrant workers to improve outreach and recruitment of members. This is 
a model that other trade unions could easily implement. 

The  wide-ranging  dissemination  strategy  adopted  by  the  CGT  in  its  practice  of 
‘Fighting extreme right ideas and racism’ is highly transferable to other trade unions in 
different  contexts.  The  CGT  used  a  range  of  dissemination  channels  and  tools  to 
communicate  information  about  awareness  campaigns,  tools  and  topics,  leaflets  and 
brochures to its members.  

5.6  Enabling transferable factors  

For  trade  unions  to  activate  and  implement  non-discrimination  practices,  a  range  of 
enabling  pre-conditions  must  be  in  place,  some  of  which  are  transferable  to 
other trade unions or contexts. Such factors include, for example, commitment from 
union managers, alignment of objectives and values with partners, as well as search for 
external funds.  

In Italy, the coordinator of the CGIL’s Office for New Rights highlighted that the enabling 
condition for the implementation of an office dedicated to fighting discrimination, within 
the  structure  of  a  trade  union,  is  the  commitment  of  the  union’s  senior 

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management  and  the  strategic  support  it  receives  from  the  hierarchy.  Interviewees 
noted  that  the  alignment  of  objectives  and  values  between  partners  was  of 
paramount importance and can be a transferable element in terms of guiding the design 
and  implementation  of  relevant  activities.  Indeed,  this  is  a  transferable  element  that 
could be implemented in other contexts and at different levels. For example, national 
and/or  local  partnerships  can  be  set-up  in  the  quest  to  address  the  multidimensional 
aspects  of  discrimination,  capitalise  on  the  specialist  knowledge  and  expertise  of 
relevant partners (including accessing relevant legal support and advice), reach out to 
certain  hard-to-reach  groups  experiencing  or  at  risk  of  discrimination  (e.g.  migrant 
workers,  children,  families),  inform  policy  and/or  jointly  design  and/or  implement 
relevant actions, etc. Collaboration with relevant partners was also reported as a key 
transferable element in the Malta case study.  

In  the  Romanian  practice  ‘Department  for  Equality’,  a  number  of  enabling  and 
transferable factors were identified. For example, the value of the equality agenda 
needs  to  be  clearly  demonstrated  within  the  trade  union  through  concrete 
activities highlighting the tangible benefits to union members and leadership. This also 
ensures greater buy-in to the idea of equality structures and strategies as an integral 
part of the union’s actions. The use of available external funding opportunities can 
offset  the  lack  of  internal  resources.  Enhancing  the  union’s  knowledge  of  available 
funding  opportunities  (national/regional,  sectoral,  EU,  international  funding  sources) 
and developing expertise on how best to access such sources can also be a transferable 
element. Changes to the organisational structure of the trade union could be used as a 
window of opportunity to embed the idea of a dedicated equality department 
in the new structure and strategy of the union.  

In  the  French  practice  ‘Training  sessions  on  LGBT  discrimination  from  UNSA’,  the 
involvement  of  the  French  equality  body  in  the  training  was  reported  as  beneficial, 
allowing  participants  to  gain  accurate  technical  knowledge  of  the  relevant  legal 
framework.  Similarly,  in  Hungary,  the  involvement  of  the  Equality  Body  in  the 
‘Events on equality and non-discrimination’ organised by the union provided significant 
added value, allowing participants to gain technical knowledge of the legal framework 
and  case-law  in  relation  to  equality  and  non-discrimination  at  the  workplace.  Since 
equality  bodies  are  present  in  all  EU  Member  States,  this  involvement  can  be  easily 
replicated in other countries.   

In the UK case study on Equity’s non-discrimination strategies, an important enabling 
factor  that  helped  to  embed  the  strategy  within  its  other  policy  strands  was  the 
recognition by the union of the adverse impact of discrimination on other ‘more 
traditional’ areas of work (e.g. wages, employment conditions). Ultimately, the inclusion 
of  non-discrimination  clauses  in  collective  agreements  was  reported  as  the  most 
transferable practice. Likewise, the existence of formal frameworks is reported as 
an enabling factor that can be transferred to practices aimed at encouraging employers 
not covered by collective agreements to implement good practices in relation to non-
discrimination at work.  

Overall,  the  case  studies  show  that  trade  unions  are  important  anti-racism  and 
non-discrimination actors, making an essential contribution to specific actions 
and  raising  awareness  through  their  campaigns.  They  are  part  of  an  ongoing 
societal  debate  and  provide  an  important  discursive  space  for  this  to  happen.  They 
typically have well-organised structures (although this depends very much on resources 
and differs by country), meaning that union representatives in the workplace can draw 
on the expertise of their sectoral and national officers and offices. This gives them the 
potential to effect wider societal change through their non-discrimination actions. 

In some cases, unions have needed to create new structures to enable this process 
of  vertical  and  horizontal  communication  and  cooperation.  This  seems  to  be  a 
particular area where cross-country learning and practice transfer can take place, with 
demonstrably good results. 

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In  view  of  their  potential  to  effect  change,  unions  should  be  supported.  In  practice, 
however, they are often struggling to sustain their actions, largely because of lack of 
funding or short duration of funding, or because of a lack of support from institutional 
actors. The failure to sustain activities may actually make some anti-racism and non-
discrimination actions counter-productive, as the actors involved can become fatigued 
and disillusioned or create unrealistic expectations. 

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6 

Conclusions and recommendations 

The long-standing legal background provides the EU with a clear mandate to combat 
discrimination based on sex,  racial and ethnic origin, religion or belief, disability, age 
and  sexual  orientation.  This  is  enshrined  in  the  TFEU  and  the  European  Charter  of 
Fundamental  Rights,  as  well  as  the  Employment  Equality  Directive  and  the  RED.  A 
number of strategic political commitments, such as the European Pillar of Social Rights, 
has confirmed the EU's investment in tackling discrimination in the labour market and 
in society.  

Recent  developments  in  national  legislation  in  respect  of  LGBT  rights,  such  as 
recognition  of  same-sex  union,  underline  the  need  for  trade  union  action  to  adapt  to 
legal  changes  in  society  and  push  for  more  inclusion  at  work.  Conversely,  legislative 
frameworks  sometimes  fail  to  address  societal  evolution  on  discrimination.  Available 
studies and surveys have shown that pervasive and deep forms of discrimination persist 
in  employment,  highlighting  the  need  to  apply  and  effectively  enforce  the  extensive 
body of EU soft and hard law to fight discrimination. 

Trade  unions have an  important  role  to  play  in  raising  awareness,  engaging  with 
employers, supporting discrimination victims, highlighting action against discrimination, 
supporting  governments  in  the  enforcement  of  non-discrimination  legislation,  and 
pushing for legislative change by lobbying for effective diversity policies at national level. 
They are first in line to address discrimination on all grounds, in their key role in social 
dialogue  with  employers,  supporting  victims  of  discrimination  and  monitoring 
discrimination  at  the  workplace.  In  the  complex  and  rapidly  changing  socioeconomic 
and  demographic  context,  trade  unions  play  a  fundamental  role  in  supporting  the 
transition towards a  more diverse  society, not least because discrimination in society 
and the workplace is an enduring issue.  

Research has shown that high and persistent levels of discrimination, migration 
trends and legal changes were the main drivers for trade union action on non-
discrimination.  A  number  of  trade  unions  across  Europe  have  developed  numerous 
initiatives to promote equality and diversity, adopting a broad range of approaches to 
address the multiple grounds of discrimination, through diverse practices, target groups, 
reach and activities.  

The trade unions’ actions have had a dual focus, with actions aiming to address 
discrimination  internally  within  the  trade  union  and  externally,  at  the 
workplace and in wider social settings. This has allowed persistent discrimination 
to  be  tackled  through  different  channels,  including  addressing  discrimination  among 
trade  union  members,  providing  training  and  raising  internal  awareness  of  the 
importance of promoting equal treatment and non-discrimination at the workplace. 

The majority of cross-sectoral measures were identified at both national and regional 
level, undertaken by trade unions representing multiple sectors. Of the sector-specific 
actions, public sector unions in sectors  such as health, education, and social services 
have been particularly active.  

Since  2010,  the  number  of  initiatives  tackling discrimination  on  the  ground  of  sexual 
orientation and gender identity has increased (the 2010 study chiefly reported practices 
addressing discrimination on the grounds of race or ethnic origin). The issue of multiple 
discrimination and intersectionality has also been addressed through trade union actions 
and this has emerged as a particular concern in addressing new and persistent forms of 
discrimination.  

Trade  unions  primarily 
implemented  awareness-raising  actions  and 
campaigns,  collective  bargaining  and  targeted  training  for  trade  union 
members  on  non-discrimination  issues.  In  developing  their  actions,  a  number  of 
trade unions forged multi-stakeholder partnerships to increase their lobbying power as 

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well as to provide a forum for discussion and exchange of good practices, maximise the 
reach  and  impact  of  the  action,  recruit  new  members,  and  receive  specific  technical 
knowledge and reliable background information during the design phase of the practice 
or during its implementation. 

Trade  union  practices  had  several  short  and  long-term  impacts  in  addressing 
discrimination. Internally, the actions had a significant impact, notably in relation to 
awareness-raising,  upskilling  of  trade  union  representatives  and  sharing 
knowledge of good practices. To achieve long-term impact of their practices, some 
trade  unions  have  established  specific  equality  structures  within  their  organisation. 
These, in turn, have enabled the trade unions to take more structured and longer-term 
equality-oriented  actions  that  are  also  embedded  in  their  wider  strategy  and  policy 
agenda.  

Trade  unions  reported  increased  visibility  and  greater  awareness  of  the 
equality agenda and discrimination issues among the workforce. This was partly 
achieved  through  trade  unions  supporting  workers  at  risk  of  discrimination  or  those 
already  experiencing  discrimination.  Some  trade  unions  also  worked  directly  with 
employers to reduce discrimination at the workplace, with a direct (positive) impact on 
workplace  regulations  on  non-discrimination.  Importantly,  actions  at  the  core  of  the 
trade  union  mandate,  such  as  inclusion  of  non-discrimination  clauses  in  collective 
agreements and lobbying for legislative action, allowed for discrimination issues to be 
embedded into company policies and practices.  

At  a  broader  societal  level,  trade  unions  influenced  the  political  decision-
making process, while their non-discrimination initiatives also increased the visibility 
of  discrimination  issues  among  the  general  public  and  helped  to  build  a  broader 
consensus in society at large about the need to tackle all forms of discrimination.  

The impact of trade union practices was significantly affected by several enabling and 
hindering factors:  

  Support from senior managers in the trade union is a key factor for actions to 
succeed,  together  with  the  versatility/diversity  of  actions  implemented  to 
effectively reach their target groups. Important external factors influencing the 
successful implementation of trade unions’ actions include a supportive political, 
economic, and legislative context, which provided a positive environment for the 
trade union actions addressing discrimination.  

  The  deteriorating  political  climate  in  some  Member  States  is  the  main  factor 
hindering trade union action on non-discrimination. An unfavourable legislative 
context  also  hampers  such  actions.  Budgetary  constraints  are  the  internal 
obstacle, which translate into limited human and financial resources available for 
non-discrimination actions. This is closely followed by a lack of internal support 
and sensitivity to non-discrimination and equality issues. 

Finally, among the trade union non-discrimination actions, a range of elements could 
be transferred to other contexts and/or organisations. The transferable elements 
which emerged from the study research have been conceptualised within a framework 
that  covers  all  organisational  aspects  of  trade  union  action  to  combat  discrimination, 
including: 

  Strategic vision of trade unions, e.g. the need for a clear and explicit strategic 

vision on discrimination.  

  Organisational structure, e.g. having dedicated units and personnel dealing with 

discrimination issues.  

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  Concepts of the practice/activity, e.g. the sharing of available and tested practical 
tools,  approaches  and  mechanisms  to  deliver  training,  provide  guidance  and 
advice  to  trade  union  members  and  workers,  tools  to  engage  employers, 
approaches to include discrimination issues in the collective bargaining agenda.  

  Delivery  model,  e.g.  developing  innovative  elements  of  a  training  programme, 

involvement of key actors, successful and attractive outreach activities. 

A  number  of  recommendations  have  been  developed,  reflecting  the  key  findings  and 
conclusions  from  the  study.  The  emerging  findings  and  further  actions  were  also 
discussed  with  over  100  trade  union  representatives  at  the  final  study  conference  in 
October 2019. The recommendations are grouped by key stakeholder.  

Recommendations  for  the  European  Commission  to  further  support  trade 
unions in tackling discrimination    

The study showed that collective bargaining is under threat across Europe. However, it 
is  the  core  mandate  of  the  trade  unions  and  one  of  the  key  tools  to  advance  non-
discrimination  practices  at  the  workplace.  There  is  further  scope  for  the  European 
Commission to undertake additional activities to support the positive political, economic 
and legislative climate that is crucial for trade unions to tackle discrimination.  

There are a number of specific provisions in the EU non-discrimination directives that 
invite governments to promote equality with support from social partners/through social 
dialogue. The European Commission could undertake further action to more effectively 
monitor  and  enforce  these  provisions  and  their  implementation.  In  this  context,  the 
consultation processes of the European Semester could also be used more effectively. 
This would enable the social partners to meaningfully participate in developing a series 
of national reforms designed through the Semester process, as these often address the 
issues of discrimination faced by particular groups in society.  

To  further  embed  the  equality  agenda,  the  European  Commission  could  consider 
including training on diversity as part of health and safety at the workplace. Such EU 
action would reflect a broader policy agenda to support safe workplaces. 

Looking  outside  the  EU,  a  form  of  supporting  non-discrimination  clauses  could  be 
included in the trade agreements negotiated between the EU and third countries. These 
could  include  a  range  of  particular  strategies  to  tackle  discrimination,  given  the  role 
played by trade unions here.  

There a number  of available funding channels to fight discrimination (such as the  EU 
Rights, Equality and Citizenship (REC) Programme), whose potential is not fully utilised 
by the trade unions. There is further  scope  for the European Commission to consider 
how  best  to  promote  this  funding  so  that  trade  unions  use  it  to  support  the 
implementation of their non-discrimination actions.  

The study showed how exchanges of expertise and experience between the trade unions 
both within a country and at European level help to further non-discrimination actions. 
The European Commission could consider supporting further exchanges of experience 
and  practices  of  trade  unions  fighting  discrimination.  In  parallel,  the  study  showed  a 
wealth  of  practices,  tools,  approaches  and  methods  developed  by  trade  unions  in 
fighting discrimination. There is merit in considering the development of a pan-European 
repository of existing practices, tools, approaches and training materials.  

Regular  EU-wide  awareness-raising  campaigns  on  discrimination  issues  could  be 
organised  jointly  between  the  European  Commission,  trade  unions  and  employer 
organisations. This would raise the visibility of joint actions and help to communicate 
the outcomes of trade union actions to wider audiences across the EU.  

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Recommendations for trade unions to further advance their non-discrimination 
action  

The study showed that among the grounds of discrimination faced at the workplace and 
in wider society, multiple discrimination often remains hidden in fighting discrimination. 
Trade unions could consider giving further attention to the issue of intersectionality and 
how best to recognise it in the work of trade unions.  

Trade unions could consider devoting attention to the most successful approaches, as 
demonstrated  by  the  study  findings.  Attention could  be  paid  to  a  range  of  successful 
activities, including early intervention and preventing the development of discriminatory 
views,  alongside  actions  embedding  the  non-discrimination  agenda,  targeting 
employers, trade union members and workers. To be effective, trade unions could also 
be encouraged to show real examples of how diversity needs to be lived, demonstrated 
and experienced.   

There  is  scope  for  trade  unions  to  consider  making  non-discrimination  actions  more 
sustainable through ongoing investment, including embedding actions in trade unions’ 
wider  strategies  and/or  structural  measures.  Financial  support,  the  allocation  of 
appropriate  human  and  financial  internal  resources,  and  the  prioritisation  of 
discrimination by trade union leadership could also be helpful in this respect. 

There  is  merit  for  trade  unions  to  further  advance  the  non-discrimination  agenda  in 
collective  bargaining  and  other  social  dialogue  processes.  The  outcomes  of  collective 
bargaining, such as addressing low wages and poor working conditions in some sectors, 
will help to address worker discrimination in these sectors (e.g. often the care sector is 
prone to employing workers that face multiple discrimination, such as migrant women).  

Trade  unions  could  focus  on  establishing  and  maintaining  strong  collaborations  with 
employers,  NGOs,  universities,  embassies  and  other  key  stakeholders  in  the  non-
discrimination field. The study showed that strong partnerships are crucial in the design, 
implementation and outreach of non-discrimination actions. Trade unions can impact on 
wider society due to their vertical and horizontal structures but are even more powerful 
when working together with strong partners, which multiplies this impact.  

Recommendations for employer organisations to provide a strong contribution 
to non-discrimination actions   

The  study  focused  on  trade  unions  actions  on  non-discrimination  and  diversity. 
However,  study  findings  also  show  scope  for  employers  to  become  more  active  and 
cooperate  with  trade  unions  on  joint  actions  to  fight  discrimination.  This  could  be 
important  in  the  context  of  making  the  business  case  for  a  more  equal  society 
(discrimination  impacts  negatively  on  workers  and  business  performance  and  has  a 
negative multiplier effect on society). 

Employers could be more open to including non-discrimination clauses in the collective 
bargaining and social dialogue processes, thus  providing a strong  channel to address 
workers’ concerns and tackle negative discrimination experiences.  

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Annex 1  Case study reports 

In  this  Annex,  we  present  the  detailed  reports  for  the  21  case  studies  that  were 
conducted as part of this study. 

6.1  Austria – Trade Union Forum by Migrants for Migrants (ÖGB) 

6.1.1  Summary of the case study  

  Country: Austria 

  Name of the trade union: ÖGB (OEGB) 

  Title  of  the  case  study:  Kompetenzforum  Migration  -  Trade  union  forum  by 

migrants for migrants  

  Link 

the 
https://www.oegb.at/cms/S06/S06_23/home?d=Touch 

website 

the 

to 

of 

case 

study: 

  Date of the practice when it was first implemented: Initiative exists since 

2009 

  Whether the practice is still on-going: Still on-going 

  Whether the practice was included in the 2010 study: Practice was listed 

in the 2010 study (but not as case study) 

  Sector of the trade union/ practice: At confederal level, cross-sectoral, but 

region specific 

  Ground of discrimination addressed: ethnic origin, multiple discrimination  

  Short  description  and  focus  of  the  case  study:  The  initiative  focuses  on 
providing  information  to  migrant  workers  about  the  work  of  trade  unions  in 
general, encourage them to join a trade union and become active at company 
level  in  their  respective  works  council  (including  the  possibility  of  them  being 
elected chairperson of a works council);  

  Short  description  of  activities:  Activities  of  the  Forum  include  awareness 
raising,  information  and  communication  activities  in  relation  to  migrant 
integration; contribution to inter-cultural activities (e.g. organisation of an inter-
cultural  football  competition  with  local  migrant  associations,  migrant  workers 
and football teams); campaign and advocacy work (e.g. ÖGB specific or regional 
advocacy  work);  and  international  trade  union  work  (e.g.  information  and 
collaboration with trade unions of other countries such as Croatia and Turkey);  

  Short description of results and impact: The Forum is a networking platform 
for migrant workers in the  region  of Upper Austria. Through  representation in 
the  executive  management  of  the  regional  ÖGB  structures  and  the  Upper 
Austria’s  Chamber  of  Labour,  the  Forum  can  channel  the  voice  of  migrant 
workers at all political levels as well as at the workplace through networking with 
works councils and their members.  

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6.1.2  Introduction 

The  Austrian  Confederation  of  the  trade  unions  ÖGB  is  a  cross-party  umbrella 
representative  organisation  of  employees  in  the  country,  established  in  1945.  The 
confederation  and  its  seven  member  unions  have  around  1.2  million members  in  the 
country,  representing  the  interests  of  their  members  towards  employers,  the 
government and political parties. ÖGB is a key party in the social dialogue structures in 
Austria,  negotiating  collective  agreements  on  pay,  working  conditions  and  a  range  of 
other  employment  related  topics.  The  confederation is  organised  at  the  central  level, 
and also has eight regional and numerous local associations.  

The Kompetenzforum Migration (hereinafter the Forum) was set up in 2009 by the ÖGB 
Oberösterreich  (Upper  Austria  –  federal  Land).  The  ÖGB  has  had  since  the  1970s  a 
specific advisory service for migrants to provide better information on labour law and 
social  law  in  the  mother  tongue  of  the  largest  migrant  groups  present  in  the  Upper 
Austria  Land  such  as  Turkish,  Serbo-Croatian,  Bosnian,  Hungarian,  Slovak,  Slovene 
migrants.  In  the  1960s  and  1970s  many  so-called  “guest  workers”  arrived  in  Austria 
from  these  countries.  The  ÖGB  already  contributed  at  the  time  to  the  set-up  of  this 
counselling service as a separate specialised association, which still exists and is now 
called “Migrare”.158  

At  the  time,  the  Land  Upper  Austria  had  also  developed  a  more  networked  and 
integrated approach in dealing with the integration of migrants (for example, a migrant 
integration related framework policy was developed). This policy framework was fully 
supported by the head of the ÖGB in Upper Austria. When, in 2009, the ÖGB Federal 
Congress decided to foster migrant competence centres for a better representation of 
migrant workers within the ÖGB and to give workers with a migrant background a voice 
in internal trade union and societal debates, the ÖGB Upper Austria followed this idea 
and  created  the  Forum.  For  example,  one  of  the  specific  ideas  is  that  spaces  for 
candidates  for  the  Chamber  of  Labour  (Arbeiterkammer)159  are  reserved  for  workers 
with a migrant background.  

Today the Forum is unique and exists only in Upper Austria. There is no other similar 
format at federal level nor in other federal entities in Austria.  

In this regard, the ÖGB co-leader of the Upper Austrian region interviewed mentioned 
that  Upper  Austria  has  always  been  a  pioneering  region  with  regard  to  integration 
policies. This may have to do with the fact that a good share of migrant workers also 
works in this region. Hence, politics have shown more sensitivity around this topic. It 
should  also  be  mentioned  that  many  associations  with  links  to  the  various  migrant 
communities have been supported (financially by the Land Upper Austria) and developed 
on an on-going basis in the region. This, in turn, also contributed to better networking 
with the ÖGB.  

Representatives  of  the  Forum  interviewed  for  this  study  highlighted  that  the  issue  of 
discrimination  based  on  ethnic  origin  together  with  racism  have  again  become  more 
widespread. In particular, it was observed that discrimination on multiple grounds has 
increased  recently  –  specifically  as  far  as  women  with  migrant  background  are 
concerned. There are more issues also about sexual harassment at the workplace. Such 
topics are also debated with the ÖGB representatives responsible for equality issues for 
men and women (Women Committee).  

158  The  website  for  the  association  can  be  accessed  here:  https://migrare.at/;  The  ÖGB  does  not  officially 
support this association, but it is now the Chamber of Labour for Upper Austria and the Land Upper Austria 
and other partners. The ÖGB still provides their premises for some of the support services provided by Migrare 
in some areas in Upper Austria.  
159 This is equivalent to the Chambers of Commerce and Trade in Austria – representatives of both chambers 
negotiate sectoral collective agreements, react to policies and provide statements on specific employment-
related proposals from the regional and federal government 

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6.1.3  Focus of the practice  

The  Forum  is  an  informal  body  that  exists  within  the  ÖGB  Upper  Austria.  It  is  also 
financially supported by the ÖGB. The Forum is a way for migrant workers or workers 
with a migrant background not only to participate in internal ÖGB debates, but also in 
discussions within the Chamber of Labour in Upper Austria. It is a Forum that is set up 
by migrant workers for migrant workers.  

Its main focus is: 

  To  help  workers  find  the  relevant  information  on  labour  law,  social  and  social 

security law, state/public services that exist to support workers; 

  To assist migrant workers in their mother tongue; 

  To  provide  information  about  worker  representation  in  companies  and  make 
migrant  workers  aware  about  the  influence  of  works  councils  as  well  as  assist 
them to eventually become themselves works council representatives; 

  To  also  assist  worker  representatives  with  a  migrant  background  in  their  daily 

work in the works council in a specific company; 

  To provide information about the role of the Chamber of Labour and its influence 
in  employment  policies,  inform  about  the  Chamber  of  Labour  elections  and 
promote ÖGB members with a migrant background so that they are represented 
in the Chamber of Labour and, as a result, make the voice of migrant workers 
heard; 

  To provide social and cultural events to foster better migrant integration and to 
raise awareness about the Forum (for example, every year the Forum has hosted 
a football competition for young migrants/migrant workers); 

  To  network  with  other  cultural  associations  linked  to  migrant  workers  and 
addressing specific issues that migrant workers face in society and their process 
of  integration.  For  example,  such  organisations  can  contribute  to  information 
evening  events  organised  by  the  Forum  on  a  wide  range  of  topics  such  as  
pensions reforms, or taxation issues; topics specifically related to labour law such 
as  the  issue  of  employer  non-compliance  in  terms  of  paying  wages  below 
collectively  agreed  wages  or  the  minimum  wage,  competence  assessments  for 
migrants  with  foreign  qualification  and  related  formal  recognition  processes; 
other  topics  such  as  social  housing  policies,  childcare  provision,  including 
contributions to such care, etc.; 

  To  network  with  anti-racism  NGOs  in  the  region  on  relevant  activities  and 

awareness raising work; 

  Networking with trade  unions in the home  countries of migrants; for  example, 
the Forum has been recently networking with Croatian trade unions in order to 
develop a better understanding of the situation of the trade union organisation 
as well as the labour market context in Croatia. 

The  Forum  is  steered  by  two  employees  of  the  ÖGB.  They  coordinate  the  work  and 
activities  and  carry  out  all  administrative  work  related  to  the  Forums’  activities  (e.g. 
sending  invitations  for  meetings,  planning,  setting  up  of  agenda  and  moderation  of 
meeting, coordination of volunteers, networking with members and associations/NGOs, 
etc). However, these two employees carry out the work concerning the Forum as a side 
function  of  their  role.  Their  main  task  is  to  work  on  the  advisory  service  for  migrant 
workers that the ÖGB provides. This, however, helps these two coordinators to network 
and raise awareness on the Forum’s work and objectives among migrant workers.  

In total, there are about 20 ÖGB members that participate in the five annual meetings 
whose number can sometimes be higher depending on the implemented activities. Yet, 

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only  about  12  of  these  regularly  contribute  to  the  work  of  the  Forum  and  its  various 
activities.  

In  terms  of  financing,  there  is  no  concrete  fixed  annual  budget,  but  the  ÖGB  Upper 
Austria provides funding where needed depending on the planned activities.  

Every four years, a chairman of the Forum and a steering board is elected (the so-called 
presidency of the Forum consists of three members). The steering board also sets the 
priorities  for  the  four-year  period  of  its  tenure.  The  chairman  of  the  Forum  is  also 
represented on the ÖGB Upper Austria executive committee and can use this platform 
to raise specific issues relating to migrant workers that are discussed within the Forum.  

The latest elections of the Forum took place in 2017. Two main priorities for the period 
2017-2021 were set: 

  Ensuring affordable living for all – as stressed, it is important that employees can 
live  from  their  income.  The  chairman  emphasises  that  the  Forum  calls  for  an 
Austria-wide uniform system of rent pricing with a rent ceiling that would enable 
even  the  poorest  25  percent  of  people  living  in  Austria  to  afford  affordable 
housing.  Furthermore,  the  Forum  argues  that  more  investment  needs  to  be 
channelled towards social housing. 

  Supporting migrant integration – the members of the forum know very well how 
difficult it is to find one's way in a new country. The ÖGB plays an important role 
in the integration of foreign workers. The Forum supports the ÖGB in continuing 
to play a pioneering role for good cooperation between people of all backgrounds 
who live and work in Austria. 

6.1.4  Activities implemented  

Every  four  years,  a  conference  is  organised  on  the  occasion  of  the  election  of  a  new 
chairperson and a new steering board of the Forum. In 2013, the conference was held 
under the theme: “Social justice and the welfare state need trade unions. Trade union 
need  diversity”.  In  the  same  year,  the  Forum  also  prepared  its  members  and 
campaigned for the elections of the regional Chamber of Labour (Arbeiterkammer). As 
a result, six members of the Forum were elected.  

In  addition,  two  Forum  members  are  represented  on  the  ÖGB’s  regional  executive 
committee  and  a  Forum  member  is  represented  on  the  ÖGB’s  regional  women’s 
committee. Hence, in Upper Austria, the ÖGB ensures representation of workers with 
migrant  background  in  their  management  structures.  This  is  very  important  for 
members  of the Forum, as it is their principal communication channel to  raise issues 
that are important for migrant workers.  

In the period 2013-2017, the following activities were implemented: 

  Communication  work:  Members  of  the 
Forum engage with local companies, local 
associations  and  ÖGB  members  (with 
migrant background) to explain the rules 
about  setting  up  works  councils  and 
inform about the Forum’s initiatives; 

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  Inter-cultural activities: such as - yearly organisation of an inter-cultural soccer 
competition among young people with a migrant background; contribution to and 
participation  in  the  regional  “Day  of  Language”  and  it’s  “information  market” 
providing  there  information  about  the 
Forums work and work of ÖGB and trade 
unions  in  general;  information  series 
and  conferences, 
including  a  small 
photography exposition on the history of 
(Gastarbeiters  – 
“guest  workers” 
temporary migrant workers that came to 
Austria as a result of a migration policy 
that invited workers to come to work in 
for  a  temporary  period  to 
Austria 
contribute  to  the  re-construction  of 
Austria after the World War II).  

  International trade union work – in 2013, at the time of the accession of Croatia 
to  the  EU,  the  Forum  engaged  with  Croatian  trade  unions  and  organised 
information and debate evenings to foster a better understanding of the situation 
in Croatia of trade union organisations and worker representation and the labour 
market  situation  more  in  general;  a  similar  initiative  was  organised  with  trade 
union members from Turkey. 

  Campaign  and  political  advocacy  work:  for 
example, a campaign on income tax reduction 
was  launched  by  the  ÖGB  as  was  a  citizen 
initiative  (through  a  parliamentary  petition) 
on  legal  changes  regarding  the  minimum 
wage and information obligations in cases  of 
relevant 
underpayment.  Other 
worker 
include  demonstrations  on  the 
activities 
Transatlantic 
Investment 
and 
Partnership 
(TTIP)  and  Comprehensive 
Economic  and  Trade  Agreement  (CETA); 
information  event  on  health  and  safety  at 
work  and  new  forms  of  health  risks  at  the 
workplace  (e.g.  psychosocial  health  risks) 
together  with  discussion  on  how  work  councils  can  help  address  these  issues; 
information  event  series  on  the  procedure  for  the  recognition  of  foreign 
qualifications in Austria as well as on-going pension reforms.  

Trade 

The main focus of the Forum is to support those that are members of a works council 
with their work in the individual companies. It should be noted that, where people with 
migrant background are elected in the works council or are the chairperson of the works 
council160,  the  company  typically  also  employs  a  higher  share  of  migrant  workers. 
However, there are also companies where this is not the case.  

6.1.5  Impact of the practice  

Key impacts seen by the interviewees of this practice is that the Forum provides a very 
good platform to exchange views and ideas between migrants, to debate in their mother 
tongue, to be active in the socio-political context in society through their trade union 
and the Forum and to influence the regional politics that may impact most on migrant 
workers,  as  well  as  to  network  with  other  migrants  working  in  various  companies  in 
their region. The initiative is a format ‘peer to peer support’ in terms of migrant workers 

160 In this case, they are fully paid for their work as works council member with corresponding paid time off. 

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helping other migrant workers to become politically involved and more closely engaged 
in their local community. This, in turn, can further enhance their integration. 

Another important factor is visibility at the Land (i.e. Upper Austria) level in both the 
ÖGB executive committee and the Chamber of Labour which, in turn, contributes to the 
integration  debate  by  emphasising  the  priorities  of  migrant  workers.  Indeed,  this 
provides a good framework for making the voices of migrant workers heard. It helps to 
mobilise  people  on  specific  topics  and  to  have  access  to  key  political  actors  at  the 
regional  level  as  well  as  to  additional  resources  such  as  advisory  services  or  training 
provision. 

As pointed out by the interviewees, it is important to have migrant workers participate 
in  the  elections  of  the  Chambers  of  Labour  and  to  mobilise  them  in  terms  of  setting 
political priorities most  relevant to them and their integration. Since the end  of 2018 
and early 2019, the Forum has again been preparing the campaign for the 2019 March 
elections of the Chamber of Labour, where the Forum members hope to win again at 
least five to six seats. This, in turn, helps both create better linkages between issues 
relating  to  migrant  integration  at  the  shop  floor  (through  the  works  councils  in 
companies), relevant issues addressed by the advisory services, and topics discussed in 
the  Forum  and  then  highlight  these  linkages  to  the  highest  political level in  the  Land 
(region), i.e. the Chamber of Labour. When being a member of the Chamber of Labour, 
this can also provide one with very good access to additional resources e.g. legal advice. 
This can also be of help when advising migrant workers on a more informal basis in the 
Forum’s members’ own work context.  

To date, the Forum’s impact has not been systematically captured nor evaluated. The 
Forum’s members and their participation has been kept at the same level over the years 
since 2009.  It is also thanks to the long involvement  of some key members that the 
Forum has continued to be as active as it is. The considerable support provided to the 
Forum by the executive management of the ÖGB in Upper Austria has also contributed 
in that regard.  

Over the past three years, in six to seven specific cases the Forum could support the 
set-up of new works councils involving migrant workers or to promote the election of a 
worker with a migrant background as the chair of the works council. There is no specific 
documentation that provides more details about these success stories. An interviewed 
beneficiary that has received the help from the Forum to become the chair of a newly 
set up works council pointed out that, in particular, the psychological support that was 
provided  by  members  of  the  Forum  was  of  importance  when  going  through  the 
procedures to set up the works council and to contest the election.  

It also helped that person to gain trust and confidence in the entire process, to choose 
the  right  training  and  properly  prepare  for  the  role  on  the  works  council.  As  was 
highlighted, it is helpful that, for any person that needs help, there is a clear contact 
point for the Forum. The  conference that takes place  every four  years is also a good 
networking event for all those that are active in works councils to exchange views and 
ideas about practical issues or success stories in relation to migrant integration and their 
more specific work in their respective works councils.  

Finally, the Forum has also contributed to an increase also in trade union membership 
of migrant workers over time.  

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6.1.6  Success factors  

Key  success  factors  that  were  identified  by  the  members  of  the  Forum  include  the 
following: 

  Having a person that “runs the Forum’s main business” – e.g. to act as the main 
contact  point  for  persons  that  are  interested  in  the  Forum’s  work  –  to  receive 
financial and political support from management of the trade union at the regional 
level; etc.  

  The ‘peer to peer’ steering approach of the Forum – i.e. the fact that the Forum 
is managed by migrant workers for migrant workers – which helps to lower the 
barrier for other migrant workers to approach the Forum’s management and their 
members; 

  Support  provided  also  in  migrants’  mother  tongue  –  it  also  adds  to  lower  the 
communication  barrier  and  make  other  workers  feel  more  comfortable  and  at 
ease since they are able to express themselves in their mother tongue; 

  Establishing  an  informal  network  among  workers  with  a  migrant  background 
which can be quickly mobilised for more concrete actions and events relevant to 
their specific needs; 

  Making use of the existing structures and political organisations – e.g. using the 
Chamber  of  Labour,  ÖGB  Upper  Austria  to  both  channel  the  voice  of  migrant 
workers and raise awareness of migrant workers’ issues; 

  Networking with other regional associations and anti-racism NGOs – e.g. in terms 
of participating in and jointly organising local events to  reach out to (migrant) 
workers that are not yet members of a trade union, but who are interested to get 
involved. 

6.1.7  Hindering factors and areas for improvement 

The key factors limiting the potential impact and areas for improvement identified are: 

  Limited  availability  of  Forum  members  –  it  depends  highly  on  their  extent  of 

personal engagement and time to volunteer to get actively involved; 

  Limited financial resources – there is budget available on-demand depending on 
specific activities, but this does not allow one to actually plan on a yearly basis. 
This  ad  hoc  basis  for  budget  allocation  makes  it  difficult  to  have  a  specific 
overview how much resources are available per year to implement events on an 
on-going basis or to plan for larger events/ more long-term activities; 

  To date, there has been no systematic evaluation of the Forum’s actions carried 
out to provide more details on their impact and to better demonstrate their reach. 
Indeed, this may be  one  of the  reasons why the Forum’s format has  not been 
replicated in other federal regions, or at the federal level of the ÖGB. To this end, 
an evaluation and a more systematic approach to documentation could improve 
the visibility of the activities and document long-term success of the initiative; 

  More systematic networking with local and regional associations, or integration 
offices  at  city/municipality  level  to  tackle  issues  of  discrimination  and  provide 
support to migrant workers or migrants in more general – this could, in turn, help 
foster  more  long-term  networking  relationships  and  to  potentially  provide  in 
partnership  more  long-term  activities.  Currently,  such  cooperation  has  been 
occurring on an ad-hoc basis. More systematic networking and collaboration with 
relevant stakeholders can also contribute to increased visibility of the objectives 
of the Forum, promote inter-cultural activities and understanding and, ultimately, 
foster better migrant integration.  

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  The  political  context  has  changed  –  the  last  federal  election  in  Austria  has 
promoted right-wing populism and stigmatisation of migrant workers. This has, 
in turn, contributed to the fact that people now feel encouraged to make more 
provoking and discriminatory statements in society, political debates and at work.  

6.1.8  Transferable elements of the practice  

The Forum is more of a “grassroots” format that can best be transferred at a regional 
or  local  level.  It  needs  active  and  engaged  trade  union  members  with  a  migrant 
background.  It  also  needs  clear  political  support  at  trade  union  management  level  to 
provide  one  specific  voice  and  representation  on  migrant  integration  in  trade  union 
management structures (positive action). The topic of migrant integration needs to be 
streamlined  across  trade  union  policies  and  the  consultation  of  the  forum  should  be 
somewhat  institutionalized  within  the  trade  unions  policy  development  structures.  It 
could also be possible to set up a  committee or work group just for  migrant workers 
similar to the dedicated women’s committee which aims at representing women better 
in trade union structures.  

It is key to have a person that manages the activities of the forum (administrator) and 
who can act as central and permanent contact point.  

The best way forward is also to connect and implement the forum’s work to any activities 
that  are  already  in  place  e.g.  advisory  services  to  migrant  workers  to  improve  the 
outreach and recruitment of members.  

The forum could also be involved in more specific training for works council delegates 
to sensitise on discrimination on ethnic grounds.  

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6.2  Belgium – Protecting Diversity Beliefs (CSC) 

6.2.1  Summary of the case study  

  Country: Belgium 

  Name  of  the  trade  union:  Christian  trade  union  confederation  of  Belgium, 

hereinafter CSC (Confédération des Syndicats Chrétiens de Belgique) 

  Title of the case study: Protecting diversity of beliefs  

  Link  to  the  website  of  the  case  study  (practice/s):  https://www.csc-en-

ligne.be/Images/brochure-diversite-convictionnelle-tcm187-426005.pdf  

  Date when the practice/s was first implemented: 2010 

  Whether practice/s still on-going: Still on-going 

  Whether the practice was included in the 2010 study: Yes 

  Sector of the trade union/practice/s: Intersectoral 

  Ground of discrimination addressed: Religion and belief 

  Short description and focus of the case study: This case study presents the 
initiatives of the CSC’s committee on diversity in tackling religious discrimination 
since 2010. The diversity committee considers that religion is one of the primary 
grounds for discrimination in Belgium. One of its set priorities is to encourage a 
debate around religion at the workplace and raise awareness of religion as an 
important dimension of diversity.  

  Short  description  of  activities:  The  CSC  developed  different  tools,  such  as 
campaigns  to  raise  awareness  on  religious  diversity,  training  sessions  on 
religious  symbols,  leaflets  to  support  delegates  confronted  with  a  case  of 
religious discrimination in a company. Activities also included the organisation of 
conferences and “study days” (journées d’étude) on religious discrimination as 
well  as  negotiations  with  employers  to  find  a  compromise  between  religious 
practices and working environment norms.  

  Short  description  of  results  and  impact:  Religious  discrimination  is 
increasingly discussed among delegates of the CSC and in companies. Workers, 
trade union delegates and employers have gained knowledge and understanding 
of  different  religions  and  their  practices.  The  number  of  participants  in  the 
training  sessions,  conferences  and  study  days  demonstrates  that  employee 
representatives are faced with these issues in companies and seek to understand 
the place of religion in employment.  Moreover, the CSC was able to negotiate 
directly  with  some  employers,  allowing  employees  more  flexibility  in  their 
working hours to practice their religion.  

6.2.2  Introduction  

The Confederation of Christian Trade Unions is the largest of Belgium's three trade union 
federations. It was founded in 1904. Today, the CSC has 22 regional federation and 16 
sectoral  unions,  with  a  membership  of  1.7  million  and  over  80,000  active  union 
representatives.  The  union  aims  to  represent  the  interests  of  all  workers,  active  and 
inactive, across the economic sectors in the topics related to employment, wages, social 
protection and the quality of life.  

The Christian trade union confederation of Belgium (hereinafter CSC) initiated practices 
to  tackle  religious  discrimination  in  2010,  shortly  after  the  creation  of  its  Diversity 

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committees  in  its  three  regional  federations.161  As  part  of  the  Christian  workers’ 
movement, protecting religious practices and freedom is a relevant component of the 
CSC’s identity. Therefore, when trade union delegates started to report an increasing 
number of issues relating to religious practices in the workplace and the difficulties of 
workers  over  the  expression  of  their  religion  and  their  beliefs,  fighting  religious 
discrimination  became  a  priority  for  the  trade  union.  As  one  interviewee  reported: 
"When  a  societal  issue  is  put  forward  and  increasingly  experienced  in  the  workplace, 
one must open the dialogue and share realities to tackle the issue.  It is necessary to 
allow workers to discuss these questions without being stigmatized".162 

Notably, the profile of the inhabitants of the Brussels-Capital region is highly diverse, 
including  in  terms  of  religion,  making  trade  union  initiatives  particularly  relevant  in 
tackling  religious  discrimination.  The  capital  counts  more  than  168  nationalities,  with 
around  one  person  in  two  having  a  foreign  origin  and  one  person  in  three  being 
Muslim.163 This context calls for intervention by trade unions to ensure the promotion of 
diversity and equality in the workplace. Although the CSC’s activity to tackle religious 
discrimination  was  agreed  at  the  national  level,  its  Brussels-Capital  region  branch  is 
more active in the implementation of relevant campaigns and training. The decision to 
tackle religious discrimination by CSC from the national level down was officially taken 
during the CSC’s national Congress in 2015, where the trade union laid down its core 
values  and  objectives  in  the  document  “Projet  de  lignes  de  force”.164  The  provision 
number 58.b states that: “We (do not) accept the prohibition of religious or ideological 
symbols or that certain clothing instructions are imposed if these decisions cannot be 
objectively and reasonably justified”.165 The CSC is the only trade union to be openly 
against the prohibition of religious symbols in its Congress document. According to the 
trade union, racism and religious discrimination should be dealt with jointly, since they 
are two closely interlinked grounds for discrimination.  

The initiative of the CSC in promoting religious diversity was included as a case study 
in  the  2010  study.  Since  then,  the  activities  have  significantly  increased  in 
number/scope  and  became  very  diverse.  While  CSC's  actions  evolved  mainly  around 
collective bargaining and the promotion of dialogue with employers in 2010, activities 
now include training programmes, publications, conferences and other events.  

6.2.3  Focus of the practice  

The  main  objective  of  the  campaign  is  to  encourage  a  debate  around  religion  at  the 
workplace and raise awareness of religion as an important dimension of diversity. The 
CSC  aims  to  promote  the  freedom  of  employees  to  wear  religious  symbols  and 
accommodate religious practices within the workplace. The activities developed by the 
CSC’s Diversity committees of the three regions of Belgium are mainly focused around 
the  issue  ‘how  to  accommodate  religious  practices  in  the  workplace’.  As  expected, 
different  questions  are  raised  in  relation  to  this  issue  depending  on  the  sector  within 
which  the  CSC’s  campaign  is  implemented.  For  instance,  in  both  the  education  and 
public sectors, a central issue is how to reconcile the neutrality of public services with 
religious  diversity.166  Overall,  the  objective  is  to  promote  a  social  dialogue  within 

161 The Diversity Committee of Flanders was created in 2006, followed by the Brussels’ Committee in 2007 
and by the Wallon Committee in 2009. 
162 Rachida KAAOISS, in charge of the Diversity Committee of Brussels region: « Quand un fait sociétal mis 
sur la table et est de plus en plus vécu en entreprise, il faut ouvrir le dialogue et partager les réalités pour 
répondre à cette question. Il faut permettre aux travailleurs de discuter de ces questions sans être stigmatisé 
».  
163 Interview with Rachida KAAOISS.  
164  Projet  de  lignes  de  force,  10  mars  2015,  congrès  CSC  https://www.csc-en-ligne.be/Images/15-03-17-
lignes-de-force-congres-csc-2015-tcm187-358175.pdf  
165 Ibid. 
166 Question raised during the study day of 4 December 2012. 

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companies on religious diversity and establish a discussion with the employer on how 
to accommodate the worker willing to practice his or her religion.  

The  target  group  is  mainly  trade  union  delegates.  Since  Belgium’s  three  regions 
implement different activities in the context of this practice, as well as specific actions 
in certain sectors, the public reached by the campaigns is very wide in terms of both 
geographical  coverage  and  type  and  range  of  activities  aimed  at  tackling  religious 
discrimination at work.  

Regarding  financial  resources,  the  budget  of  the  CSC  Diversity  Committee  principally 
comes  from  two  main  sources:  (i)  the  regional  governmental  authorities  and  (ii)  the 
monthly  contributions  of  the  CSC  members.  The  interviewees  noticed  an  important 
increase in the budget set by public authorities since 2010, which went hand in hand 
with  an  increase  in  the  CSC  Diversity  Committee's  activities.  In  the  Brussels  capital 
region,  one  person  is  fully  in  charge  of  the  activities  implemented  by  the  Diversity 
committee,  and  other  trade  union  representatives  intervene  in  the  practices 
occasionally. The remuneration of the CSC’s permanent representatives is covered by 
member’s affiliation fees.  

6.2.4  Activities implemented 

The  CSC  has  developed  a  wide  range  of  activities  in  the  context  of  its  fight  against 
religious discrimination, including training programmes, publication of books, brochures 
and leaflets, awareness-raising videos, conferences, etc. Table 13 gives an overview of 
all activities implemented since 2012.  

The ‘study day’ (journée d'étude) organized on 4 December 2012 by the CSC education 
and  CSC  public  services  was  the  starting  point  of  the  involvement  of  the  CSC  in 
promoting religious practices at work. At that ‘study day’, 121 CSC delegates gathered 
to discuss the topic “Neutrality and religion: What interaction in the public service?”. 167 
D. Cabiaux, former vice-president of the CSC public services at the time, introduced the 
conference with the following statement: "We welcomed the questions of clarification of 
our permanent and our delegates, as an invitation to debate".168 To this end, the CSC 
delegates and permanent employees were invited to discuss the following questions:  

  How present are religious symbols in the workplace? 

  What are the concerns arising from wearing religious symbols?  

  How to act when confronted with such questions at work?  

  What does the law say?  

  What is the role of union delegates, and what are the values that the CSC should 

promote?  

One year later, the CSC published the book by Dominique Cabiaux, Françoise Wibrin, 
Luan  Abedinaj  and  Laurence  Blésin169  on  the  same  topic,  which  combines  and 
summarizes the interventions of the speakers invited to the focus day (see Figure 16).170   

167 Original title: « Neutralité et faits religieux : quelle interaction dans les services publics ? »  
168 Quote from the Welcoming word of Domonique Cabiaux during the conference of 2012, transcripted in his 
book  p.7.  Original  version:  “Nous  avons  accueilli  les  questions  de  clarification  de  nos  permanentes  et 
permanents, de nos déléguées et délégués, comme une invitation (…) à débattre"  
169 Vice-president at the time of the CSC Public Services.  
170 D. Cabiaux, F. Wibring, L. Abedinaj, L. Blésin “Neutralité et Faits religieux, Quelles interactions dans les 
services  publics ? »  Academia  L’Harmattan,  2014.  Available 
from:  http://www.crisp.be/crisp/wp-
content/uploads/analyses/2014-12-05_VdeC-Academia-L_Harmattan_2014-
La_neutralite_n_est_pas_neutre.pdf (accessed 04.03.2019) 

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Figure 16. The book “Neutrality and religion: What interaction in the public service?” 

This  publication  was  notably  later  distributed  to  participants  in  training  sessions  on 
similar topics. The conferences organised touched upon different aspects of the issue of 
religion  at  work.  For  instance,  two  transregional  conferences  took  place  in  2014  and 
2018, on "religious, philosophic and ideologic symbols in the workplace"171 and "religious 
diversity in companies" respectively.172 They attracted around 40 delegates in 2014 and 
70 delegates in 2018. The conference of 2018 was particularly innovative, in that it had 
professional  actors  present,  through  role  play,  cases  of  religious  discrimination  and 
examples of relevant situations which delegates can be confronted with at work.173  

Figure 17. Transregional CSC conference held on 22 February 2018 in Brussels 

171 « Journée de formation transrégionale sur les signes philosophiques, idéologiques ou religieux ». 
172 https://www.facebook.com/CSCBHV/posts/744989232366727  
173 
https://www.facebook.com/watch/?v=483558822060401  

convictionnelle 

« Comment 

diversité 

Vidéo 

gérer 

en 

la 

entreprise ». 

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A  brochure  named  "How  to  deal  with  the  diversity  of  beliefs  in  companies?”174  (see 
Figure  18)  was  published  as  a  supporting  document  for  this  conference.  It  was  later 
widely distributed to CSC delegates and to employees directly. 

This brochure presents six concrete case studies of religious discrimination at work and 
explains the role of trade union delegates in this context. It also indicates which actions 
qualify as a discriminatory practice.   

The annexes of the brochure introduce the legislative framework for protection against 
religious  discrimination  at  national,  European  and  international  levels.  It  also 
recommends enforcement mechanisms in case of discrimination and informs employees 
and delegates on the right not to be discriminated against. 

Figure 18.   Brochure “How to deal with the diversity of beliefs in companies?” 

  List of activities implemented by the CSC to tackle religious discrimination 

Name or type of 
the practice  

Date of 
implementation 

Localisation and 
public targeted 

4 December 2012   All French-speaking 

delegates of the CSC 
were invited to 
participate. The public 
targeted was mainly 
representatives from the 
public sector.  

Delegates in the public 
and education sectors. 

April 2014 

Conference 
"Neutrality and 
religion: What 
interaction with 
public services" 

Publication by D. 
Cabiaux, Françoise 
Wibrin, Luan 
Abedinaj and 
Laurence Blésin: 
“Neutrality and 
religion: what 
interactions in the 
public services?” 

Impact and 
comments 

121 people 
present 

Better 
understanding of 
the practical issues 
of religious 
practices in the 
public and 
education sector. 

174  “Comment  gérer  la  diversité  convictionnelle  en  entreprise ? »  Available  from:  https://www.csc-en-
ligne.be/Images/brochure-diversite-convictionnelle-tcm187-426005.pdf (accessed 04.03.2019) 

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Name or type of 
the practice  

Date of 
implementation 

Localisation and 
public targeted 

Impact and 
comments 

Training on 
Workplace 
Neutrality and 
Religious symbols 

Transregional 
conference on the 
use of religious, 
philosophic and 
ideological 
symbols in the 
workplace 

Evening debate on 
religious symbols 
in the workplace, 
with the focus 
group "Tayush"175 

March 2014  

Delegates of the 
Brussels-Capital region  

50 delegates 
present  

27 November 2014  Union delegates from 

the three regions were 
invited to participate.  

40 delegates 
present  

25 March 2015 

Delegates from the 
Brussels Capital region 
as well as from the 
national CSC  

around 10 
participants 

Training on 
religious diversity.  

21 and 22 May 
2015  

Delegates from the CSC 
Mons  

14 delegates 
present 

29 January 2016  

La Louvière 

11 delegates 
present 

Information 
session on  
discrimination 
when hiring and 
religious diversity 
at work 

Training on 
religious diversity 
and religious 
symbols  

Video “Stop 
Racisme au 
Boulot" 

10 November 2016  Permanent 

representatives of the 
CSC’s diversity 
committees 

2016 

Society  

2017 

Leaflet "How to 
deal with the 
diversity of beliefs 
in the workplace?” 

French-speaking 
delegates of the CSC 

All permanent 
representatives of 
the CSC's diversity 
committees in the 
training.  

Not directly 
tackling religious 
discrimination but 
issues relating to 
racism and 
discrimination are 
treated together.  

Guide to tackle 
religious 
discrimination, 
through examples 
of real-life 
situations.  

175  Non-profit  organisation  Tayush  organises  debates  on  the  integration  of  Muslims  in  Belgium 
http://www.tayush.com/  

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Name or type of 
the practice  

Date of 
implementation 

Localisation and 
public targeted 

Impact and 
comments 

Training on 
religious 
radicalisation  

5 December 2017  Permanent 

30 participants 

representatives of the 
diversity committees 

French-speaking 
delegates of the CSC 

Sources: Activity Reports 2012 – 2017 of the CSC Diversity. Available from: https://www.csc-en-
ligne.be/csc-en-ligne/La-CSC/Que-faisons-nous/csc-diversite/rapport-activites/rapport-
activites.html  

Other  activities  of  the  CSC  include  direct  negotiation  with  the  employer  to  promote 
religious diversity. The interviewee underlined the example of a situation in 2015, where 
three employees in a company producing cars did not want to work on Fridays so that 
they  were  able  to  pray.  The  employee  representatives  asked  the  CSC’s  Diversity 
Committee  of  Brussels  to  discuss  directly  with  the  employer  and  negotiate  an 
agreement.  After  discussion,  the  employer  agreed  to  be  flexible  on  Fridays  and 
requested that at least one worker out of three be present, while the other two were on 
leave.  Only  two  of  the  workers  agreed  to  these  contractual  terms,  thus  partially 
accommodating their desire to pray on Fridays.  

The CSC is also active in promoting the diversity of beliefs in collective bargaining. In 
the oil and/or service station industry, a collective agreement was signed on 3 May 2018 
with the employers of Total and included a clause guaranteeing an extra day of leave 
for "cultural reasons". A video of a delegate who contributed to the negotiations explains 
this  provision  as  follows:176  "The  employee  representative  committee  decides  on  the 
modalities of the day of leave for cultural reasons. In the Brussels Capital region, the 
employee has a choice between three days, 8th May, 11th July and 27th September.177 
In other areas, this day can be decided freely by the worker. It is a cultural leave 'à la 
carte'." 

The  action  of  the  CSC  in  promoting  religious  diversity  can  also  be  observed  in  its 
campaigns against racism, as the trade union often tackles these issues together. For 
instance, the CSC published a video named "Stop Racisme au Boulot" (Stop racism at 
work) in 2016, aimed at raising awareness and shock the viewer in relation to racism.178 
This  video  presents  a  woman  wearing  a  headscarf  being  discriminated  upon.  This 
combination  of  racism  and  religious  discrimination  is  used  only  in  CSC's  campaigns, 
according to the interviewee. Moreover, the CSC often proposes training on "Diversity" 
or "intersectionality" to its delegates. This general  title allows one to include religious 
discrimination  in  a  wider  context  and  assess  its  interaction  with  other  grounds  for 
discrimination.179  

Finally, the annual "diversity calendar" (see Figure 19 below), published by the CSC’s 
Diversity Committee of the Brussels-Capital region and widely distributed to the public, 
includes figures on religious discrimination. Similarly, the trade union press office often 

176 Video "Bruno, délégué syndical CSC chez Total, nous explique comment la délégation syndicale a mis en 
place un jour de congé régional culturel" (Bruno, trade union delegate at Total, explains how the delegation 
set  a  leave  day  for  cultural  reasons  in  a  collective  agreement  in  the  petrol  sector).  Accessible  from: 
https://www.facebook.com/CSCBHV/videos/vb.169954549870201/778638849001765/?type=2&theater   
177 These days correspond to regional celebration days. The 8th May marks the end of the Second World War, 
the 11th July is the regional holiday of Flanders and the 27th September is the regional holiday of Wallonia.  
178 Video "Stop Racisme au Boulot". Accessible from: https://www.youtube.com/watch?v=EheDC7asLAg  
179 The activity reports of the CSC Diversity between 2012 and 2017 register around 30 trainings on the topics 
"Diversity", "Intersectionality" or "Discrimination at Work". Available from: https://www.csc-en-ligne.be/csc-
en-ligne/La-CSC/Que-faisons-nous/csc-diversite/rapport-activites/rapport-activites.html    

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sends to delegates several articles based on religion and racism, to raise awareness on 
the  diversity  of  practices  and  to  inform  delegates,  for  example  on  specific  religious 
holidays (CSC's main newspapers are: “Info CSC” and “le Syndicaliste”). 

Figure 19. Page of the 2019 Diversity Calendar of the CSC 

 Legend: "Headscarf, kippa, cross, cape… What we wear does not matter, the importance lies in 
our convictions" 

6.2.5  Impact of the practice  

The campaigns and training sessions organised by the CSC are rated very positively by 
the interviewee, who considers the actions to be effective. The impact of the training 
and conferences can be observed in the number of delegates present to both types of 
events (see Table 13).  

The CSC’s Brussels Diversity Committee permanent representative also underlined the 
following impacts: 

  The  campaigns  and  leaflets  led  to  the  increase  of  direct  calls  to  the  Diversity 

Committee by employees/workers; 

  Religious discrimination became a central discussion point in media, in politics, 
and  among  workers.  This  means  that  the  goal  of  raising  awareness  on  the 
importance of protecting different religious beliefs was successful; 

  The presence and  visibility of the CSC brochures in companies means that the 
topic is popular and of interest to workers. Notably, the brochure "How to deal 
with the diversity of beliefs in companies?”180 has been printed in a high number 
of  copies:  around  800  brochures  were  distributed  in  the  Brussels  region  and 
thousands in the entire Wallonia.  

6.2.6  Success factors  

The success of the CSC's initiative to tackle religious discrimination lies predominantly 
in its  official  engagement  of  2015,  during  the  trade  union  Congress.  The  CSC  openly 
declared its opposition to the bans on religious symbols at work through the inclusion 
of line 59 in the Congress document.181 This declaration was collectively discussed by 

180 “Comment gérer la diversité convictionnelle en entreprise?” Available from: https://www.csc-en-
ligne.be/Images/brochure-diversite-convictionnelle-tcm187-426005.pdf (accessed 04.03.2019) 
181 Line 59 of the CSC Congress document states the following: "Nous accentuons nos efforts en faveur de 
diversité  en  s'opposant  à  chaque  interdiction  des  symboles  religieux  ou  idéologiques  ou  à  l'imposition  de 

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the  CSC  at  the  national  level,  thus  becoming  a  line  of  action  to  follow  for  regional 
delegations. It led to increased training sessions for delegates and encouraged the CSC’s 
diversity committees to publish leaflets on religious symbols in order to help delegates 
to  face  the  situation in their  companies.  Other  factors  of  success  were  mentioned  by 
interviewees:  

  The  CSC's  strategy  to  tackle  religious  discrimination  in  a  common  front  with 
racism is essential to gain an overview of discrimination at work in Brussels, as 
the three organisations are present in different sectors and companies. 

  The  CSC  organised  many  relevant  training  sessions  held  on  various  topics, 
dealing with different issues around religion at work. These included the question 
of religion in public services, religious symbols and practices at work, diversity of 
beliefs, and even religious radicalisation;  

  The  practices  were  initiated  at  different  levels,  either  regional  or  sectoral  (by 
sector), allowing specific action to be taken towards protecting religious diversity 
where  needed.  The  reporting  duty  to  the  national  board  of  the  CSC  allows  for 
coordination of actions;  

  Concerning resources, the budget allocated by the different Belgium regions to 
the respective CSC’s Diversity committees contributed to the effectiveness of the 
practices  towards  protecting  religious  diversity  that  were  promoted  by  this 
project;  

  Finally,  as  underlined  by  Dominique  Cabiaux,  the  method  adopted  during  the 
training sessions allowed to effectively confront delegates' prejudices on religious 
practices, by promoting an open, "no taboo" discussion.182  

6.2.7  Hindering factors and areas for improvement  

The main hindering factor pointed out by the permanent of the Diversity Committee of 
the  Brussels-Capital  region  relates  to  the  controversies  of  the  public  debate  around 
religious  symbols  at  work.  The  lively  and  polarised  public  debate  and  the  absence  of 
broad  agreement  in  society  about  such  religious  symbols  together  with  the  legal 
uncertainties  concerning  headscarf  bans,  for  instance,  are  all  factors  that  make  the 
CSC's initiative rather difficult to implement.  

6.2.8  Transferable elements of the practice  

Many elements of the practice were considered transferrable by the interviewees. The 
training  pedagogy  for  instance,  can  be  adapted  to  any  other  context.  This  pedagogy 
relies on the promotion of an open debate originating from experiences of the delegates 
and situations faced at work, as it is considered key to address effectively the practical 
conflicts arising from practicing religion at work. It also helps dismantle the prejudices 
of the delegates themselves. In this regard, CSC’s leaflet on "How to deal with religious 
diversity  at  work"  is  particularly  useful  in  presenting  practical,  real-life  situations  of 
discrimination and how best to address them.  Specifically, it uses six case studies as 
typical examples that allows one to analyse the possible reactions of employers and the 
role of the trade union delegate. This use of illustrative practical examples to highlight 
specific issues, e.g. religious discrimination at work, and effective ways of addressing 
them is clearly transferrable.  

certaines  consignes  vestimentaires,  les  exceptions  peuvent  être  discutées  dans  le  cadre  du  règlement  de 
travail s'il y a une justification objective et raisonnable."  
182 D. Cabiaux, F. Wibring, L. Abedinaj, L. Blésin “Neutralité et Faits religieux, Quelles interactions dans les 
from:  http://www.crisp.be/crisp/wp-
services  publics ? »  Academia  L’Harmattan,  2014.  Available 
content/uploads/analyses/2014-12-05_VdeC-Academia-L_Harmattan_2014-
La_neutralite_n_est_pas_neutre.pdf (accessed 04.03.2019) 

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6.3  Belgium  -  Tackling  racism  in  employment  –  Campaign  "Racism 

Game Over" (CSC/ACV, FGTB/ABVV, ACLVB/CGSLB) 

6.3.1  Summary of the case study  

  Country: Belgium 

  Names of the trade union(s): CSC/ACV, FGTB/ABVV, ACLVB/CGSLB 

  Title  of  the  case  study:  Tackling  racism  in  employment  –  Campaign  "Racism 

Game Over"  

  Links to the website of the case study (practice/s):  

CSC:  https://www.csc-en-ligne.be/csc-en-ligne/Actualite/nouvelles-2016/stop-
racisme-boulot.html 
;  https://bruxelles-hal-vilvoorde.csc-en-ligne.be/csc-en-
ligne/Actualite/CP-BHV/2017/RGO-signature-STIB.html  

FGTB: 
contre-le-racisme-en-entreprise/  

http://www.fgtbbruxelles.be/campagne-racism-game-over-luttons-

Facebook Page:  
https://www.facebook.com/pg/RacGameOver/about/?ref=page_internal  

  Date when the practice/s was first implemented: 2014 

  Whether practice/s still on-going: The practice ended in March 2018 

  Whether the practice was included in the 2010: No 

  Sector of the trade union/practice/s: Intersectoral 

  Ground of discrimination addressed: Racial or ethnic origin  

  Short  description  and  focus  of  the case  study:  Three  Belgian  trade  unions 
joined their forces to tackle racism in society and the companies of the Brussels 
region.  The  3-year  campaign  involved  trade  union  delegates  and  employee 
representatives  in  companies  who  developed  practices/tools  aimed  at  tackling 
racism directly at the workplace.  

  Short description of activities: Several tools were used to raise awareness on 

racism in the "Racism Game Over" Campaign. Those included:  

Seminars, conferences and training sessions on best practices to tackle racism 

A survey to analyse the presence of racism in Brussels-based companies 

An Inter-trade-union Declaration against racism at work, signed by delegates of 
companies  participating  in  the  campaign  (Société  des  Transports  Inter-
Communaux Bruxellois (STIB) and NH Hotel) 

Creation  of  Works  Councils  "Companies  without  Racism”  (Comité  pour  une 
entreprise sans racisme)  

  Short  description  of  results  and  impact:  The  campaign  was  a  success,  as 
media coverage testifies. The survey conducted as part of this campaign provided 
a scientific basis to assess statistically the presence of racism in companies which, 
in turn, helped foster greater commitment to tackle racism at the workplace, but 
also in the society (not only regarding the employer-employee relation but also 
the  client-worker-employer  relation).  It  also  informed  the  wider  public  on  the 
frequency  of  issues  relating  to  racism  and,  in  general,  made  the  society  more 
aware of such issues.  

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6.3.2  Introduction  

The Confederation of Christian Trade Unions is the largest of Belgium's three trade union 
federations. It was founded in 1904. Today, the CSC has 22 regional federation and 16 
sectoral  unions,  with  a  membership  of  1.7  million  and  over  80,000  active  union 
representatives.  The  union  aims  to  represent  the  interests  of  all  workers,  active  and 
inactive, across the economic sectors in the topics related to employment, wages, social 
protection and the quality of life.  

FGTB (the general federation of workers in Belgium) is the trade union at the federal 
level,  aimed  to  maintain  the  social  protection,  social  dialogue  and  the  rights  of 
employees. It was created in its current form in 1945. The federation comprises around 
1.5  million  members.  In  addition  to  the  federal  organisation,  there  are  also  regional 
representations in Wallonia, Brussels and Flanders.  

ACLVB/CGSLB (also known as The Liberal Union) is one of the three representative trade 
union organisations in Belgium with 295,000 members, 600 employees and more than 
5,000 delegates. In its current form it was established in 1930. The union aims to ensure 
the social protection of workers and the social rights of all rights holders. 

The initiative "Racism – Game Over" began in 2014, answering a budgetary line opened 
by the Brussels State Secretary of equal Chances183, to subsidise trade union and non-
profit organisations projects in the Brussels region aimed at tackling racism. The three 
dominant  trade  unions  of  the  Brussels  region,  namely  the  Christian  Trade  Union 
Confederation  (Condération  des  syndicats  Chrétiens,  CSC),  the  General  Federation  of 
Work (Fédération Générale du Travail de Belgique, FGTB) and the Liberal trade union 
(Centrale  Générale  des  Syndicaux  Libéraux  de  Belgique  CGSLB)  were  proposed  to 
cooperate in the implementation of the project/practice which, inter alia, involved, an 
extensive awareness raising campaign - terminated in March 2018. 

The  funding  proposal  to  the  three  unions  to  act  together  as  a  common  front  was 
favourably welcomed by the organisations concerned which immediately submitted their 
action plan to the State Secretary. In 15 days, the request for subsidies including a first 
proposal of the project course was drafted and sent to the State Secretary. In fact, prior 
this campaign, the three trade unions were already collaborating on similar issues in the 
Brussels region. That collaboration resulted in 1994, in the signature of a common front 
protocol  to  refuse  members  of  far-right  parties  on  the  lists  of  social  elections.  Since 
2007, Brussels’ region funds “diversity plans” in companies. These plans are approved 
in  a  public  framework  by  representatives  of  employers,  trade  unions  and  public 
authorities. That same regional funding allows the unions in Brussels to have diversity 
advisors.  

The multicultural and highly diverse demographics of the population of Brussels, where 
one person in two has a foreign origin, was underlined by the three organisations as it 
makes trade union initiatives particularly relevant in terms of promoting diversity in the 
workplace.  Inequalities  are  particularly  strong  in  this  so  called  "city-region",  as  it 
constitutes a crossroad for migration, as underlined by the International Organisation 
for Migration (OIM).184 According to the study published by IOM, after Dubai, Brussels 
is the second most cosmopolitan city in the world. Therefore, the need to address multi-
culturalism and diversity and combat any associated racism was identified as a major 
issue in the workplace and in society by social partners.  

The common front campaign "Racism Game over" was an opportunity for the three trade 
unions  to:  1.  Attract  more  funding  to  tackle  racism  and  share  financial  costs  of  the 

183 Bianca DEBAETS, Brussels State Secretary of equal chances since 2014. 
184 According to the IOM, after Dubai, Brussels is the second most cosmopolitan city in the world. IOM, Etat 
de  la  migration  dans  le  monde  2015  –  Les  migrants  et  les  villes:  de  nouveaux  partenariats  pour  gérer  la 
mobilité, 2015. Available at: http://publications.iom.int/fr/books/etat-de-la-migration-dans-le-monde-2015-
les-migrants-et-les-villes-de-nouveaux-partenariats (accessed 18.03). 

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campaign;  2.  Unite  efforts  in  companies  and  promote  delegates'  cooperation  despite 
their diverging political orientation. The campaign was officially launched on 1 October 
2015,  during  an  inter-trade-union  conference  in  the  presence  of  200  delegates  and 
employee representatives from the three organisations. It was also pursued later that 
year, despite the quadrennial social elections taking place in April 2016.185 During this 
period, the trade unions were competing with each other as they each had a political 
agenda to follow.186 However, the shared objectives of the campaign, determined prior 
beginning the campaign, helped overcome these tensions and find common ground. 

6.3.3  Focus of the practice  

The  general  aim  of  the  "Racism-Game  Over"  project  is  to  tackle  racism  in  Brussels-
based companies and more generally in society, through an extensive awareness-raising 
campaign. The Campaign was summed up in the motto "Racism Game Over – a better 
way  to  live  and  to  work  together".  Another  major  slogan  used  in  the  campaign  is: 
"Brussels, city without racism"; as mentioned in the research document of Racism Game 
Over.187 The action which involved a common front by the three trade unions aimed at 
implementing  a  comprehensive  approach  for  actions  against  racism  throughout  the 
Brussels region.  

To this end, in a common declaration, the three trade unions unanimously stated:188  

"Build  Brussels  Region  without  racism?  With  the  support  of  workers  and  unionized 
unemployed  workers,  we  can  make  a  difference.  We  are  joining  forces  across  trade 
union borders to make Brussels a city where it is nice to live and work, where everyone 
has their place. A city where the fundamental, individual and collective rights of each 
person are respected." 

à 

leurs 

délégués 

Bruxelles". 

185  Rtbf.be  underlined  this  issue  in  an  article  of  21.03.2016  "Journée  contre  le  racisme,  les  syndicats 
sensibilisent 
at: 
https://www.rtbf.be/info/regions/bruxelles/detail_journee-contre-le-racisme-les-syndicats-sensibilisent-
leurs-delegues-a-
bruxelles?id=9246974&utm_source=rtbfinfo&utm_campaign=social_share&utm_medium=fb_share&fbclid=I
wAR2vXMFz-_MHFIAwvhc3k8GDHn7I4aIdtXr74PlK3by4gLegJfbVun974yo (accessed 18.03.2019) 
186 Social elections are of major importance as they determine the number of delegates from each organisation 
that will be represented in the company every four years.  
187 Research Document "Racism-Game Over : "Résultats de l'enquête auprès des délégués et représentants 
syndicaux à Bruxelles", March 2016. Available at: https://www.csc-en-ligne.be/Images/Racism-game-over-
tcm187-399342.pdf (Accessed 20 February) 
188 Communiqué de Presse (2016), Accessible at: https://bruxelles-hal-vilvoorde.csc-en-ligne.be/Images/CP-
RGO-FR-tcm199-396584.pdf  

Available 

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6.3.4  Resources of the campaign 

In 2014, the first Racism Game Over Campaign was a one-shot action led by a Diversity 
subsidy (Employment Ministry). The project was principally financed by the Government 
of Brussels' Region, via its Equal Chances policy, who allocated a fixed annual budget in 
2015. Following the trade unions' requests for  similar budgets in the following years, 
the government maintained its subsidies, although with decreasing amounts. The first 
year (March 2015- March 2016) of project implementation, a budget of 75,000 Euros 
was granted to the three trade unions, which they split according to their density (40% 
for  the  CSC  and  the  FGTB,  and  20%  for  the  CGSLB  which  has  fewer  members).  The 
second year, 50,000 Euros were allocated. This came as a surprise for the trade unions, 
who expected a similar budget as in 2015-16. Finally, for 2017-2018, only 9,000 Euros 
were granted to the campaign. This marked the last year of the project as it represented 
a significant funding cut in trade unions' activities and ambitions.  

The project-related finances were managed differently by each organisation, despite the 
objective  to  jointly  lead  a  common  front  campaign.  The  interviewees  underlined  that 
certain activities, such as training sessions, were more effectively organised at the trade 
union level. Indeed, each trade union implemented their own training sessions, because 
it was important to teach their representatives the values and strategies adopted by the 
organisation to tackle racism (see).  

6.3.5  Objectives 

Objectives were set collectively by the CSC, FGTB and CGSLB every year according to 
the  budget  allocated  by  the  Region.  To  determine  these  objectives,  the  three  trade 
unions relied on the ideas submitted by the respective union delegations and employee 
representatives directly working in the companies. Indeed, the aim of the campaign was 
to adopt a 'bottom-up' approach: initiatives were promoted in companies to collectively 
tackle  racism.  During  each  inter-trade-union  conference,  brainstorming  sessions  and 
debates  were  organised  to  discuss  the  role  of  the  union  delegates  in  tackling 
discrimination and the possible means of action in that regard.  

In the first year of the project, the objective was to conduct a survey to understand the 
extent  of  racism  in  companies  of  the  Brussels  region.  In  the  second  year,  the  trade 
unions put in place the project 'Companies Without Racism' (Entreprise Sans Racisme) 
and drafted the inter-trade-union Declaration against racism. In the third year, budget 
cuts  reduced  the  activities  of  the  campaign.  A  one-day  inter-trade  union  forum  was 
organized to share good practices between companies in relation to tackling racism at 
the workplace.   

6.3.6  Activities implemented 

A  wide  diversity  of  actions  was  implemented  in  the  context  of  this  campaign  in  an 
attempt to act at in different professional sectors and raise awareness through various 
means.  The  Facebook  page  of  the  campaign189  lists  most  of  the  activities  and  it  was 
highly active when the campaign was ongoing. As mentioned above, the campaign was 
implemented in three stages.  

6.3.6.1  First year (2015 – 2016) (Survey) 

On 21 March 2015, the international day against racial discrimination, the three trade 
unions announced the launch of the campaign ‘Racism Game Over’ to their delegates 
and wider public. The first action taken in this context was to conduct a survey between 
September 2015 and early 2016, investigating trade union representatives' experiences 
of racial discrimination in companies. The survey sought to better assess the extent of 

189 https://www.facebook.com/RacGameOver/  

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racism in companies and in public services, and to understand the perceived factors by 
delegates  of  workplace  racism.  It  was  conducted  in  partnership  with  academics  from 
two Universities, Université Libre de Bruxelles (ULB) and KU Leuven: Professors Nouria 
Ouali and Albert Martens. The publication of the results had important repercussions in 
terms of press coverage, as can testify the number of articles published.190  

Figure 20. Results  of the survey to the question  "Towards whom are  expressed  racist 

and discriminatory behaviours observed"191 

Legend: "Criterion manifesting racism (regularly / rare / never)". (Top-bottom criterion: Religious 
and  philosophical  belief,  nationality,  perceived  race,  skin  colour,  original  country  language, 
parents' origin) 

In October 2015, a first inter-trade union seminar attracted around 200 delegates from 
the  three  trade  unions  to  discuss  the  presence  of  racism  at  work  and  in  society. 
Employee representatives were invited to share their experiences and best practices to 
tackle racist discrimination. For that purpose, participants were separated in different 
workshops  to  brainstorm  on  these  issues  and  develop  the  content  of  the  campaign 
(tools, means of communication, ideas for brochures, etc.).  

The results of the survey mentioned above were widely discussed during this seminar. 
The  research  revealed  that  four  out  of  five  union  representatives  in  Brussels  had 
observed  the  use  of  stereotypes  and  prejudices  in  the  workplace,  and  nearly  one 
representative  out  of  three  witnessed  “evident  racist  views”.192  However,  the 
interviewees  underlined  that  only  307  delegates  out  of  10,000  in  the  Brussels  region 
responded to the survey.  The  results of this survey in no way  claim to  represent the 
views  and  practices  of  union  delegates  in  Brussels  companies.  It  is,  however,  an 
interesting  survey  that  reflects  and  actualizes  some  of  the  realities  of  racism  (or  its 
absence)  in  the  workplace;  realities  always  provisional  and  partial  because  they  are 
linked  to  a  given  historical  moment  and  to  a  specific  socio-political  context.  This 

in 

important 

repercussions 

research  had 

190  This 
https://www.rtbf.be/info/regions/detail_les-syndicats-publient-une-etude-le-racisme-est-tres-courant-au-
travail?id=9441326&fbclid=IwAR2XgUJnq2q4QPuqIuZ9EvpVLAvJeUUKTNsdQT6cr5cs3UJf_GMGhqcH8PA  
191 Research Document p.9 "Racism-Game Over : Résultats de l'enquête auprès des délégués et représentants 
syndicaux à Bruxelles", March 2016. Available at: https://www.csc-en-ligne.be/Images/Racism-game-over-
tcm187-399342.pdf (Accessed 20 February) 
192 Research Document p.9 "Racism-Game Over : Résultats de l'enquête auprès des délégués et représentants 
syndicaux à Bruxelles", March 2016. Available at: https://www.csc-en-ligne.be/Images/Racism-game-over-
tcm187-399342.pdf (Accessed 20 February) 

instance  on  RTBF:  

the  press, 

for 

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relatively  little  number  of  responses,  as  interpreted  by  the  trade  unions,  is  a 
consequence of the moment of the survey (in a context of social elections, a delicate 
moment to question the actors about possible problems), but they could also be a sign 
of lack of importance given to the issue or taboos around racism.  

Figure 21. Document presenting the survey results, March 2016 

The presentation of the study during the seminar revolved around the following findings: 

  Racism in workplaces exists and is common. One delegate out of three witnessed 

“evident racist views”; 

  Racism  takes  multiple  forms,  but  often  it  is  targeted  at  specific  categories  of 

workers; 

  Certain ways to combat racism are more efficient than others; 

  It is vital to act collectively and be able to rely on others; 

  Combatting  racism  and  discrimination  is  a  priority  that  should  be  put  on  the 

agenda of trade unions. 

These observations helped to both legitimize the trade union actions in tackling racism 
and highlight the need for collective action by workers was necessary.  

Following the publication of the study, several training sessions were organised by the 
three trade unions to help union delegates tackle racism at work. For instance, CSC's 
training on "How to react when confronted to racist statements?"193 invited Professors 
Nouria Ouali and Albert Martens to present and discuss the survey results. It is important 

193  This  training  took  place  on  29  November  2016,  around  100  delegates  participated.  CSC  Activity  report 
2016, 
https://www.csc-en-ligne.be/csc-en-ligne/La-CSC/Que-faisons-nous/csc-
diversite/rapport-activites/rapport-activites.html (accessed 18.03) 

accessible 

at: 

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to  note  that  the  common  front  campaigns  of  the  trade  unions  did  not  include  the 
organisation of training; it was thus up to each organisation to set training sessions for 
their  respective  delegates.  Another  relevant  example  is  the  yearly  training  sessions 
organised by the CGSLB focussing on discrimination at work, including racism. 

Other common front actions were initiated, such as the campaign day of 21 March 2016 
(see Figure 22), where Diversity committees of the three trade unions sought to raise 
awareness in Brussels by distributing leaflets. A video was also published on the actions 
conducted that day.194  

Figure 22. CSC, FGTB and CGSLB campaigning on 21 March 2016, the International day 

against racial discrimination 

6.3.6.2  Second year (2016 – 2017), "Entreprise Sans Racisme" 

After having assessed the extent of racism in companies through the survey, the trade 
unions  decided  to  implement  campaigns  directly  in  companies  involving  employee 
representatives. The project 'Entreprise sans Racisme' (company without racism) aimed 
at creating cooperatives of delegates and workers willing to tackle racism. Employers 
were not involved in this campaign, as the trade unions decided to adopt a 'bottom-up 
approach'.  

Although five companies were selected to participate in the campaign, only two (STIB 
and  NH  Hotel)  signed  the  inter-trade  union  Declaration  against  racism.195  This 
Declaration  was  written  by  the  delegates  and  indicate  actions  taken  by  workers  and 
employee  representatives  to  promote  equality  and  inclusion  at  work  and  sanction  all 
racist behaviours in their company (see Figure 23). The Declaration was drafted during 
the information seminar of 11 September 2017, where the three trade unions discussed 
the creation of the Work Councils "Companies against Racism" and the implications for 
delegates.   

of 

on 

the 

sans 

Video 

action 

194 
https://www.facebook.com/RacGameOver/videos/1533302656973013/ 
195 The signature of these Declaration was extensively discussed in the press. For instance, "Une déclaration 
'entreprise 
: 
7sur7 
à 
https://www.7sur7.be/7s7/fr/1502/Belgique/article/detail/3109640/2017/03/20/Une-declaration-
Entreprise-sans-racisme-a-la-STIB.dhtml?fbclid=IwAR1RBsR---
C5cMQK9cFuzluecVJPiMrnFp9pExxnDhSvi_UqoAiQ80qttiI; and "Lutte contre les discriminations raciales – les 
racisme'" 
trois 
https://fr.metrotime.be/2017/03/20/news/lutte-contre-les-discriminations-raciales-les-trois-syndicats-de-
la-stib-unis-dans-une-declaration-entreprise-sans-
racisme/?fbclid=IwAR05fOVztklJCRDodO8yVTiz5JbeOBTwfo13d_W8bwvNv_rvkyKYNTPdIrc  

déclaration 

'entreprise 

syndicats 

racisme' 

March 

2016: 

STIB" 

STIB 

dans 

sans 

unis 

une 

21 

de 

la 

la 

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Figure 23. Declaration "Companies against Racism, live and work together" (FR and NL). 

The signature of the Declaration came together with the establishment of Work Councils 
'Company  Without  Racism'  in  STIB  and  NH  Hotel.  These  committees  unite 
representatives from the CSC, FGTB and CGSLB and are meant to draw up an action 
plan to tackle racism in their respective companies. 

The  STIB  (Brussels  Intercommunal  Transport  Company)  is  the  largest  employer  in 
Brussels. Delegates set up the Work Council against racism and signed the Declaration 
on  21  March  2017,  stating  that:  "Through  this  signature,  and  in  order  to  guarantee 
equal  treatment,  the  three  union  delegations  commit  to  never  belittle  racism  and 
discrimination,  to  act  concretely  to  prevent  and  tackle  it".196  The  signature  of  the 
Declaration in NH Hotel took place on 15 December 2017. According to the members of 
the newly created Work Council against racism: "The Declaration is a work instrument: 
it  is  not  a  medal  or  a  trial.  It  is  a  trade  union  commitment  to  work  on  the  issue  of 
racism."197  

https://www.7sur7.be/7s7/fr/1502/Belgique/article/detail/3109640/2017/03/20/Une-declaration-

196 
Entreprise-sans-racisme-a-la-STIB.dhtml  
197 Press release FGTB 15 December 2017: https://www.horval.be/fr/actualites/communique-de-presse-les-
delegations-syndicales-de-la-chaine-nh-hotels-signent-la-declaration-intersyndicale  

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Figure 24. Signature of the Declarations and creation of  Work Councils against racism 
in two companies, STIB (photo on the left) and NH Hotel (photo on the right). 

6.3.6.3  Third  year  (2018),  inter-trade  union  forum  against  racism,  21  March 

2018 

The  more  limited  budget  of  9,000  Euros  allocated  in  September  2017  by  the  State 
Secretary  reduced  the  ambitions  and  activities  of  the  campaign  ‘Racism  Game  Over’. 
Among other factors, the reduction of subsidies marked the end of the campaign.  

Nevertheless,  in  the  course  of  2017  and  until March  2018,  the  FGTB  organized  more 
than 20 training sessions about racism, its history and social functions, for delegates in 
several work sectors. The CSC and the CGSLB also set up multiple interventions in local 
and  regional  councils,  involving  theatre  shows198,  cinema  screenings  followed  by  a 
debate199, musical events against racism200, etc.  

The  three  trade  unions  organised  an  inter-trade  union  forum  to  allow  the  two  Work 
Councils against racism created as part of this project to meet and discuss their activities 

198 The CGSLB a playful evening "Laughs against Racism" in 2018.  
199 The CSC organised a cine-debate "Les Hommes d’Argile" with Mourad Boucif (realisator) 
200 The CSC organised the musical event against racism and antisemitism "La chanson de Sarah" with Henri 
Goldman in February 2018 

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in  that  area.  This  forum  took  place  on  21  March  2018,  the  International  day  against 
racial discrimination at the Museum of natural sciences, and involved activities such as: 
a  visit  of  the  Gallery  of  Humankind  (“our  evolution,  our  body”),  a  workshop  on  the 
discrimination sources and the legal instruments to fight them,  a presentation on the 
history of racism in Brussels region, debate on the role of the Work Council "Companies 
without  racism"  and  the  sharing/exchange  of  practices  aimed  at  tackling  racism,  an 
overview/summary of the actions/activities  undertaken during the "Racism-Game Over" 
Campaign. 

6.3.7  Partnership  

As mentioned above, the three trade unions CSC, FGTB and CGSLB are co-owners of 
this campaign acting as a common front. Although most activities which formed part of 
this project were organised collectively by these three organisations, training sessions 
were organised by each union separately. This, in turn, allowed delegates to be trained 
against  racism  as  perceived  by  the  specific  trade  union  they  are  affiliated  to,  as  the 
three unions have different political orientations (Christian, Socialists, liberals). These 
differences also had an impact on the cooperation of the three unions in this project. 
The interviewees underlined that while the CSC considered that religious discrimination 
should be addressed in the Racism Game Over campaign, the FGTB argued that issues 
of racism and religious matters, although related, should be dealt with as complex and 
often imbricated issues, but separated as being different grounds for discrimination. For 
the FGTB, an automatic assimilation of restrictions on  religious  expressions to racism 
could  jeopardize  fundamental  rights.  Thereby,  an  automatic  assimilation  of  all 
restrictions  on  religious  expressions  to  racism  could  divide  workers  as  well  as  the 
antiracist movement, instead of creating unity against racism.  

This disagreement probably played a part in the termination of the campaign. Another 
downside of the common front action underlined by trade unions has been the necessity 
to  negotiate  and  agree  on  the  orientation  of  the  campaign.  This  slowed  down  the 
decision-making process and as decisions were inevitably the result of compromises.  

Besides the trade union cooperation, the organizations involved two Professors in the 
campaign  to  conduct  and  analyse  the  survey  on  racism  at  work  that  represented  an 
important activity of this project.201 This partnership between the unions and academia 
was very fruitful and allowed the campaign to be based on precise and evidence-based 
research findings.  

6.3.8  Impact of the practice  

The impact of the "Racism Game Over"  campaign in society was assessed to be very 
important, notably thanks to the wide public media coverage, as proven by the number 
of articles written on this topic.202 The interviewee from the CGSLB underlined that "Our 

sur  5 

syndical 

confronté 

"1  délégué 

201 Professors Nouria Ouali and Albert Martens, academics from the Universities ULB and KU Leuven. Martens, 
A.,  Ouali,  N.,  (2016),  Racism  Game  Over:  Results  of  the  study  among  union  representatives  in  Brussels 
(Racism  Game  Over:  Résultats  de  l'enquête  auprès  des  délégués  et  représentants  syndicaux  à  Bruxelles), 
March 2016. 
202 
LaLibre.be: 
https://www.lalibre.be/regions/bruxelles/1-delegue-syndical-sur-5-confronte-au-racisme-lors-d-embauches-
5810c202cd701ccd4d808436?fbclid=IwAR1oOz1YGga2Q3RwfZJHpfVAxo4pfKciLW8_wMZqMTvZXBb12k8jFfx
PSrU#.WBH-MAGSt00.facebook  ;    "Les  syndicats  unis  contre  le  racisme  au  travail",  LaLibre.be: 
https://www.lalibre.be/regions/bruxelles/les-syndicats-unis-contre-le-racisme-au-travail-
5811142ecd70fdfb1a584bbf?fbclid=IwAR24QaMCr_gUQi6kUHxOJBRDLfrtfjX2rhGRiiEKHsWQJqV7rrPDoWUvH
kc#.WBHahsn5ozg.facebook  ;  "Les  syndicats  publient  une  étude:  le  racisme  est  très  courant  au  travail" 
https://www.rtbf.be/info/regions/detail_les-syndicats-publient-une-etude-le-racisme-est-tres-
rtbf.be: 
courant-au-
travail?id=9441326&fbclid=IwAR2XgUJnq2q4QPuqIuZ9EvpVLAvJeUUKTNsdQT6cr5cs3UJf_GMGhqcH8PA 
"Une 
https://www.7sur7.be/7s7/fr/1502/Belgique/article/detail/3109640/2017/03/20/Une-declaration-

lors  d'embauches", 

déclaration 

'entreprise 

racisme' 

racisme 

7sur7 

STIB" 

sans 

; 
: 

au 

la 

à 

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biggest success is that we managed to get people to talk about this topic. When society 
shares on the issue, we are not afraid of asking ourselves questions  anymore, which 
raises awareness."  

Inside the three trade unions, representatives became more aware of the issue of racism 
at work, thanks to the training sessions that were organised by each organisation. The 
Diversity Committees of the CSC, CGSLB and FGTB observed intense interest from the 
delegates  for  this  campaign,  in  terms  of  training  requests  and  attendance  at  events. 
The multiple inter-trade-union conferences and seminars welcomed up to 200 people. 
This highlights the undeniable confrontation of delegates to racism in companies. The 
survey on racism at work also allowed to be aware of the extent of the phenomenon.  

The creation of the Works Councils against racism in the STIB and NH Hotel could also 
have long-term impact in these companies, as it has brought together activists to tackle 
racism at the workplace. However, it cannot yet be assessed, as it is unsure whether 
these  Work  Councils  will  continue  their  anti-racism  activities  after  the  end  of  the 
campaign. However, interviewees were positive that the campaign would lead to future 
action  because,  thanks  to  this  project,  delegates  have  been  empowered  and  they 
committed themselves to act concretely against racism. They became the main actors 
of the activities aimed at tackling racism at work, supported by the Diversity committees 
of their respective trade unions.  

6.3.9  Success factors  

The  principal  success  factor  of  this  practice  lies  in  the  originality  of  trade  union 
cooperation in the "Racism Game Over" campaign, as it helped develop a comprehensive 
approach that trade union delegates in companies could adopt when tackling racism at 
work.  Despite  some  difficulties  in  collaborating  (see  6.3.10),  the  creation  of  Works 
Councils against racism in the STIB and NH Hotel would not have been possible unless 
union  delegates  from  different  organisations  had  acted  collectively.  To  this  end,  the 
three trade unions’ different political orientations and convictions have been put aside 
to collectively tackle racism and uphold a common belief: no one should be discriminated 
against on the basis of their origins.  

The following factors have also allowed the "Racism Game Over" campaign to have an 
important impact in the Brussels region: 

  The budget granted by the state secretary pushed forward common efforts from 

the trade unions; 

  The type of actions set up as part of this project was very versatile. For example, 
it included a declaration against racism, the creation of Works Councils against 
racism,  a  survey  of  trade  union  representatives'  experiences  of  racial 
discrimination in companies, associated research into racism at work, etc.;  

  Delegates were directly involved in the campaign and participated actively to its 
success.  Events  were  organised  to  brainstorm  and  debate  on  best  practices  in 
relation to tackling racism at work, videos were published to share experiences, 
etc. Interviewees underlined that trade union delegates were the real 'owners' of 
this  campaign  as  they  oversaw  the  implementation  of  relevant  actions  in 
companies. This responsibility contributed to relevant action and successes in the 
workplace. It was also particularly important to develop action at the company 
level because the trade unions are multi-sectoral; as a result, the heterogeneity 

Entreprise-sans-racisme-a-la-STIB.dhtml?fbclid=IwAR1RBsR---
C5cMQK9cFuzluecVJPiMrnFp9pExxnDhSvi_UqoAiQ80qttiI "Lutte contre les discriminations raciales – les trois 
racisme'"  METROTIME 
syndicats  de 
https://fr.metrotime.be/2017/03/20/news/lutte-contre-les-discriminations-raciales-les-trois-syndicats-de-
la-stib-unis-dans-une-declaration-entreprise-sans-
racisme/?fbclid=IwAR05fOVztklJCRDodO8yVTiz5JbeOBTwfo13d_W8bwvNv_rvkyKYNTPdIrc   

la  STIB  unis  dans  une  déclaration 

'entreprise 

sans 

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of  work  situations  where  racism  is  manifested  could  not  have  been  properly 
tackled at the multi-sectoral regional level; 

  Existence of a Diversity Committee in each trade union, and a person dedicated 
to the campaign at the regional level. This allowed the organisations to effectively 
communicate on and organise the events and other actions as part of this project. 
It also effectively supported actions of delegates in companies because a "contact 
point" was available and responsive in each trade union.   

6.3.10  Hindering factors and areas for improvement  

The  end  of  the  campaign  was  triggered  by  two  main  factors.  Firstly,  and  most 
importantly, the decreasing budget allocated by the State Secretary did not, in the end, 
fully cover the expenses of the campaign. Secondly, after CSC’s decision to retire from 
the campaign, the trade unions did not apply for new subsidies in 2019, due to some 
disagreement regarding the orientation of the campaign. As underlined earlier, the CSC 
(Christian trade union) considers that religious discrimination should be included in the 
fight to reduce racism and that both issues should be dealt with together as they are 
interlinked. The FGTB (socialist trade union) adopts a universalist and secular point of 
view and differentiates between these two grounds for discrimination. At FGTB, specific 
tools  on  philosophical  and  religious  issues  at  work  are  developed  and  all  kinds  of 
discrimination  are  fought.  For  FGTB,  fight  racism  must  be  universal,  antifascist  and 
anticolonial, in  order  to  respect,  protect  and  realize  all human  rights.  Those  different 
points of view were also the main hindering factors of "Racism-Game Over", as it slowed 
down decision-making process and resulted in long and unfruitful debates between the 
three trade unions.  

6.3.11  Transferable elements of the practice  

Of  the  many  tools  implemented  in  the  "Racism—Game  Over"  campaign  that  are 
transferrable to other contexts, the following can be highlighted:  

  The survey of trade union representatives is particularly relevant to understand 
the extent of racism in companies and know how to best tackle it. Whether it is 
conducted at the regional, sectoral or national level, the conclusions allow one to 
raise  awareness  in  companies  and  society  on  the  extent  and  seriousness  of 
racism;  

  The  signature  of  a  "Declaration  against  Racism",  although  being  a  symbolic 
gesture, promotes the involvement of company delegates and union structures.;  

  Common  front  initiatives  and  inter-trade  union  action  is  transferrable  to  other 
discrimination grounds. For instance, the CSC, FGTB and  CGSLB have recently 
united  their  efforts  in  strikes  denouncing  certain  unfair  measures  adopted  by 
Brussels  capital  government,  on  a  topic  unrelated  to  racism.203  This  type  of 
campaign  is  especially  effective  on  topics  that  have  little  political  relevance  or 
where social partners unanimously agree.  

Finally,  the  'bottom-up'  concept  applied  throughout  the  campaign  is  transferable  and 
favours action at the local level and commitment of actors inside companies.  

203 Manifestation of 6 November 2018 in Brussels, report available at: https://www.csc-en-ligne.be/csc-en-
ligne/Actualite/nouvelles/manifestation-nationale-6-novembre.html  

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6.4  Denmark - The Mentor programme and the FIU-Equality Training 
of  elected  union  representatives  for  greater  equality  (FIU-
Equality) 

6.4.1  Summary of the case study  

  Country: Denmark 

  Name of the trade union: FIU-Equality (FIU-ligestilling) 

  Title of the case study: The Mentor programme and the FIU-Equality Training 

of elected union representatives for greater equality 

  Link to the website of the case study (practice/s)  

booklet 

The 
the 
ligestilling.dk/en/tools_materials/fiu-equality-training-of-elected-union-
representatives-for-greater-equality/ - enables one to download the Booklet "FIU-
Equality Training of elected union representatives for greater equality" 

http://fiu-

courses: 

training 

and 

Mentor programme: http://fiu-ligestilling.dk/mentorprojekt/mentor/  

  Date  when  the  practice/s  was  first  implemented:  The  Mentor  Programme 
was first implemented in December 2016, the education programmes started in 
2005 

  Whether practice/s still on-going:  Both practices are still on-going  

  The practices were not included in the 2010 study  

  Sector of the trade union/practice/s: Multiple sectors 

  Ground of discrimination addressed: Racial and ethnic origin  

Short  description  and  focus  of  the  case  study:  Mentor  programme  -  The 
Mentor  programme  was  set  up  for  migrants  coming  to  Denmark,  who  are 
interested in working in sectors covered by the union. Members of the union have 
usually vocational education background, such as blue-collar workers, plumbers 
or nursing assistants. It contributes to their integration in the labour market, and 
ensures similar wages and working conditions for refugees 

The  Booklet  FIU-Equality  Training  of  elected  union  representatives  for  greater 
equality provides an overview of the FIU-Equality activities. The union provides 
various  education  programmes  and  training  courses  about  equality,  primarily 
targeting  so-called  shop  stewards,  i.e.  elected  representatives  in  FH’s  member 
unions.  

Short  description  of  activities:  In  the  course  of  the  Mentor  programme,  the 
FIU-Equality  offers  various  activities  for  both  mentors  and  mentees,  such  as 
training courses/sessions and conferences. 

The trade union runs several activities, such as conferences, training courses, or 
the production of publications on relevant topics, such as cultural understanding 
and ethnic equality or LGBT rights.  

Short description of results and impact: The Mentor programme resulted in a 
greater connection of migrant workers to the labour market, enhanced conditions 
for these workers, and increased knowledge about their rights. 

The training sessions enabled shop stewards to acquire greater knowledge about 
antidiscrimination issues which can then be applied in cases of discrimination at 
the workplace and also help its prevention. 

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6.4.2  Introduction  

The  FIU-Equality  (FIU-ligestilling)  is  the  trade  union  training  organisation.  The  union 
was  established  when  the  partners  came  together  –  The  Danish  Metalworkers’  Union 
(Dansk  Metal),  the  National  Federation  of  Trade  Unions  in  the  Service  Sector 
(Serviceforbundet) and the United Federation of Danish Workers (3F).204 FIU-Equality 
doesn’t have a secretariat or staff in the traditional sense; the development tasks are 
undertaken of by a network of resource persons and volunteers.  

The  organisation  provides  a  wide  range  of  activities  in  relation  to  the  promotion  of 
equality, including training courses, education programmes, mentor programmes, and 
conferences, mainly for the elected representatives (so-called shop stewards) in the FH 
member  unions.205  The  union  primarily  targets  gender  and  ethnic  minorities  when  it 
comes to equality206.  

The  Danish  labour  market  is  becoming  more  ethnically  diverse  and  the  proportion  of 
those  with  a  non-Danish  ethnic  background  among  FH’s  members  has  increased.207 
Therefore, the trade union has to act in accordance with this Danish labour market trend 
towards greater ethnic diversity. It requires putting more emphasis on enhanced inter-
cultural  understanding  and  increased  knowledge  of  inter-cultural  communication, 
particularly when it comes to shop stewards.208 

6.4.2.1  The Mentor Programme 

The Mentor programme was set out for migrants coming to Denmark, who are interested 
in  working  in  sectors  that  the  union  is  covering.  It  contributes  to  their  improved 
integration in the labour market and ensures greater equality for migrants in terms of 
wages and working conditions in comparison to native Danish workers. Similar wages 
and working conditions for refugees. Any worker can become a mentor to a refugee and 
spend at least four hours a month to support that individual. A mentee agrees to meet 
with a mentor one or twice a month over a period of six months.209 

The trade union aims to provide support for people coming to Denmark. Members of the 
trade  union  can  apply  to  be  a  mentor  on  voluntary  basis;  the  trade  union  then  pairs 
him/her with an appropriate mentee. 

As  reported  by  the  representative  of  the  FIU-Equality,  the  Mentor  programme  was 
initiated mainly because of the union’s goal to play an active role in promoting equality 
on the labour market. In fact, it is embedded in its founding principles – solidarity and 
integration. Another reason was to protect labour rights in Denmark in general, as this 
initiative results in more people acquiring useful knowledge about workers’ rights.  

During  tripartite  negotiations,  an  agreement  was  made  regarding  the  increased 
integration  of  migrants  into  the  labour  market.  The  Mentor  programme  could  be 
understood as a practical follow-up from this agreement.  

Besides the above-mentioned reasons for initiating the Mentor programme, as reported 
by the representative of the FIU-Equality, the inception of this practice was also linked 
to the higher inflow of refugees to Denmark. 

204 http://fiu-ligestilling.dk/en/who-we-are/  
205 FIU-Equality Training of elected union representatives for greater equality, p. 9 
206 http://fiu-ligestilling.dk/en/who-we-are/  
207 The proportion increased from 7.1% in 2007 to 8.5% in 2013 among one million LO (since 1.1.2019 after 
two confederations merged, it became FH) members. (FIU-Equality Training of elected union representatives 
for greater equality, p. 10) 
208 FIU-Equality Training of elected union representatives for greater equality, p. 10 
209 http://fiu-ligestilling.dk/mentorprojekt/mentee/  

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6.4.2.2  Booklet  “FIU-Equality  Training  of  elected  union  representatives  for 
greater  equality”  and  associated  activities,  such  as  Equality  training 
courses/sessions  

The second initiative analysed in this case study is The Booklet "FIU-Equality Training 
of elected union representatives for greater equality"210, which represents an overview 
of the trade union’s activities in this area.  

The trade union provides various education programmes and training courses/ sessions 
about equality, focused primarily on gender, ethnicity and race. The organisation mainly 
targets shop stewards, union representatives at the workplace, who are protected by 
the union. As was reported by the interviewees, this strategy enables the union to be 
closer to its members. 

The reasons to initiate the Booklet and associated activities were mainly linked to the 
union’s ultimate goal of creating a more equal labour market and ensuring that people 
are  treated  equally,  including  promoting  equality  for  workers  with  different 
backgrounds.   

The following legislative acts helped to initiate the practice: 

  The Act on Equal Treatment; 

  The Act Prohibiting Discrimination in the Labour Market.211 

The activities represent a long-standing trade union commitment to equality, which the 
union has been promoting since 2005.  

In  addition  to  the  influence  of  the  legislative  acts,  some  societal  changes  have  also 
contributed to the inception of the initiative. For example, the representative of the FIU-
Equality reported that when there is economic growth, it is of course easier for migrants 
to  find  a  job.  In  contrast,  if  the  country  faces  an  economic  recession,  integration  of 
these workers into the labour market becomes more difficult. The union is aware of that 
as  well  as  of  the  greater  vulnerability  of  these  workers  and  their  higher  need  to  be 
protected. Furthermore, the need of representatives of migrant workers within the union 
to be aware of these issues is also recognised by the union.  

6.4.3  Focus of the practice  

6.4.3.1  The Mentor programme 

According  to  the  representative  of  the  FIU-Equality  the  main  objective  of  the  Mentor 
programme  is  to  ensure  that  everybody  coming  to  Denmark  works  under  the  same 
conditions  (based  on  what  is  generally  agreed).  Further,  it  aims  to  prevent  migrant 
workers  from  being  treated  unequally.  This  also  relates  to  supporting  the  better 
functioning of the labour market, because protecting migrant workers is closely linked 
to promoting equal employment rights to everybody.  

The initiative aims to help newly arrived persons to Denmark to get closer to obtain a 
job or access education. The role of mentors involves informing them about their rights 
as workers and as citizens in Denmark. More specifically, the mentoring activities entail 
giving advice to mentees about working conditions and wages and about how the labour 
market is organised. Mentors also provide a range of very practical information, such as 
how to read a payslip. As a result, mentees should be aware of how the labour market 
works,  what  to  expect,  when  and  where  to  complain  regarding  employment-related 

210 Please note that when referring to the Booklet, trainings, or education programmes in this case study, we 
refer to the practice/initiative as a whole, which entails a wide range of activities offered to the elected union 
representative, with particular focus on ethnic minorities and workers with migrant background. 
211 FIU-Equality Training of elected union representatives for greater equality 

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issues, etc. Most importantly, they are made to understand that they have the right to 
be treated equally.  

The  role  of  the  trade  union  in  this  process  resides  in  finding  an  appropriate  match 
between a mentor and a mentee, while putting emphasis on pairing those coming from 
the same sector. In addition, the FIU-Equality has regular follow-ups with mentors, so 
mentees  feel  well-supported  throughout  the  process.  The  trade  union  gives  them  a 
perspective about how to be a good mentor.  

The characteristics of a mentee are the following: 

  He/she has a residence permit or is an asylum seeker with a work permit; 

  He/she  speaks  Danish  or  English  at  a  level  that  makes  it  possible  to  have  a 

conversation with a mentor; 

  He/she seeks advice and guidance on education or job opportunities in Denmark. 

  He/she wants to know his or her rights on the Danish labour market.212 

The characteristics of a mentor are the following: 

  A  local  man  or  woman  who  will,  voluntarily,  share  his/her  industry/sector 

knowledge and professional networks with a mentee; 

  A local man or woman who will spend his/her free time to guide a mentee closer 

to job or education opportunities in Denmark; 

  A local man or woman who is a member of a labour union and can introduce a 

mentee to his/her rights as a worker.213 

Financial resources are primarily required for having people to run the programme, such 
as setting up the mentoring system, conducting follow-up conversations with mentors 
and other related activities.  

The  programme  combines  two  different  types  of  funding  –  internal  union  funds  and 
public funds (through a publicly-funded programme on the integration of migrants). The 
initiative is one of the union’s long-term activities; therefore, the union uses its internal 
staff capacity – employees – to run this programme.  

Given that the  resources from public funds were project based and, therefore, lasted 
only  for  definite  period  of  time  (two  years),  the  Mentor  programme  faces  some 
challenges in terms of sufficient funding for its long-term sustainability. As pointed out 
by interviewees, the programme would require more funding to fulfil its potential.  

Indeed, the union is making a concerted effort to obtain more funding in order to ensure 
the  continuation  of  the  mentor  programme  in  the  long-term.  The  union  is  currently 
actively looking into new opportunities for funding, such as big private foundations and 
some EU funding instruments.  

Obtaining  public  funds  depends,  to  a  certain  extent,  on  the  current  political  situation 
and climate in Denmark. As the policy focus has shifted more towards restricting the 
number of immigrants, it is now more difficult for the union to secure public funds in 
support of migrant integration. Indeed, some concerns about having less money for the 
programme in the future were expressed by the representative of the trade union. It 
seems that this political trend towards restricted migration is likely to continue. Even 
though the union still has its own funds, the political situation described above inevitably 
influences negatively their overall level of resources. 

212 http://fiu-ligestilling.dk/mentorprojekt/mentee/  
213 http://fiu-ligestilling.dk/mentorprojekt/mentee/  

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6.4.3.2  Booklet  “FIU-Equality  Training  of  elected  union  representatives  for 
greater  equality”  and  associated  activities,  such  as  Equality  training 
courses/sessions  

The  main  aim  of  the  training  courses/sessions  is  to  educate  elected  union 
representatives,  so  they  would  understand  what  equal  treatment  entails  and, 
consequently, utilise this knowledge at the workplace itself.  

Many of the equality-related education/training programmes offered by the union were 
part-funded  by  development  funds  from  different  unions.  On  top  of  that,  the 
development of new education programmes is also financed by the union’s own funds.  

Significantly, the union has a unit that solely focuses on the prevention of discrimination 
and  covers  the  various  types  of  discrimination.  Furthermore,  this  department  also 
employs lawyers who, inter alia, deal with issues relating to discrimination at work.  

6.4.4  Activities implemented  

The  following  list  provides  an  overview  of  activities  implemented  by  the  FIU-Equality 
describe in the Booklet:214 

  Training course activities; 

  Conferences;  

  Dialogue meetings; 

  Networking; 

  Mentor programmes; and 

  Publications. 

6.4.4.1  The Mentor programme 

The Mentor programme includes carrying out a wide range of activities: 

  Various  other  activities  that  both  mentors  and  mentees  can  participate  on  a 
voluntary basis and learn something together, such as training sessions, in which 
participants can learn about different topics. 

  Conferences  –  for  example,  the  union  held  a  conference  in  2018  on  Female 
migrant workers and how the process of their integration into the labour market 
is developing. 

The union has utilised the logo for the Mentor Programme, that is displayed  in Figure 
25 below. 

214 FIU-Equality Training of elected union representatives for greater equality 

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Figure 25. The logo of the Mentor programme 

Source: http://fiu-ligestilling.dk/  

The union also disseminates the information about the Mentor programme among the 
wider public through short videos (available only in Danish), for instance on Youtube.215  

6.4.4.2  The Booklet “FIU-Equality Training of elected union representatives for 
greater  equality”  and  associated  activities,  such  as  Equality  training 
courses/sessions 

The trade union provides a wide range of tools for union representatives, for instance 
practical  advice  and  guidance  how  to  ensure  equality  at  the  workplace.  Level  of 
participation of elected  representatives depends  on how much time they have  or can 
dedicate to this.   

The activities include:216 

  Training 

sessions/courses, 

including 

communication  and 

inter-cultural 

competence development courses: 

-  Communication  courses  -  Trainings  in  communication  with  different  target 

groups: including ethnic minorities; 

-  Courses on Inter-cultural competencies; 

-  Female  opinion  formers  training  course  for  women  with  non-Danish  ethnic 

backgrounds; 

-  Courses for elected union representatives about relevant legislation  

  A  network  that  serves  as  a  platform  for  exchanging  good  practices  among 
network participants, e.g. equality activists and ethnic minorities. Currently, the 
trade  union  has  established  nine  networks  on  gender  and  equality  and  six 
networks for union activities for those with a non-Danish ethnic background.217 

The 

215 
here: 
can 
https://www.youtube.com/watch?v=jTU2DWJGgME  

videos 

found 

be 

https://www.youtube.com/watch?v=5L6P6ZPOaUM; 

216 FIU-Equality Training of elected union representatives for greater equality 
217 FIU-Equality Training of elected union representatives for greater equality, p. 24 

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  Diverse personnel policy and Human Resource Management (HRM) – This applies 
to situations, when elected union representatives seek to make a change at the 
workplace, promoting for instance an LGBT-inclusive working environment 

  Publications that serve as practical guides that can be used by experts, or elected 

representatives. Some examples are the following: 

- 

- 

- 

- 

- 

‘25  questions  and  answers  about  equality’.  Edited  by  Annemarie  Kruuse, 
Susanne  Fast  Jensen,  Margot  Torp  and  Hanne  Christensen.  FIU-Equality, 
2006. 

‘The union and the Danish model ensure your rights’, FIU-Equality, 2012. 

‘Equality  and  diversity’.  Written  by  Anette  Wolthers,  published  by  3F/FIU-
Equality, 2007. 

“Diverse union and member organising” – A guide with good tips and advice 
for elected representatives. Written by Kristine Esrom Raunkjær and Susanne 
Fast Jensen, FIU-Equality, 2013. 

“Mentor  programme  for  women  in  the  unions”.  Written  by  Susanne  Fast 
Jensen and Anette Wolthers, published by LO, January 2005. 

  Conferences, such as  

-  Conferences  held  on  8  March  (the  International  Women’s  day)  and  on  21 
March (the International Day for the Elimination of Racial Discrimination) to 
celebrate these days and raise awareness related issues. 

6.4.5  Partnership  

The trade union cooperates with different partners when implementing both practices 
aimed at promoting equality and non-discrimination.  

6.4.5.1  The Mentor Programme 

The  FIU-Equality  collaborates  with  different  partners  while  implementing  the  Mentor 
programme.  

The partners for this programme are the following:  

  NGOs specialising on migrants on the labour market; and  

  An association of language schools 

As NGOs have a specific knowledge regarding mentor programmes, they were tasked 
with  making  support  calls  to  participants  in  order  to  talk  about  various  issues 
encountered by both mentors and mentees throughout the process.  The FIU-Equality 
benefited from this partnership by building on the existing knowledge of the NGOs, as 
they have already implemented such programmes several times.  

The initial idea behind the cooperation with language schools was to assist the union in 
recruiting mentees among their students who have a migrant background. The schools 
offer them the possibility to be assigned to a mentor.  

The partnerships with both NGOs and language schools has worked well, as reported by 
the  FIU-Equality  representative.  The  union  appreciates  the  specialist  knowledge 
provided by NGOs in relation to engaging those with a migrant/minority background.  

A  slight  obstacle  identified  in  the  collaboration  with  the  partners  was  related  to  the 
specific background of the FH members (e.g. blue-collar workers, electricians, plumbers, 
etc). For partners, it requires some time to properly learn who the union’s members are 
and how they can properly use their knowledge in relation to the union’s members.  

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6.4.5.2  Booklet  “FIU-Equality  Training  of  elected  union  representatives  for 
greater  equality”  and  associated  activities,  such  as  Equality  training 
courses/sessions 

  On  various  education  programmes  and  training  courses,  the  trade  union 

cooperates with the following partners: 

  NGOs representing different migrant groups; 

  Experts (speakers) in equal treatment and non-discrimination; and 

  Lawyers. 

The role of the partners lies in providing knowledge that the union cannot offer based 
on its internal resources/capacity; and to ensure appropriate representation of different 
migrant and refugee groups.  

Involving the partners helps the union to acquire better understanding of the current 
situation  of  migrants  on  the  labour  market  by  receiving  specific  inputs  from  various 
organisations and experts. 

Moreover, this cooperation with partners helps the union to get closer to all members 
and  identify  properly  their  needs.  Significantly,  as  reported  by  trade  union 
representative, the partnership works well: the union has benefited from learning about 
the everyday life and needs of its members. 

Inviting  experts  was  highlighted  as  a  great  experience,  because  of  their  ability  to 
describe  issues  related  to  equal  treatment  and  non-discrimination  in  a  way  that  the 
trade union members understand. Employers were not officially involved in either of the 
initiatives.  

6.4.6  Impact of the practice  

6.4.6.1  The Mentor Programme 

Even though the practice is still ongoing, it was reported, that the intended objectives 
of the Mentor programme have already been fulfilled. Indeed, one of the key objectives 
– a greater connection of migrant workers to the labour market  – was accomplished. 
Moreover,  the  ultimate goal,  which  was  that  these  workers  do  not  work  under  worse 
conditions  that  the  rest,  was  achieved.  This  translated  into  activities  such  as  regular 
check-ups  of  working  conditions  (e.g.  contracts)  within  the  r  mentor-mentee 
relationship. 

Regarding  mentees  (i.e.  those  with  a  migrant/ethnic  minority  background),  the 
practice’s achievements are the following: 

  Certain number of mentees started some form of education, or internship, certain 

number got a job (on short-term as well as long-term contracts); 

  Increased knowledge about their employment rights;  

  Increased  awareness  of  union  membership  and  associated  benefits  –  greater 
awareness of benefits of being a member of the union (the membership is not 
mandatory; improved knowledge that they can be protected through the union; 
etc. 

It  was  reported,  broadly  speaking,  that  mentees  have  greater  knowledge  about  their 
rights and a better idea about how the Danish labour market is organised and functions. 
This has, in turn, led to lower proportion of those who are likely to work under worse 
terms and conditions on the labour market.   

It was highlighted that some aspects of the impact are difficult to measure, for instance, 
when it comes to raising awareness.  

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The representative of the trade union highlighted the following long-term impacts: 

  Refugees  become  organised  within  the  union,  which  raises  awareness  among 
relevant organisations, that develops greater knowledge of specific workers; 

  The union can now properly identify what issues workers have encountered and 

how to address them appropriately; 

  From  a  political  point  of  view,  some  mentees  who  joined  an  educational 
programme can now better negotiate with politicians about employment rights 
and legislation related to equal treatment. 

6.4.6.2  Booklet  “FIU-Equality  Training  of  elected  union  representatives  for 
greater  equality”  and  associated  activities,  such  as  Equality  training 
courses/sessions 

The  trade  union  has  been  running  a  wide  range  of  different  courses,  sessions  and 
educational  programmes  over  time  that  are  described  in  the  Booklet.  Training 
courses/sessions  of  elected  representatives  for  greater  equality  achieved  their 
objectives as shop stewards learn more and become more knowledgeable about anti-
discrimination  issues  in  relation  to  migrant  workers  on  the  labour  market.  These 
programmes  are  to  a  vast  extent  oriented  towards  shop  stewards.  Moreover,  more 
employees with migrant background become members of the union. As a result, a higher 
number of these workers is protected. 

As  a  result  of  the  union’s  education  programmes,  more  shop  stewards  acquire  skills 
related  to  one’s  ability  to  deal  with  cultural  diversity  and  ensure  prevention  of 
discrimination at the workplace. Therefore, a higher number of workplaces offers help 
in cases related to unequal treatment.  

In  the  long-term,  this  initiative  may  help  to  push  for  some  political  change  at  the 
workplace  level  thanks  to  those  who  participated  in  some  of  the  activities  and  are 
consequently  more  knowledgeable  about  antidiscrimination  and  other  related  issues. 
Furthermore, it contributes to a better working culture at Danish workplaces and to raise 
awareness about equal treatment among union members. Union representatives with 
certain power position within the union, can now better advocate for its member’s rights 
at higher political level.  

6.4.7  Success factors  

6.4.7.1  The Mentor Programme 

The representative of the trade union pointed out to a policy priority set up in Denmark 
that  helped  to  establish  the  Mentor  programme,  which  targeted  the  integration  of 
refugees into the labour market.  

Secondly, the fact that Denmark experienced economic growth facilitated the inception 
of the programme.  

Lastly, the combination of partners also contributed to successful implementation of the 
Mentor programme.  More specifically, such as  their knowledge about  union members 
with migrant background, mentor programmes in general, and the labour market.  

6.4.7.2  Booklet  “FIU-Equality  Training  of  elected  union  representatives  for 
greater  equality”  and  associated  activities,  such  as  Equality  training 
courses/sessions 

The trade union acknowledges that some action is needed in order to reach out to and, 
target members with different, including migrant/ethnic minority, backgrounds.   

There was also a need expressed by its members, as reported by the representative of 
the union, to enhance the workplace culture as well as reduce the number of culture-

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related conflicts. As underlined, it is necessary to acknowledge the benefits of having a 
diverse workplace with good inter-cultural relations.  

Equal  treatment  legislation  has  enabled  the  successful  implementation  of  the 
programmes  in  relation  to  preventing  discrimination  and  unequal  treatment.  Such 
legislation includes laws such as (i) the Act on Equal Treatment of Men and Women as 
regards to Access to Employment and Maternity Leave, etc. (introduced in 2002); (ii) 
the  Consolidation  Act  on  Prohibition  of  Discrimination  on  the  Labour  Market  etc 
(introduced 2008).  

6.4.8  Hindering factors and areas for improvement  

6.4.8.1  The Mentor Programme 

Broadly  speaking,  it  was  reported  that  the  trade  union  already  identified  some 
weaknesses during the implementation of the programme. To this end, it has already 
been targeting those areas and working towards their improvement, such as financial 
constraints, which is further elaborated on below.   

The  Mentor  programme  faces  some  financial  constraints  due  to  a  fixed  period  of  two 
years for which the union has been receiving funds. Moreover, the Danish State does 
not  provide  any  funds.  This  lack  of  economic  resources  causes  problems,  as  the 
programme  is  of  a  large  scale,  and  comprises  a  number  of  activities,  some  of  which 
require a rather significant amount of time (such as the recruitment process).  

The union is trying to address the lack of sufficient financial resources by applying for 
some  internal  as  well  as  other  funds  in  order  to  improve  the  funding  base  of  this 
programme. 

From  a  socio-political  point  of  view,  political  will  is  required  in  terms  of  supporting 
migrant  integration  into  the  labour  market.  This  should  also  be  accompanied  by  a 
political priority to invest public money in and provide support for this policy area. Since 
the  establishment  of  the  programme,  the  above  mentioned  was  fulfilled.  However, 
during the implementation period of this initiative, the political context has changed in 
that  the  Danish  political  system,  responding  to  public  concerns,  sought  to  lower  the 
number  of  migrants  coming  to  the  country  and,  as  a  result,  amended  the  law 
accordingly.  Consequently,  this  development  has  had  an  impact  on  the  mentor 
programme, not least because n the number of participants has inevitably decreased.  

There has also been wider political interest in integrating more women with a refugee 
background into the labour market in view of their lower participation in comparison to 
men. As a result, the trade union aims to adjust the mentor programme in this direction, 
e.g.  helping/mentoring  women  refugees  so  as  to  increase  their  participation  in  the 
labour  market.  Moreover,  the  latest  training  course  developed  by  the  trade  union  is 
targeted at female opinion formers with a non-Danish background. 

Lastly, a smaller issue, reported by the union representative, had to do with cooperation 
with local municipalities. As the trade union has to approach persons who have contact 
with refugees so as to reach out to them, this may be time consuming. This is one of 
the  reasons  that  makes  the  establishment  and  implementation  of  such  a  programme 
rather difficult.  

6.4.8.2  Booklet  “FIU-Equality  Training  of  elected  union  representatives  for 
greater  equality”  and  associated  activities,  such  as  Equality  training 
courses/sessions 

The success of the education programmes depends, to a certain extent, on willingness 
of  the  member  organisations  to  put  emphasis  on  the  education/training  of  their 
representatives.  For  instance,  as  reported  by  the  representative  of  the  trade  union, 
some of them decide that not a high number of representatives can attend the union’s 

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education/training programmes. Therefore, one weakness identified relates to different 
priorities  of  different  organisations  which  may  adversely  affect  the  take-up  and 
attendance of the education/training programmes.  

Over time, the union has been addressing issues such as those mentioned above s. For 
instance, it is adjusting the variety of education/training programmes they offer based 
on  what  seems  to  be  the  most  currently  relevant  topics/themes.  The  union  need 
member organisations to prioritise this area – education – which is what the FIU-Equality 
is trying to achieve.  

The union would like to be able to cover with its activities all relevant groups of workers 
on the labour market, so most would be included in its efforts to raise labour market 
equality and inclusiveness. However, these efforts require obtaining more funds, either 
internally or from external sources. Transferable elements of the practice. 

6.4.9  Transferable elements of the practice  

6.4.9.1  The Mentor Programme 

It  was  reported,  that  the  Mentor  Programme  (and  its  underlying  concept)  could  be 
transferable and serve as a good example for other countries. Provided that the model 
mentor-mentee is rather simple, it makes this practice more easily transferable to other 
countries and/or contexts. Yet, some conditions need to be met in order to this model 
to function within different contexts. For example, persons involved would need to have 
sound knowledge of how the labour market works. In addition, successful programme 
implementation in different countries requires some financial resources that is not clear 
will be available across the board. 

Booklet  “FIU-Equality  Training  of  elected  union  representatives  for  greater 
equality” and associated activities, such as Equality training courses/sessions 

The representative of the trade union reports that the implementation of such training 
depends  largely  on  a  country-specific  context.  Those  who  want  to  implement  such 
practices  need  to  be  aware  how  these  activities  are  funded,  and  who  needs  to  be 
educated/trained. 

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6.5  EU – Statement against Homophobic Bullying 

6.5.1  Summary of the case study 

  Country: European  

  Name of the trade union: ETUCE/ETUC/ILGA 

  Title of the case study: Policy statement  

  Link  to  the  website  of  the  case  study  (practice/s):  https://www.csee-

etuce.org/images/attachments/statementLGBTEN.pdf  

  Date when the practice/s was first implemented: Implemented since 2012 

  Whether practice/s still on-going: On-going  

  The practice was not included in the 2010 study  

  Sector of the trade union/practice/s: Education sector  

  Ground  of  discrimination  addressed:  Sexual  orientation,  gender  identity, 

LGBTI 

  Short description and focus of the case study: The case study is about the 
adoption  and  implementation  of  a  high-level  strategic  commitment  to  fight 
homophobia in the education sector  

  Short description of activities:  The activities were developing the initial policy 
statement and delivering a number of activities focussed on fighting homophobia 
in the education sector at the European and national levels   

  Short description of results and impact: The key result related to the adoption 
of  a  high-level  strategic  policy  commitment  which  helped  to  focus  the  ETUCE 
European  and  national  level  activities  and  gave  them  more  prominence  and 
political attention in the work of the trade unions  

6.5.2  Introduction  

ETUCE is the biggest European umbrella organisation of education trade unions. It has 
a membership of 132 national education unions in Europe and represents more than 11 
million members at all levels of education (pre-primary, primary, secondary and higher 
education,  vocational  education  and  training).  ETUCE  is  the  European  Region  of 
Education International, the global umbrella organisation of education trade unions.   

ETUCE  is  the  representative  voice  of  teachers  and  the  education  sector  at  European 
level.  ETUCE  is  the  social  partner  for  workers  in  education  in  the  European  Social 
Dialogue for Education. Its objectives include supporting teachers, academics, and other 
education  personnel  to  strive  for  appropriate  working  conditions,  e.g.  workplace, 
working 
time,  workload,  social  protection,  equality  and  protection  against 
discrimination,  representing  the  interest  of  teachers  vis-à-vis  the  EU  Institutions, 
promoting high quality education for all in Europe, promoting the development of strong 
independent and democratic education trade unions throughout the European Region, 
and  informing  the  unions  about  the  development  in  the  EU  policies  in  education  and 
employment.  

As a European Trade Union Federation within the European Trade Union Confederation 
(ETUC), ETUCE is well linked to other relevant social partners, e.g. the European Public 
Services Union (EPSU), UNI-Europa, etc. In 2010, ETUCE together with the European 
Federation of Education Employers (EFEE) achieved the establishment of the European 
Sectoral Social Dialogue Committee for Education.  

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ETUCE has a long-standing commitment to promoting the equality agenda. The issues 
related  to  the  LGBTI  agenda  have  been  included  in  the  ETUCE  multi-annual  work 
programme on a regular basis, and are discussed during the meetings of the advisory 
bodies of the ETUCE, Standing Committee for Equality and Equality Working Group. In 
2011/2012,  ETUCE  conducted  an  EU-funded  project  on  third-party  violence  in  the 
education sector. The project results highlighted that belonging to the LGBTI community 
is one of major grounds for violence and harassment against teachers, academics and 
other  education  personnel.  .  In  parallel,  ETUCE  and  ETUC  have  developed  a  long-
standing relationship with ILGA.218 For example, ETUCE has presented its work in the 
annual  ILGA’s  conferences  and  has  invited  ILGA  representatives  to  speak  at  ETUCE 
events. Hence, it was considered timely and appropriate in 2012 to adopt and promote 
a joint statement on fighting homophobia in schools.  

6.5.3  Focus of the practice  

The joint statement treats homophobic bullying in a wide sense and covers such issues 
as bullying in schools, workplaces and in society. It reaffirms the commitment of ETUCE 
and ETUC to combat homophobic bullying and recognises the special role of trade unions 
as  democratic  representative  organisations  in  promoting  equality  and  in  the 
development  and  implementation  of  anti-discrimination  policies  at  local,  regional, 
national and EU level. 

The joint statement envisaged actions at the following two levels: 

  Reviewing  education  curricula,  contents,  standards  and  materials  so  that 
teachers are empowered, trained and supported to address homophobic bullying 
when  it  occurs  at  schools  through  amongst  others  continuing  professional 
development activities. 

  Creating  and  nurturing  a  safe  environment  for  LGBTI  teachers  who  might  be 
facing  discrimination  in  their  workplaces  and  thus  address  the  labour  market 
sector discrimination.  

The  aim  of  the  joint  statement  was  to  outline  explicitly  that  schools  and  workplaces 
should  become  safe  spaces  for  learning,  teaching  and  working  irrespective  of  sexual 
orientation and /or gender identity.  

6.5.4  Activities implemented  

The work to implement the 2012 joint statement by ETUCE has been embedded in both 
in specific LGBTI focussed activities and the broader equality related work. For example, 
in all publications related to the LGBTI issues, ETUCE has referenced the joint statement 
as the core policy commitment at the strategic level.  

ETUCE also has a Standing Committee for Equality where the issues related to LGBTI 
discrimination  are  a  regular  discussion  item  in  the  Committee  meetings  reflected  in 
various recommendations produced by the Committee.  

Equality and equality topics, including LGBTI issues, are continuously on the discussion 
agenda during the ETUCE decision-making events: ETUCE Conference (every 4 years) 
and ETUCE Special Conference (every 4 years). For example, at the last ETUCE Special 
Conference in 2018, a resolution on ‘Setting the priorities to develop the ETUCE Action 
Plan for Equality, Diversity, and Inclusion’ has been adopted lobbying among others, for 
clear,  concrete  guidelines  on  combatting  harassment  and  discrimination  within  the 
education system. Looking forward, in 2020, ETUCE is preparing to present for adoption 

218 ILGA is a worldwide federation of 1515 member organisations from 152 countries campaigning for lesbian, 
gay, bisexual, trans and intersex rights.  

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to the ETUCE Conference a holistic Action Plan on the issues of diversity, equality and 
inclusion where the challenges related to the LGBTI community will be an integral part.  

ETUCE  also  participates  actively  in  the  celebrations  of  the  annual  IDAHOT  (The 
International Day Against Homophobia, Transphobia and Biphobia).219 

In relation to the broader equality work of ETUCE, the organisation is monitoring the EU 
policies  in  the  area  of  LGBTI  and  attempting  to  influence  the  EU  policy  when  it  is 
relevant. LGBTI issues  are also considered in the framework of implementing specific 
ETUCE projects. For example, in the context of running the EU CONVINCE (EU Common 
Values Inclusive Education) project on democratic citizenship and inclusive education, a 
massive  open  online  course  ‘Citizenship  and  Human  Rights  Education  for  Change’  is 
being  developed  in  2019  with  a  view  to  help  teachers,  school  leaders,  and  other 
education  personnel,  as  well  as  education  trade  unions  and  education  employers  to 
better deal with citizenship-related topics in a broad sense. LGBTI rights and issues are 
an integral part of the online course curriculum.220  

6.5.5  Impact of the practice 

For ETUCE as an umbrella European level organisation, the 2012 joint statement helped 
to  highlight  their  work  on  LGBTI  issues  and  thus  served  a  strategic  policy  framing 
purpose. Having the 2012 joint statement has thus helped to keep the union’s attention 
also on the LGBTI issues and ensure they are included in the broader equality agenda. 
Both ETUCE and ETUC used the joint statement in the EU policy making processes to 
push and promote policy results, for example, in the discussions on the horizontal anti-
discrimination  directive,  support  a  more  factual  discussion in  the  skills  and  education 
agenda. The ETUC has adopted in 2016 a Madrid declaration renewing its commitment 
to ensure the equality and non-discrimination of LGBTI people at the workplaces.221 The 
ETUC has also set up an LGBTQI rights trade union network to exchange information 
and develop joint actions among ETUC affiliates. 

At the national level of the ETUCE member trade unions, the impact of the joint 2012 
statement has been varied. This is also reflective of the national trade unions level of 
development and interest in the equality agenda. There are examples of unions where 
the statement served a sensibilisation and awareness raising purpose. For example, the 
UK teacher trade unions NASUWT, NEU, EIS and UCU have been historically active in 
addressing  the  LGBTI  issues,  through  specific  conferences  for  teachers  and  students, 
instituting a network for LGBTI issues and organising a LGBTI history month.222 In Spain, 
the national member trade unions FeSP UGT and FECCOO have undertaken activities at 
several levels, including the revision of the school curricula,  anti-discrimination media 
campaigns, school posters, interactive learning materials, awareness raising videos and 
provided counselling and support to people affected by LGBTI-based discrimination.223 
Interestingly, the Polish members highlighted the need to review the history teaching 
materials  and  bring  more  to  the  front  historical  figures  who  were  largely  left  in  the 
shadows of history textbooks due to their sexual orientation / minority backgrounds.  

https://europeanmovement.eu/news/etuc-madrid-declaration-on-the-rights-of-lgbtqi-people-in-the-

219  https://www.csee-etuce.org/en/news/archive/2573-etuce-celebrates-idahot-2018-the-international-day-
against-homophobia-transphobia-and-biphobia  
220 https://www.csee-etuce.org/en/policy-issues/2433-education-and-democratic-citizenship  
221 
workplace/  
222  https://www.csee-etuce.org/en/news/archive/2679-demanding-safe-secure-and-healthy-workplaces-for-
lgbti-teachers-in-the-uk  
223 
2017-lgbti-campaigns 
school-bullying-continues  

https://www.csee-etuce.org/en/news/archive/2113-etuce-supports-spanish-education-unions-in-their-
;  https://www.csee-etuce.org/en/news/archive/2724-the-fight-against-lgbiphobic-

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6.5.6  Success factors 

The key success factors have been identified as follows: 

  The nature of the 2012 joint statement, covering several aspects: 

-  Representing  a 

joint  commitment  of  the  two  key  European 

level 
representatives  of  trade  unions,  cross-sectoral  and  sectoral,  and  a  major 
international  level  NGO  providing  a  high-level  strategic  gravitas  to  the 
statement, 

-  Broad  nature  of  the  statement,  covering  the  discrimination  at  schools, 
workplaces and the society, which allows the statement to be applied widely 
and cover the various aspects of LGBTI related discrimination,  

-  Covering several aspects of LGBTI related discrimination, both at the level of 
school  materials,  curricula  and  training  of  teachers,  as  well  as  directly 
addressing discrimination experienced by teachers and students. The training 
of teachers is considered an aspect to be particularly important, especially in 
the initial teacher training.  

  Embedding  the  implementation  of  the  commitments  within  the  broader  ETUCE 
equality agenda, which ensures that the LGBTI issues are reflected in the ETUCE 
activities  in  a  more  cross-cutting  way.  This  also  helps  to  secure  the  necessary 
human  and  financial  resources  also  for  the  LGBTI  agenda  in  the  resource 
framework which is limited in the unions.  

6.5.7  Hindering factors and areas for improvement 

In general, the problems related to LGBTI discrimination have decreased in the labour 
market, with sexual orientation becoming less of a taboo topic. In the education sector, 
progress is steady but slow, and teachers, especially teachers who have been working 
for many years, report on a strong need for teacher training on how to teach and deal 
with homophobic bullying.  

The impact of the 2012 joint statement has been very much dependant at the national 
level on the situation on the ground. In some countries, the issue of sexual education is 
a hotly debated challenge and has been cut out or reduced from the school curricula. 
This means that the impact of the policy statement remains varied and is influenced by 
a range of national level factors.  

There  is  room  to  improve  the  space  for  cooperation  in  the  implementation  of  joint 
activities between ETUC, ETUCE and ILGA. For ETUCE, the issue of homophobic bullying 
and  broader  LGBTI  agenda  has  been  somewhat  side-lined  by  the  other  key  strategic 
challenges facing the education sector, such as the integration of migrant students and 
teachers or the gender  equality issues.  In this respect, the forthcoming equality plan 
should be instrumental in further embedding the issues of LGBTI into the ETUCE agenda 
and promoting further joint activities.  

Staff  and  financial  resource  capacity  remain  a  key  challenge  to  further  activities  in 
implementing  the  2012  joint  statement,  both  for  ETUCE  and  ETUC  members.  The 
interview partners agreed that more could have been done to implement the statement, 
but  the  trade  unions  face  a  gap  in  the  capacity  to  devote  full  attention  to  the  anti-
discrimination  agenda  due  to  the  recent  socio-economic  developments,  such  as 
consequences of financial crisis and austerity measures, as well as the threat to trade 
union rights.  

Looking forward, the 2012 joint statement will be updated in the ETUCE 2020 equality, 
diversity and inclusion plan to incorporate new developments in the education world: 

  The  increasing  digitalisation  of  education  and  the  school  environment  and  the 

resulting increased risks of cyber bullying based on sexual orientation;  

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  The  increasing  diversity  of  the  teacher  workforce  itself,  reflecting  also  the 
diversity of student body and the perspective diversity of the society at a large.  

6.5.8  Transferable elements of the practice  

A number of practice elements can be transferred successfully, namely: 

  Adopting  a  high-level  strategic  policy  commitment  to  fight  discrimination  on 
specific grounds helps to focus and highlight the union’s work on the topic under 
a  key  “banner”  and  thus  ensures  that  the  attention  to  the  issue  stays  on  the 
union’s agenda.  

  Embedding  the  work  on  a  specific  discrimination  ground  within  the  broader 
union’s equality agenda helps to ensure that the issue is not treated separately 
but is addressed through an overall equality policy approach and framework. This 
also helps to ensure that human and financial resources available are utilised in 
an optimal way.  

  Having partnerships with other unions (and confederations) and key NGOs helps 
to ensure that activities implemented are more successful and more widespread 
amongst the partners.  

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6.6  Germany  –  National  prize  award  to  projects  against  xenophobia 

and racism (Association Yellow Hand – do not bother my friend) 

6.6.1  Summary of the case study  

  Country: Germany  

  Name  of  the  trade  union/  association:  Association  Yellow  Hand  –  do  not 

bother my friend (“Gelbe Hand – Mach meinen Kumpel nicht an”) 

  Title of the case study: National prize award to projects against xenophobia and 

racism  

  Link 

to 

the  website 

of 

the 

case 

study/ 

practice: 

https://www.gelbehand.de/home/ 

  Date when the practice was first implemented: Initiative exists since 1986 

  Whether the practice is still on-going: Still on-going  

  Whether the practice was included in the 2010 study: Yes, listed in the 2010 

study (but not a case study) 

  Sector of the trade union/practice: Federal level, not sector specific 

  Ground of discrimination addressed: Discrimination on ethnic origin grounds, 

anti-racism and democracy building  

  Short description and focus of the case study: The initiative addresses young 
workers  and  apprentices  to  help  raise  awareness  about  racial  discrimination  at 
work and the need for anti-racism and the promotion of equality and diversity in 
society and at work; 

  Short  description  of  the  activities:  The  Yellow  Hand  association  hosts  each 
year  a  ceremony  to  award  a  prize  to  a  project  initiated  by  young  workers  and 
apprentices which tackles discrimination at the workplace and promotes diversity 
and  equal  opportunities.  The  association  also  provides  training  guides  and 
modules  for  vocational  training  schools  and  young  activists  to  prevent 
discrimination on the basis of ethnic origin and carries out or contributes to nation-
wide communication campaigns tackling racism and promoting equality;  

  Short  description  of  results  and  impact:  Over  the  past  ten  years,  the  prize 
competition has received a solid number of project contributions and, since 2013, 
has reached out to the political level. To this end, politicians are asked to hand 
out the prize to successful project participants. This is deemed to provide an even 
more important plank for public recognition of the voluntary engagement of young 
people  in  the  fight  against  racism  and  discrimination.  This  has  also  given  the 
competition greater visibility nation-wide and attracted more media attention and 
publicity.  

6.6.2  Introduction  

The association “Yellow Hand – do not bother my friend” (Gelbe Hand – Mach meinen 
Kumpel nicht an) has been established in Germany in 1986 following the example of the 
French  initiative  of  “Yellow  Hand”  from  SOS  Racisme  (“Ne 
touche pas a mon pote”). The sign of the yellow hand is the 
same  as  for  SOS  Racisme.  The  initiative  in  France  was 
launched  a  year  before  in  1985  on  the  occasion  of  a  large 
public concert to fight against racism in society. It kicked-off 
an anti-racism movement in particular in France due to both 
the  growing  political  importance  of  the  need  to  fight  racism 

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and  xenophobia  and  the  participation  in  the  national  election  of  the  right-wing  party 
Front National as well several racially motivated attacks against migrants from Magreb 
countries.  

In Germany, the initiative was picked up by the largest German cross-sector trade union 
Deutscher  Gewerkschafts  Bund  (DGB)  Youth  Section224  at  a  time  when  more  racist 
sentiments  were  also  expressed  in  public  against  Turkish  migrant  workers  in  that 
country. The symbol of the hand was hence also important to Germany’s initiative after 
agreement with SOS Racisme. In its early days, the association ran large public anti-
racism campaigns that were also supported by well-known German actors, politicians 
and musicians. Since then, the Yellow Hand association supported many types of actions 
organised jointly with trade unions and young workers in companies that wish to tackle 
racism and discrimination on ethnic origin grounds in the workplace.  

Over  time,  the  association  has  developed  a  growing  body  of  material  for  campaigns, 
workshops and seminars in companies, learning material for vocational training schools 
and  for  organising  the  competition  for  young  workers  and  apprentices  to  help  fund 
concrete preventive projects against racism. In Germany, the association is one of the 
oldest and long-standing initiatives that exist in terms of tackling racial discrimination.  

The association is an independent initiative but closely supported by trade unions. The 
steering and management board of the association consists of persons from major trade 
unions such as the DGB, Ver.di, IG Metall, IG Bauen Agrar Umwelt (IG BAU), and IG 
Bergbau Chemie Energie (IG BCE).  

In its early days, the association was more campaign focussed and contributed to ad-
hoc or small-scale actions. In the 1980s, the Yellow Hand association was just one of 
many initiatives and NGOs in the anti-racism movement. Since 2005, the association’s 
project  competition  for  more  diversity  and  a  solidarity-based  society  and  against 
xenophobia and racism has helped support more clearly an on-going and key initiative 
aimed  at  reaching  out  to  young  people  and  recognizing  their  commitment  to  fighting 
racial discrimination.  

6.6.3  Focus of the practice  

The  main  activity  of  the  Yellow  Hand  association  is  the  organisation  of  actions  that 
prevent racially motivated acts and prevent discrimination based on ethnic origin at the 
workplace. The association functions somewhat as a networking organisation between 
various member trade unions of the DGB (national federation of trade unions) and its 
activists  in  the  youth  area  by  providing  support  for  local  actions  against  racism  and 
producing relevant publications and information material.  

For  example,  the  Yellow  Hand  publishes  a  newsletter  that  reports  examples  from 
companies,  trade  unions  and  the  association  itself  to  show  how  one  can  campaign 
against racism and right-wing extremism and for equal treatment at the workplace. The 
newsletter helps actors from the world of work to network and provides suggestions as 
to  how  work  against  racism,  right-wing  extremism  and  for  equal  treatment  can  be 
anchored  and  implemented  in  companies,  especially  by  people  with  a  migrant 
background. 

The  Yellow  Hand  association  targets  in  principle  young  workers  and  apprentices, 
although it also seeks to reach adults.  

The association is financially supported by the DGB but has started since 2011 to also 
receive financial support through donations of supporting members of the association. 
At present, it has around 1,800 supporting members (mainly individuals but sometimes 

224  DBG  Youth  section  is  the  umbrella  organisation  for  young  trade  union  members  of  all  eight  unions 
comprising the DBG confederation. Young people are defined as up to 27 years of age, and currently the Youth 
Section  represents  around  0.5  million  young  trade  union  members.  Its  aims  to  represent  the  interests  of 
young people in employment, education and training.  

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also  companies)  whose  is  continuously  increasing.  The  association  employs  currently 
five people, of whom one to two persons are in charge of the competition, while others 
are in involved in teaching/ training and development of teaching modules. Since 2014, 
the  association  also  receives  funding  from  a  Federal  State  programme  for  more 
democratic  decision  making  and  democracy  building  for  the  association’s  youth  work 
and teaching modules.  

Since late 2018, the DGB has put in place at federal level a unit that is responsible for 
migrant  and  anti-racism  policies  and  prevention  activities  to  streamline  all  actions 
among  DGB  trade  union  members,  including  work  carried  out  by  the  Yellow  Hand 
association,  and  to  better  coordinate  actions  as  well  as  to  specifically  influence  the 
federal political level.  

6.6.4  Activities implemented  

The main activities implemented by the Yellow Hand association are as follows: 

  Since  2005,  the  project  competition  for 
young  workers  and  apprentices  handing 
out  a  prize  to  a  project/initiative  that 
tackles discrimination at work or initiates 
a  preventive  action  against  racism.  The 
competition/prize award has been placed 
under  a  changing  patronage  for  each 
competition 
the 
academic/school  year  calendar)  which 
selects  in  general  a  politician  of  a  Land 
and a representative from a trade union.  

(following 

year 

  Since 2015, it has been receiving funding 
from  the  federal  budget225  for  a  project 
called – “Young workers” (Junge Aktive). 
Within  this  framework,  the  association 
has  developed  the  specialist  unit  which 
provides  in-company  and  trade  union 
anti-racist  youth  work.  It  offers  young 
activists  advice  and  support  in  their 
commitment 
training,  vocational 
school  and  trade  union  youth  work  to 
prevent  racist  incidents  and  prevent  the 
spread  of  stereotypes.  The  unit  and  its 
staff deliver tailored lectures, workshops 
and short projects for vocational schools. 
The  teaching  units  for  equal  treatment 
and prevention of  racism and right-wing 
extremism  in  the  world  of  work  where 
also developed within this framework.226  

in 

225 Funding line of the Ministry for Families, Senior Citizens, Women and Young People – “living democracy” 
(Demokratie  leben)  –  sub-funding  line  “promotion  of  the  structural  development  to  a  federal  central 
organisation” (Förderung der Strukturentwicklung zum bundeszentralen Träger) 

226 Specific teaching material can be accessed at: https://unterrichtsmaterial.gelbehand.de/  

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funds 

federal 

  From 2017 onwards, another project came to life with 
the  support  of  the 
for  “living 
democracy”227  (Demokratie  leben).  This  project  is 
called  “Active  in  companies  for  democracy  and 
diversity”  (Aktiv  im  Betrieb  für  Demokratie  und 
Vielfalt).  The  project  develops  tailor-made  modules 
on democracy building, anti-racism work and conflict 
resolution  for  vocational  schools,  which  are  then 
tested and integrated into the training curriculum in 
accordance  with 
framework 
conditions  of  the  participating  project  companies 
(and  the  participating  apprentices).  The  material 
developed  is  evaluated  and  integrated  into  model 
modules  which  can  also  be  transferred  to  other 
companies.  The  project  staff  from  Yellow  Hand 
advises, supports and organises training courses for 
trainers on these topics (using the ‘train the trainer’ 
concept).  

the  wishes  and 

  Publication of a newsletter – under the title “active and having equal rights” (Akiv 
für  Chancengleichheit)  which  provides  examples  from  actions  of  trade  unions. 
The Yellow Hand association seeks to provide, through this newsletter which is 
disseminated widely, inspiration for preventive actions. Each year, ten issues are 
published in e-mail, online and print versions.  

  A database of best practices collects projects and initiatives dating back to the 
early days of the Yellow Hand organisation. The database includes good practice 
examples  from  trade  unions,  companies  and  vocational  schools  against  racism 
and right-wing extremism as well as for equal treatment at the workplace and in 
society.  The  database  offers  a  source  for  support  for  all  those  who  want  to 
become active themselves in the fight against racism and discrimination and are 
looking  for  suggestions  as  to  initiate  projects/  prepare  flyers  or  organise 
workshops. On the other hand, the database provides a collection of materials, 
e.g. educational material, films and posters, which can be used as a basis for new 
actions; 

  Ad  hoc  conferences  or  seminars  co-organised  with local  unions  on  the  topic  of 
anti-racism or political populism to sensitise and debate current developments in 
society; 

  Multiplier  effect  through  training  seminars  for  trade  union  activists  on  the 

prevention of discrimination based on ethnic origin grounds.  

227 Further information about the funding programme is available at: https://www.demokratie-leben.de/ 

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The  key activity carried out by the association is the project 
competition  for  ethnic  diversity,  against  xenophobia,  racism 
and for a solidarity-based community targeting young people 
in  vocational  training.  These  are  encouraged  to  contribute 
creative  ideas,  approaches  and  projects  realized  in  their 
training  company  or  vocational  training  school.  The  best 
initiative receives a prize and a financial award of 1,000 EUR. 
Those  in  the  second  and  third  place  also  receive  a  financial 
award  of  500  EUR  and  300  EUR  respectively.  In  addition,  a 
special prize goes to a selected project of the Land where the 
ceremony  is  hosted,  another  special  prize  goes  to  a  project 
connected to the DGB Youth Forum of the Land where 
the  ceremony  is  hosted  (in  2019,  it  was  hosted  in 
Saxonia)  and  another  special  prize  is  awarded  to  a 
project  connected  to  the  DGB  Youth  of  North-
Rhinewestaflia  (NRW).  The  special  prizes  linked  to  the 
DGB  youth  organisations  aims  to  honor  in  particular 
trade union youth projects.  

Here the Prime Minister 
Mrs. Schwesig of 
Mecklenburg Western 
Pomerania for the 
2017/2018 Prize 
Ceremony 

As part of the competition, the projects are evaluated on the basis of their approach to 
the  fight  against  racism  and  promotion  of  equality,  originality  and  creativity  in  the 
implementation of the project, as well as long-term effects.  

Since 2013, the competition is hosted by the Prime Minister of a Land (federal entity) 
and  a  selected  general  secretary  from  the  trade  union  side  (DGB  member).  This 
approach  has  resulted  in  increased  visibility  both  in  the  media  and  among  political 
actors.  Politicians  in  general  are  interested  to  host  the  award  ceremony  as  the 
competition  provides  a  positive  signal  of  solidarity  and  strong  statement  against 
xenophobia. 

The  first  prize  of  the  competition  in  2017/2018  was 
awarded to a project initiated by the vocational trainees 
of the Rheinbahn (a passenger railway/tram operator in 
Düsseldorf).228 The trainees initially wanted to print the 
yellow  hand  symbol  directly  on  the  train  tickets. 
However,  for  business  reasons,  this  was  not  possible. 
Hence the apprentices came up with the idea to provide 
a  printed  card  to  those  that  by  a  monthly  train 
subscription  that  can  be  added  inside  to  the  ticketing 
protection. This card is aimed to make visible that the 
train  operator  Rheinbahn  is  engaged  in  preventing 
discrimination  and  show  their  commitment  to  zero-
tolerance of xenophobia. The company Rheinbahn has 
already participated several times with various projects of vocational trainees in other 
years of the competition.  

Winning project of competition 
2017/2018 

Another  example  is  the  first  prize  from  the  2016/2017  the  competition.  This  was 
awarded to a project developed by  a class of the Paul Spiegel vocational training school 
in the city of Dorsten that helped young refugees in their region to secure a one-week 
internship to help them gain real experience in the world of work and, as a result,  to 
improve their access later on to the labour market. The group of nine people managed 
to  secure  30  internship  places  for  young  refugees  in  companies  of  various  sectors  in 
their region.229 

228  Further  information  to  the  project  can  be  found  here  in  German:  https://www.gelbehand.de/setz-ein-
zeichen/wettbewerb-20172018/wettbewerb-20172018-1-preis/ 
229  Further  information  to  the  project  can  be  found  here  in  German:  https://www.gelbehand.de/setz-ein-
zeichen/wettbewerb-20162017/wettbewerb-20162017-1-preis/ 

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6.6.5  Impact of the practice  

One of the key impacts identified by the association’s management is that the Yellow 
Hand association has now been active for more than 30 years and it is thought to have 
achieved  long-lasting  impact  through  the  large  volume  of  documentation  and 
information flyers that it has produced over all this time. It has achieved high visibility 
and  is  easily  identified  by  its  symbol  –  the  yellow  hand  –  and  material  can  be  easily 
accessed and shared online. The association is supported by all member trade unions of 
the DGB and is active across the country.  

representatives  on 

The  association’s  project  competition  for  ethnic  diversity,  against  xenophobia,  racism 
and  for  a  solidarity-based  community  is  well  known  among  trade  union  activists  and 
young people that are already engaged in trade union circles, for example, through the 
(Jugend  und 
youth 
Auszubildendenvertretung – JAV). Every year, the association receives about 40 to 50 
project  submissions  for  its  competition.  There  have  also  been  years  where  the 
competition has attracted even higher numbers of submissions. The number of project 
applications  has  not  been  affected  by  the  political  or  socio-economic  context  in  the 
country.  

companies’  works 

councils 

the 

It  has  not  been  evaluated  to  what  extent  the  projects  continued  to  be  live  after  the 
competition, or how the award was used by the winning projects. It can be observed, 
however, that companies that have been active in the competition at least once, also 
continue to engage their apprentices in the topic. Companies are interested in general 
to signal that the topic is part of their diversity management and that they are sensitive 
to the issue and act preventively. It is not typically the case that a specific racist and/or 
xenophobic incident at the workplace had previously occurred in the company so that 
the latter is active in this area.  

Within the project “Young workers” (Junge Aktive) implemented since 2015, the number 
of young people and disseminators has steadily increased: from 601 participants in 2015 
to 1,620 in 2016 to about 2,204 young persons across Germany in 2017. The results 
for  2018,  were  not  yet  available,  but  it  is  for  sure  that  at  least  the  same  number  of 
participants as in 2017 was achieved.  

6.6.6  Success factors  

Key success factors identified are: 

  Support by the DGB trade union confederation and its member trade unions – all 

are involved and linked to the work of the association;  

  Clear  symbol  and  wide  recognition  of  the  Yellow  Hand  –  the  association  is 
historically rooted in a European movement against racism and xenophobia. It is 
an easy to identify and clear concept (i.e. fight against racism) which also informs 
its political action and mission;  

  Identification of the supporting members, trade union members and participants 
of  the  project  competition,  as  well  as  employees  of  the  association  with  the 
“Yellow  Hand”  with  the  aims  of  the  association  has  contributed  to  a  multiplier 
effect  (in  terms  of  making  its  work  known  more  widely)  and  to  its  long-term 
success;  

  Clear  internet  presentation  of  the  association’s  work,  clear  positioning  on  on-
going  issues  that  concern  non-discrimination  and  diversity  policies,  regular 
updates  of  projects  implemented,  and  ad  hoc  services  provided;  newsletter 
publication  regularly  disseminated  to  a  large  share  of  trade  union  activists  to 
keep readers informed and updated on the work of the Yellow Hand activities; 

  Continuity  of  the  association’s  work  over  30  years  has  contributed  to  greater 

awareness about its actions among trade union members and activists;  

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  Continuity of chairperson’s engagement with the association’s work (i.e. the same 
chairperson has been engaged in the work of the association for more than ten 
years). This has, in turn, helped to build a network of individual and corporate 
members  which  through  their  donations  contribute  to  the  sustainability  of  the 
association’s operations. Such funding helps support the association’s day-to-day 
work as well as to raise awareness and lobby at both the political and trade union 
levels for improved actions for equal treatment, and actions against xenophobia 
such as the actions of the Yellow Hand association; 

  The project competition and updating of its format so that it now ensures political 
patronage in terms of hosting the award ceremony has increased the visibility of 
the prize and gives more prestige to the award. It also contributes to the public 
recognition  of  the  volunteering  and  engagement  of  the  young  people  initiating 
the projects that take part in the competition.  

6.6.7  Hindering factors and areas for improvement  

Hindering factors and areas for improvement identified are: 

  There is need to evaluate impact of the prize and achievements of projects that 
have been supported over a longer period. This can help to better highlight the 
achievements and contribution made by young people, in particular, in terms of 
influencing the work relationships in the respective companies. Such evaluation 
can also contribute towards raising awareness among trade union members and 
wider society and point to success stories regarding the fight against racism at 
the workplace;  

  There is need to increase awareness and visibility of the project competition more 
widely with vocational training schools and also among young people that are not 
necessarily trade union members;  

  There is need to secure on a more long-term basis sufficient budget for teaching 
and  training  modules  for  more  democracy  building  and  anti-discrimination 
policies at the workplace. The relevant youth work offer could hence be further 
extended  and  built  up  in  the  future  to  increase  the  number  of  trainers  at  the 
workplace. These could then effectively intervene in diffusing potential workplace 
conflicts  and  regularly  contribute  to  preventive  actions  in  relation  to  racism  at 
work; 

  Further linking the various actors of trade union projects and initiatives tackling 
discrimination  at  the  workplace  can  contribute  to  increased  coherence  and 
effectiveness of all combined actions combined and improve impact (for example 
Respekt! Initiative of IG Metall trade union, advisory services for migrant workers 
provided by DGB). A first step has already been taken at DGB level, the central 
office  works  reunites  key  actors  from  the  sector  specific  trade  unions  and 
including the Yellow Hand management. The DGB central office is also active in 
the “Network against racism” (Netzwerk gegen Rassismus – German member of 
the EU organisation ENAR – European Network against Racism);  

  There is need to update and maintain the good practice database which also helps 
disseminate  other  initiatives  and  projects  as  well  as  providing  guidance  and 
suggestions to assist adults to implement specific projects against racism at the 
company level. 

6.6.8  Transferable elements of the practice 

The  concept  and  action  that  can  be  transferred  is  the  project  competition  for  young 
people. It would certainly need to be adapted to the country specific context. Country 
specific  approaches  would  need  to  be  developed  to  reach  out  to  young  people,  in 

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particular in companies and vocational training schools.  Political support for the visibility 
of the competition and the engagement of young people and support from employers 
should  also  be  relatively  easy  to  obtain  as  it is  a  positive  contribution  to  the  societal 
debate around racism and it is a way to honour and recognise volunteering among young 
workers.  

The  best  possible  strategy  would  be  to  involve  all  trade  unions  in  an  effort  to  widely 
disseminate the initiative and to streamline actions that take place in trade unions and 
companies. NGOs active in the area  of non-discrimination and anti-racist movements 
can also be involved depending on the national context.  

The symbol of the yellow hand could be used throughout Europe to continue to identify 
the action to the same anti-racist cause on an EU-wide basis.  

In  terms  of  resources,  it  is  necessary  to  have  a  coordination  and  contact  point  and 
clearly  sufficient  financial  support  needs  to  be  available  to  provide  for  continuity  of 
actions and an attractive prize and award.  

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6.7  Hungary 

-  Events  on  equality  and  non-discrimination                              

(Liga Democratic League of Independent Trade Unions) 

6.7.1  Summary of the case study  

  Country: Hungary 

  Name of the trade union: Liga Democratic League of Independent Trade Unions 

  Title of the case study: Events on equality and non-discrimination 

  Link to the website of the case study (practice/s): http://www.liganet.hu/ 

  Date when the practice/s was first implemented: 2009 

  Whether practice/s still on-going: Still on-going 

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: Multiple sectors 

  Ground of discrimination addressed: Multiple 

  Short description and focus of the case study: The dedicated equality body 
of the trade union confederation organises regular events in order to 1) enhance 
the  visibility  of  equality  issues  among  trade  union  members;  2)  bring  together 
trade  unions  and  employers  to  facilitate  social  dialogue;  3)  raise  awareness  on 
discrimination through sensitivity training; and 4) provide a platform for exchange 
of experience on equality and non-discrimination among trade union members. 

  Short description of activities: Events and sensitivity training sessions on non-
discrimination  and  diversity  organised  approximately  once  or  twice  a  year  for 
trade union members  

  Short description of results and impact: The establishment of the committee 
has  helped  to  ensure  the  greater  visibility  of  equality  issues  within  the  union’s 
activities, as well as, more concretely, to provide training on the equality issues, 
and foster greater awareness of such issues amongst its members. An additional 
impact of the events is that they help to facilitate social dialogue between trade 
unions and employers.  

6.7.2  Introduction 

LIGA is the Democratic League of Independent Trade Unions established in 1988. The 
LIGA’s  nearly  100  member  organisations  are  present  in  all  areas  of  the  country  in 
geographic and sectoral terms. Its membership amounts to around 100,200 employees 
who work in all areas of life in the public and private sectors. The main task of the LIGA 
trade  unions  is  to  improve  the  living  and  working  conditions  and  social  security  of 
workers in the public sector and civil service.  

The  main  anti-discrimination  laws  in  Hungary  are  Act  CXXV  of  2003  on  Equal 
Treatment230  and  the  Promotion  of  Equal  Opportunities  (2003.  évi  CXXV.  Törvény  az 
egyenlő bánásmódról és az esélyegyenlőség előmozdításáról) and the Fundamental Law 
of  Hungary  (Alaptörvény).231  In  addition  the  regulations  of  the  European  Union  also 
influence the Hungarian Anti-Discrimination Laws. 

The Equal Protection Act prohibits the following forms of discrimination: direct negative 
discrimination;  indirect  negative  discrimination;  harassment;  unlawful  segregation; 

230 https://net.jogtar.hu/jogszabaly?docid=A0300125.TV  
231 https://net.jogtar.hu/jogszabaly?docid=A1100425.ATV  

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retribution; and any orders on committing such acts of discrimination. The principle of 
equal  treatment  may  not  be  breached  by  behaviour,  measure,  condition,  omission, 
instruction  or  practice  based  on  a  characteristic  related  to  any  of  the  grounds  for 
discrimination,  such  as  age,  social  background,  ethnic  origin,  sexual  identity,  mother 
tongue, state of health, and disability.  

In  addition,  the  Hungarian  Labour  Code  sets  forth  the  principle  of  equal  treatment 
regarding the employment relationship, especially in connection with the remuneration 
of work. Employees may ask their employer to take measures against the offender, if 
they  become  a  victim  of  harassment.  If  the  employer  does  not  take  the  proper 
measures, he too will be responsible for the harassment. In case of infringement of anti-
discrimination laws, the employee may appeal to the courts or the Hungarian Equality 
Body (Egyenlő Bánásmód Hatóság).232 

The trade union implementing the practice under study here is the Democratic League 
of Independent Trade Unions (Liga Szakszervezetek) which was founded in 1988 and 
has been supporting workers ever since. Currently, the trade union has approximately 
100-member organisations representing more than 100,000 members. The trade union 
membership is quire varied, with members coming from all over Hungary and from both 
public and private sectors.  

The  main  aim  of  the  trade  union is  to  improve  the  living  and  working  conditions  and 
social  security  of  employees  in  both  private  and  public  sectors.  Its  specific  goals  are 
focused  on  improving  the  income  levels,  employment  security,  living  and  working 
conditions of workers, improving employment legislation, and developing a good system 
of labour relations.233 

The trade union started focusing its work on non-discrimination and equal opportunities 
in 2009 when a dedicated equal opportunities team was set up from the members of 
the member organisations. . In 2014, to reinforce its efforts in strengthening the trade 
union’s work on non-discrimination, a dedicated equal opportunities committee was 
set up. The Committee has 7 members today from different trade unions and different 
sectors whose aim is to raise awareness among trade union members on discrimination 
and  equality  issues  as  well  as  to  promote  the  exchange  of  relevant  information  and 
experience among members.  

Given that no significant changes occurred in the legislation around non-discrimination 
since  2003,  the  trade  union  emphasized  that  the  establishment  of  the  team  and 
committee  and  the  implementation  of  the  activities  were  not  triggered  by  specific 
legislative or policy measures in the country. 

6.7.3  Focus of the practice 

The  establishment  of  the  equality  committee  was  expected  to  ensure  the  greater 
visibility of equality issues within the union’s activities as well as, more concretely, to 
provide a platform for the exchange of experience on such issues and ensure greater 
awareness amongst its members. The target group of the practice were the members 
of the trade union who were to benefit from more focussed work on equality issues. 

As resources to establish and implement equality focussed activities were scarce in the 
union, the equality committee staff was very pro-active in applying for external funding 
to deliver equality related activities. This external funding enabled the delivery of a wider 
range of activities which were successfully implemented by the Committee. Internally, 
the Committee is staffed by seven members who work in the committee alongside their 
daily union-related activities and organise 4 meetings per year plus the events. Since 

L&E  Global 

232 
https://knowledge.leglobal.org/wp-content/uploads/sites/2/LEGlobal_Memo_Hungary.pdf 
233 http://www.liganet.hu/page/2/html/kik-vagyunk.html  

Law  Overview 

Employment 

(2017); 

2017 

–  Hungary.  Available 

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the establishment of the team in 2009 and later the committee, members have actively 
organised events focusing on non-discrimination and diversity issues. For example, they 
have been organising approximately one or two events per year on the topic depending 
on the funding available. The current case study focuses on the most recent activities 
implemented in 2017 and 2018. The focus of these activities was to: 

  Enhance the visibility of equality issues among trade union members; 

  Bring together trade unions and employers to facilitate social dialogue; 

  Raise awareness on discrimination through sensitivity training; and 

  Provide a platform for exchange of experience on equality and non-discrimination 

issues among trade union members 

6.7.4  Activities implemented 

The  equality  committee  has  been  organising  events  since  2010  covering  different 
grounds for discrimination. The committee uses a bottom-up approach in deciding which 
areas to focus on. The grounds for discrimination on which they focus their activities are 
always  informed  by  the  needs  identified  among  their  members.  The  committee 
constantly  monitors  what  topics  relating  to  equality  and  non-discrimination  the 
members would be interested in.  

The  equality  committee  also  follows  closely  the  trends  and  developments  relating  to 
equality and non-discrimination at the EU level and takes the discussion to the national 
level. For instance, most recently it has done so in relation to the proposal for the Work 
Life Balance Directive.234  

Since  2010,  the  committee  has  organised  events  focusing  in  the  situation  of  Roma 
integration and Roma employees at the workplace; employment opportunities for people 
with disabilities; and inclusive workplaces. Most recently, the focus has been on gender 
equality at the workplace and women on the labour market. The most recent events on 
this topic were: 

  Violence and harassment at work;235  

  Equality at the workplace; and 

  Open doors;236  

  The violence and harassment at work event took place in November 2018 with 
the participation of trade union members and representatives of the Hungarian 
Equality Body as well as the Friedrich Ebert Stiftung (FES). The first part of the 
event  consisted  of  presentations  on  the  possible  forms  of  violence  and 
harassment in the workplace. 

This was followed by a  presentation on the International Trade Union Confederation’s 
"Stop  Gender-based  Workplace  Violence  and  Harassment"  campaign.  The 
representative of the Hungarian Equality Body also presented cases illustrative of their 
work on harassment at the workplace. This is deemed useful for trade union members 
as they can familiarise themselves with the case law and associated processes in case 
of harassment. 

The  second  part  of  the  event  was  delivered  in  an  interactive  form  encouraging 
participants  to  share  and  discuss  their  experiences.  The  session  was  held  by  a 

234 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52017PC0253  
235 
ellen.html?ref=evdsz  
236 http://olajipariszakszervezet.hu/files/259_tenykep_2017_majus_junius.pdf  

http://www.liganet.hu/page/88/art/10023/akt/1/html/a-munkahelyi-eroszak-es-zaklatas-

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professional  coach  guiding  participants  through  different  situations  as  part  of  a 
sensitivity training.  

Figure 26. Violence and harassment at work event 

A similar event was organised in 2017 as well focusing on ‘Equality at the workplace’. 
This  event  also  involved  a  combination  of  presentations  and  sensitivity  training  for 
participants in order to raise awareness on equality issues. To this end, there was special 
focus on working women and people with disabilities. For the latter target group, a one-
day seminar was also organised in October 2018. 

Lastly, LIGA regularly organises a series of events titled ‘Open doors.237  The topic of 
each  event  is  selected  based  on  the  interest  of  member  organisations.  The  target 
audience of these events is also trade union members.  

Recently  an  ‘Open  door’  event  was  organised  on  equality  in  2017.  Members  are  also 
informed  about  past  and  upcoming  events  and  conferences  focusing  on  non-
discrimination and equality.  

Participants can familiarise themselves with relevant articles of the Labour Code and the 
Act  on  Equal  Treatment  through  presentations  held  by  lawyers  specialised  in 
employment  law.  To  facilitate  a  better  understanding  of  the  legislation  case  law 
examples are also presented and discussed with the participants. The second part of the 
event  consists  of  a  sensitivity  training  session  guided  by  a  trainer  focusing  on 
confronting social stereotypes and interactive role-playing.  

6.7.5  Partnership 

Over the past years, Liga Democratic League of Independent Trade Unions has worked 
together  with  two  main  partners  in  delivering  the  events  organised  by  the  equality 
committee.  

The main partner and sponsor of the events is the Friedrich Ebert Stiftung (FES) who 
provided  significant  financial  support  over  the  years  and  has  contributed  to  the 
realisation of the events. In addition to the financial support, FES also takes part in the 
initial planning phase of the events providing guidance for the trade union on possible 

237 http://olajipariszakszervezet.hu/files/259_tenykep_2017_majus_junius.pdf  

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topics  for  forthcoming  events.  Based  on  a  bottom-up  approach,  the  trade  union  first 
identifies topics on equality that can be of interest to its members and these are also 
then discussed with FES.  

The trade union emphasized that this cooperation and FES’s guidance adds great value 
to their events. Experts from FES are frequent observers and presenters at the events 
organised by the equality committee. 

The other partner organisation which often participates in the events is the Hungarian 
Equality Body. They were first involved in 2012 and have been working in partnership 
since then. The trade union perceives this as providing significant added value to their 
events.  Through  presentations  from  the  Equality  Body,  members  improve  their 
understanding on how the authorities deal with discrimination cases at the workplace. 
The  examples  provided  by  the  Equality  Body  are  always  of  great  interest  for  the 
participants and helps them both better understand the processes and identify whom 
they need to contact in case of discrimination at the workplace. 

The  cooperation  with  both  FES  and  the  Equality  Body  has  been  long-standing  and 
fruitful, providing significant added value to the work of the trade union and the equality 
committee.  

6.7.6  Impact of the practice 

A direct impact of the practice on the ground is the significant number of trade union 
members who participated in the training events over the years. Since running the first 
event  in  2010,  an  average  of  around  30-50  people  have  participated  in  each  event 
organised by the equality committee.  

According  to  the  trade  union,  an  additional  impact  of  the  event  is  that,  later  on, 
participants can act as a ‘bridge’. Specifically, they bring back the knowledge they have 
acquired at the training event on non-discrimination and equality to their organisation 
and raise awareness to the topic.  

The  establishment  of  the  equality  committee  has  also  helped  to  ensure  the  greater 
visibility of equality issues within the union’s activities as well as, more concretely, to 
provide training on the equality issues, and foster greater   awareness of such issues 
amongst its members.  

An additional impact of the training events is that they help to facilitate social dialogue 
between trade unions and employers. In some of the events, employer representatives 
have  also  participated  providing  examples  of  good  practices  on  equality  at  the 
workplace.  In  t  such  a  context,  trade  unions  and  employers  are  not  ‘on  the  opposite 
side’ (as in the case of pay negotiation and bargaining) which, in turn, reinforces a spirit 
of positive collaboration among the social partners.  

6.7.7  Success factors 

One of the key success factors is the pro-active approach and strong commitment from 
the  members  of  the  trade  union  to  establish  the  equality  committee.  Similarly,  the 
strong  commitment  from  LIGA  to  highlight  the  importance  of  the  equality issues  is  a 
key success  factor. Members  of the Committee take up this role on top of their daily 
tasks  showing  strong  personal  dedication.  Members  take  up  this  role  on  top  of  their 
daily tasks showing strong personal dedication. 

The bottom-up approach in deciding which thematic areas to focus on helped to better 
engage the target audience of the events and ensure a strong interest from trade union 
members.  

The  equality  committee  also  tried  to  ensure  that  the  events  are  accessible  to  all 
members  which,  in  turn,  contributed  to  the  success  of  the  events.  All  expenses  for 

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members  were  covered  and  the  events  were  usually  organised  in  central  Hungary  to 
allow easy access for all members and reduce travel time and costs. 

The involvement of the Equality Body in the activities was assessed as beneficial allowing 
participants  to  gain  technical  knowledge  on  the  legal  framework  and  the  case  law  in 
relation to equality and non-discrimination at work. 

6.7.8  Hindering factors and areas for improvement  

No  significant hindering  factors  were  identified.  Difficulties  mostly  arose  from  smaller 
organisational aspects of the events which were easily resolved. 

One challenge that the committee faced was the recruitment of participants especially 
in the early years when the events were less known. The ‘Open doors’ event on equality 
was  a  good  way  to  bridge  the  gap  between  the  member  organisations  and  the  work 
carried out by the committee as they promote the activities organised and highlight the 
importance  of  the  topics  in  the  interest  of  Members  such  as  equality  and  non-
discrimination. 

6.7.9  Transferable elements of the practice 

The establishment of the committee is a structural element transferable to other unions 
and national contexts; however, to enhance success, a dedicated and committed staff 
is a prerequisite for such activities. 

The involvement of the Equality Body in the events was assessed as providing significant 
added value, allowing participants to gain technical knowledge on the legal framework 
and case law in relation to equality and non-discrimination at the workplace. Since every 
EU Member State has an equality body, such involvement is also a transferrable element 
to other countries. 

The  set-up  of  the  events  is  also  transferable  to  another  context.  The  idea  of  using 
sensitivity  training  as  part  of  the  event  was  well  received  from  all  participants  who 
perceived it as a real eye opener which helped them engage more with the topic than 
relying only on presentations. This good practice of sensitivity training can also easily 
inform other relevant practices. 

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6.8  France – Training Sessions on LGBT rights (UNSA) 

6.8.1  Summary of the case study  

  Country: France 

  Name  of  the  trade  union:  Union  Nationale  des  Syndicats  Autonomes  (UNSA) 

National Union of Autonomous Trade Unions  

  Title of the case study: Training sessions on LGBT rights 

  Link to the website of the case study (practice/s): https://www.unsa.org/L-

UNSA-se-dote-d-un-groupe-de-travail-LGBT.html  

  Date when the practice/s was first implemented: 2017 

  Whether practice/s still on-going: Still on-going 

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: Intersectoral, national level  

  Ground of discrimination addressed: Sexual orientation and gender identity 

  Short  description  and  focus  of  the  case  study:  The  UNSA  offers  training 
sessions  and  tools  to  its  delegates  to  tackle  lesbian,  gay,  bisexual,  and 
transgender (LGBT) discrimination in employment. At national level, these training 
sessions are provided annually and at regional level they take place upon request 
from  the  territorial  delegations.  This  initiative  was  developed  to  help  delegates 
deal with situations of alleged discrimination in employment and be aware of legal 
protection available in such cases 

  Short description of activities: To date, two training sessions have taken place: 
one in June 2018 and one in February 2019. Speakers from the French Equality 
body and an association for the protection of LGBT individuals made presentations 
and participated in the training sessions.  

  Short description of results and impact: It is too early to assess the long-term 
impact  of  the  training  provided.  In  the  short  term,  the  training  is  regarded  a 
success  and  delegates  are  satisfied  with  the  knowledge  acquired.  Discussions 
inside  companies  were  provoked  following  the  training  among  representatives, 
which contributed to raise awareness on LGBT discrimination.  

6.8.2  Introduction 

The  intersectoral  trade  union  UNSA  (Union  Nationale  des  Syndicats  Autonomes238)  is 
one of the French confederations of trade unions. It counts around 200,000 members 
in France and is particularly active in the public sector and in public transport. Its fight 
against LGBT239 discrimination started in 2013 with campaigns promoting the adoption 
of the Law on same-sex marriage.240 On this year, the UNSA participated in the Parisian 
pride march (Marche des Fiertés LGBT) for the first time, where it was noted that several 
activists of the trade union were also members of associations promoting LGBT rights. 
Emilie Trigo, representative of the UNSA at the national general secretariat, highlighted 

238 National Union of Autonomous trade unions 
239 The interviewees mostly discussed this initiative using the acronyms LGBT. Although online documents of 
the UNSA sometimes refer to a wider spectrum of individuals using the acronyms LGBTQI, this case study 
refers to LGBT as mentioned in the interviews. 
240 LOI n° 2013-404 du 17 mai 2013 ouvrant le mariage aux couples de personnes de même sexe (Law of 17 
May 2013 opening mariage to same-sex couples) 

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that this pride march was the starting point of an increasing commitment of the UNSA 
to tackle LGBT discrimination.  

"We  want  to  show  that  we  support  the  work  of  LGBT  associations.  Internally,  in  the 
UNSA, it allows us to discuss the phenomenon. LGBT discrimination is an issue at work 
similar to gender inequality or racism."241 

Discussions on the topic during a series of meetings led to the conclusion that delegate 
representatives were widely uninformed of LGBT rights at work and associated means 
of  confronting  LGBT  discrimination.  According  to  a  permanent  representative  of  the 
UNSA  national  secretariat,  victims  of  discrimination  at  work  often  turn  to  non-profit 
organisations to seek legal and judicial advice, while social partners only act as collective 
bargaining  organisations.  Only  trade  union  members  concerned  directly  or  indirectly 
(e.g.  through  a  relative  or  friend)  by  LGBT  discrimination  were  informed  on  judicial 
mechanisms available to  combat such discrimination. Others were largely ignorant of 
the  issue  or  even  of  the  existence  of  LGBT  discrimination  at  work.  Therefore,  it  was 
agreed that training sessions on LGBT rights should be organized to raise awareness on 
LGBT  discrimination  and  inform  delegates  on  means  of  action  to  combat  LGBT 
discrimination.  Emilie  Trigo  underlined  the  drivers  of  the  initiative  with  the  following: 
“We found out that our members were confronted to new situations without the means 
to answer them. (…) When new questions and new debates arise, it calls for trade union 
action in their mission to address current societal issues.” 

As was highlighted by the interviewees, the decision to initiate training sessions was not 
driven by recent legal changes in France regarding LGBT rights,242 but instead by the 
collective realization of a general lack of awareness and knowledge on the issue of LGBT 
discrimination at work, even among trade union members. As Emilie Trigo observed, a 
hierarchy of grounds for discrimination should not be established because all should be 
equally tackled. Indeed, there is no valid reason to ignore sexual orientation and gender 
identity as a ground for discrimination if such discrimination is present in the workplace.  

Since its creation in 1993, the UNSA has been committed to the promotion of minority 
rights. To this end, one of as specific department in the UNSA national secretariat is in 
charge  of  "Rights  and  Liberties".  In  December  2016,  the  UNSA  appointed  a  new 
permanent representative, Nicolas Gougain, in this secretariat, specifically dedicated to 
LGBT issues. In fact, Nicolas Gougain was previously the spokesperson of the non-profit 
organisation 'Inter-LGBT', thus his appointment to the secretariat encouraged UNSA's 
action in the promotion of LGBT rights. The secretariat in charge of "Rights and Liberties" 
organised the training against 'LGBT-phobia'.  

6.8.3  Focus of the practice  

The UNSA underlined three main objectives and ambitions for the training sessions:  

  Train members of the UNSA to the history of LGBT rights and raise awareness on 

LGBT discrimination;   

  Draw  the  legal  framework  of  LGBT  rights  and  understand  enforcement 
mechanisms to enable UNSA representatives to assist victims of discrimination 
on grounds of sexual orientation and gender identity; 

241 Nicolas Gougain during the Parisian Pride March : "Nous voulons montrer que nous sommes solidaires du 
travail des associations. Cela permet aussi de faire avancer le débat en interne, car les discriminations anti-
LGBT sont un enjeu au sein du monde du travail, au même titre que l'égalité femmes-hommes ou le racisme" 
https://www.nouvelobs.com/economie/20180625.OBS8730/gay-pride-2018-des-nouveaux-et-des-
absences-remarquees.html  
242 LOI n° 2013-404 du 17 mai 2013 ouvrant le mariage aux couples de personnes de même sexe (Law of 17 
May 2013 opening mariage to same-sex couples) 

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  Understand  the  role  of  delegates  and  trade  unions  in  tackling  LGBT 

discrimination. 

In  France,  there  is  an  existing  legal  arsenal  protecting  victims  of  discrimination.  The 
primary aim of the training was to inform members on the available actions to combat 
and/or redress discriminatory acts for victims of LGBT discrimination and to protect the 
legal  rights  of  LGBT  individuals.  The  training  also  aimed  at  giving  tips  and  practical 
advice to delegates on how to tackle situations of LGBT discrimination at work. 

The  target  group  varies  according  to  the  training.  For  training  organised  at  national 
level, all affiliated members of the UNSA were invited to participate, but the information 
was specifically aimed at permanent representatives of UNSA. In this case, the primary 
objective is to set a coherent guideline of LGBT campaigns at national level and inform 
representatives in charge of regional and sectoral departments on the necessity to tackle 
discrimination on grounds of sexual orientation and gender identity at work. For training 
organised  at  the  regional  level,  the  group  targeted  by  the  training  session  is  mainly 
employees'  representatives directly active in companies or in specific sectors, to help 
them become aware of practical means of action in tackling LGBT discrimination at work.  

The  financial  resources  of  the  training  sessions  are  discussed  and  allocated  at  the 
national level. During the national Congress held in April 2019, the UNSA consecrated a 
full-time permanent representative responsible for the promotion of employment rights 
and  non-discrimination,  as  well  as  the  UNSA’s  national  initiatives  to  promote  LGBT 
rights. Emilie Trigo is now granted the title of national secretariat in charge of Human 
rights and fight against discrimination. The focus on equality and diversity topics have 
been reinforced during this Congress. 

The external speakers intervening in the training sessions have not been remunerated 
by the trade union and came voluntarily or were paid by their sending institution.  

6.8.4  Activities implemented 

The  main  activity  implemented  by  the  UNSA  to  tackle  discrimination  on  grounds  of 
sexual orientation and gender identity are training sessions. The UNSA decided to put 
in place training to raise awareness on LGBT rights and inform delegates on available 
protection against LGBT discrimination. To date, only two training sessions have taken 
place, but those will occur yearly from now on and be open to delegates in the regional 
organisations of the UNSA. In parallel, regional delegations are encouraged to request 
training at their level, which will be financed and organized by the national secretariat.  

  The first training session was organized at the national level and took place in 
June  2018  in  Ile-de-France.  Its  title  was  "LGBT  issues:  Historical  essential 
landmarks and Role  of  trade union"243.  It attracted around 20 participants and 
lasted two days;  

  Shortly afterwards, the regional delegation of the UNSA in the Occitanie region 
asked the national secretariat to organise a similar training session at the regional 
level. This took place in Montpellier on 4th February 2019 and attracted around 
20  UNSA  delegates  from  different  sectors.  This  training  only  lasted  one  day, 
which was identified as too short by the organisers. The legal protection of LGBT 
rights was not sufficiently presented to and discussed by the participants due to 
lack of time.  

A second national training session will take place on 16 and 17 May 2019. At the regional 
level, a training will take place in Toulouse on 7 June 2019, the day before the pride 
march in Toulouse to which the UNSA will participate. 

243  Original  title  in  French:  "Questions  LGBT:  Les  fondamentaux.  Histoire,  Discriminations  et  mise  en 
perspective syndicale” 

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The National Secretariat of the UNSA in charge of Rights and Liberties is responsible of 
the organisation of these training sessions. In December 2016, the creation of a new 
full-time position in the national secretariat in charge of anti-discrimination campaigns 
underscores  the  UNSA’s  commitment  to  the  protection  of  all  against  discrimination, 
including safeguarding LGBT rights. Following the first training in Paris in June 2018, an 
action  group  on  LGBT  rights  has  officially  been  created.244  This  commitment  will  be 
further  confirmed  during  the  National  UNSA  Congress  of  April  2019,  where  future 
campaigns to tackle discrimination on grounds of sexual orientation and gender identity 
will be debated, as well as allocated a specific budget.  

The format of the training seeks to raise awareness of the participants by encouraging 
active interaction so as to jointly confront and address their  own beliefs, experiences 
and stereotypes. Half of the session is organised as a brainstorming session, to share 
ideas  on  the  role  that  union  delegates  should  take  in  promoting  LGBT  rights  and  to 
discuss existing prejudices against LGBT individuals in the workplace.  

The other half of the session is dedicated to teaching legal enforcement actions in case 
of discrimination and to enhance the participants’ understanding of the extent of LGBT 
discrimination in the workplace. For this purpose, the national secretariat has invited in 
the training session at the national level two speakers with relevant expertise: 

  The non-profit organisation "L'Autre Cercle",245 represented by Catherine Tripon, 
provided an overview of the current situation of LGBT individuals in the workplace 
and gave examples of discriminatory practices in that regard. Catherine Tripon’s 
experience  as  spokesperson  for  LGBT  rights  in  other  trade  unions  makes  her 
particularly  qualified  to  present  such  an  overview,  while  she  also  has  a  good 
understanding of LGBT-related issues faced by union delegates. According to her: 
"This  training  aims  at  combining  a  political,  collaborative  and  trade  union 
dimension to the LGBT issues". During the training, she focused on the role of 
elected  representatives  in  tackling  discrimination.  By  also  exploring  how  trade 
unions can make perceptions evolve in the workplace, she explained that the aim 
is  to  give  trainees  elements  to  facilitate  debates  on  sensitive  issues,  such  as 
appropriate vocabulary to mention LGBT individuals and constructive arguments 
to promote inclusion at work. In turn, this will allow employees' representatives 
to  deconstruct  taboos  and  promote  debate  on  stereotypes.  The  main  support 
documents used  were two books published by  L'Autre Cercle: "Mon  employeur 
fait son coming out"246 (My employer is coming out) and "1997-2017, 20 ans déjà 
et  des  projets  pour  demain"  (1997-2017,  already  20  years  has  past  and  the 
projects for tomorrow).247  

  The French equality body, the Défenseur des Droits248, presented the French legal 
framework to tackle discrimination and promote the rights of LGBT individuals. 
This technical legal approach of LGBT rights allowed trainees to gain insights on 
enforcement  mechanisms  and  adapt  their  reaction  when  confronted  with 
discriminatory  practices  at  the  workplace.  A  guide  published  in  2017249  by  the 

244 https://www.unsa.org/L-UNSA-se-dote-d-un-groupe-de-travail-LGBT.html  
245 L’autre Cercle is a non-profit organisation promoting an inclusive and respectful professional environment 
for  all  individuals  regardless  of  their  sexual  orientation  or  gender  identity.  For  more  information  on  this 
association, consult: https://www.autrecercle.org/  
246  L'Autre  Cercle  Mon  employeur 
https://www.autrecercle.org/comingout  
247 L'Autre Cercle, diversité et inclusion 1997-2017, 20 ans déjà et des projets pour demain..., 2017. Available 
at: 
https://books.google.be/books/about/Autre_cercle_diversit%C3%A9_et_inclusion.html?id=zWBjwAEACAAJ&
redir_esc=y  
248 Official website of the equality body Défenseur des Droits: https://www.defenseurdesdroits.fr/  
249 Guide from the Défenseur des Droits, Available at: 

fait  son  coming  out,  November  2016.  Available  at: 

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equality  body  on  workplace  discrimination  based  on  sexual  orientation  and 
gender  identity  was  distributed  to  trade  union  representatives  and  used  as  a 
support document.  

Figure 27. Support  document  used  by  the  French  equality  body  during  the  UNSA 

training250 

Alongside  these  training  sessions,  the  UNSA  has  been  particularly  involved  in  the 
organisation of pride marches in France and actively campaigned to promote LGBT rights 
in the following cities: Biarritz, Montpellier, Paris, Lyon, Marseille, Metz. Yearly, around 
20,000  euros  are  spent  on  the  organisation  of  pride  marches  in  different  cities. 
Brochures, as shown in Figure 28, are widely distributed on this day to raise awareness 
on the discrimination of LGBT individuals at work.251  

https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/836170010_lgbt_access.pdf 
15.03) 
250 Guide from the Défenseur des Droits, Available at: 

https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/836170010_lgbt_access.pdf 
15.03) 
251 https://www.unsa.org/IMG/pdf/tract-lgbt.pdf  

(accessed 

(accessed 

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Figure 28. UNSA brochure distributed during pride Marches in Biarritz, Montpellier, Paris, 

Lyon, Marseille, Mess. 

Source: UNSA website https://www.unsa.org/IMG/pdf/tract-lgbt.pdf 
Translation "Right of Trans are an urgency!" 

6.8.5  Partnership  

During  the  first  national  training  on  "LGBT  issues:  Historical  essential  landmarks  and 
Role of trade union" in June 2018, the UNSA invited two external speakers to intervene 
during the training. Although it only occurred once, the UNSA mentioned that it will very 
likely reiterate this cooperation with the organisations. The combination of an equality 
body and a non-profit organisation committed to tackling LGBT discrimination allowed 
to present a comprehensive overview.  

Both speakers were satisfied with their involvement in the training and the relationship 
with  the  trade  union.  The  association  "L'Autre  Cercle"  underlined  that  the  unformal 
setting of the training facilitated discussion and allowed to effectively raise taboos on 
the issues.  

The two organisations were not compensated by the UNSA and took part I the training 
voluntarily, while speakers were paid by their respective sending institution. Supporting 
documents  were  not  purchased  by  the  UNSA,  they  were  distributed  freely  to 
participants.  

6.8.6  Impact of the practice  

The  training  was  assessed  as  a  success  by  both  the  UNSA  and  the  two  speakers. 
Although  participants'  feedback  was  not  collected  individually  by  the  UNSA,  many 
trainees expressed their enthusiasm for and interest in further training. At the national 
level, highlighting the success of the first session, representatives underlined that the 
training should take place yearly. However, the training has taken place too recently for 
one to assess long and medium-term impacts.  

A direct impact can still be identified: the regional representative of the Occitanie region 
who participated in the first training session (at the national level) requested a similar 
training  session  aimed  at  regional  trade  union  delegates  whose  work  are  based  in 
companies. Following this request, the national secretariat organised a training session 
in Montpellier in February 2019. Representatives are encouraged to promote the training 
in their regional delegations and instigate debates on LGBT discrimination.  

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Following the first training, a "LGBT workgroup" was officially created, with the aim to 
develop various tools to be placed at the disposal of UNSA delegates and activists, and 
answer  employees'  issues  in  relation  to  LGBT  rights  that  delegates  are  confronted 
with.252 The mandate of this workgroup will be officially determined during the UNSA 
Congress of April 2019.  

6.8.7  Success factors  

The  format  used  in  the  training,  which  combined  the  points  of  view  of  a  non-profit 
organisation  and  a  legal  advisor  (the  equality  body)  allows  trainees  to  obtain  a 
comprehensive  picture  of  LGBT  discrimination  in  the  workplace.  The  main  factor  of 
success identified by the UNSA was the openness of the debate and the possibility to 
discuss personal stereotypes. As Nicolas Gougain underlined: "The goal of the training 
is to discuss our own representations and stereotypes and be able to create definitions 
and terms that are of easy access for our representatives. Breaking the silence around 
LGBT issues allows us to mainstream communication and 'deconstruct' stereotypes’".  

Therefore,  the  central  success  of  the  training  was  to  guarantee  open  communication 
between  trainees  on  this  issue,  who  felt  free  to  ask  questions  and  get  rid  of  unfair 
stereotypes.  The facilitation of discussion around LGBT discrimination in companies will, 
in turn, help mainstream the debate.  

6.8.8  Hindering factors and areas for improvement  

The training in Montpellier, which took place on 4 February 2019, was less successful 
than the first training session organised at the national level, as external speakers were 
not invited to present their experiences, contrary to the national training session in June 
2018. The permanent representatives of the national secretariat conducted the training 
themselves.  Moreover,  support  documents  and  PowerPoints  were  not  given  to 
participants, which resulted in missing technical information on the protection against 
discrimination and enforcement procedures in case of discriminatory acts. An area for 
improvement would be to ensure that future training sessions are of sufficient duration 
as to properly cover this legal framework. 

Other  possible  areas  for  improvements  include  the  need  to  ensure  continuity  of  the 
training. After this course, participants were not requested to provide feedback on the 
training or indicate how it has affected their activity in their regional or sectoral divisions. 
The impact of the initiative would be greater if there was a follow-up with participants 
to ask their opinions about the training and how they transferred what they had learnt 
in their respective organisations.  

Finally,  the  spokesperson  from  L'Autre  Cercle  mentioned  that,  although  participants 
were  made  aware  of  LGBT  discrimination  and  gained  an  understanding  of  their 
potentially vulnerable situation in employment, the tools given as part of the training 
were  not  sufficient  to  address  a  more  complex  situation  of  discrimination  of  LGBT-
phobia. The training merely allowed participants to acquire basic knowledge on the good 
behaviours to adopt when faced with LGBT discrimination and to identify which acts can 
be  considered  as  a  discriminatory  practice.  A  second  training  aiming  at  developing 
expertise on enforcement procedure in case of LGBT discrimination was mentioned as a 
chance for improvement. 

6.8.9  Transferable elements of the practice  

The  major  transferrable  element  is  the  way  the  training  was  organised,  and  the 
approach adopted to raise awareness among participants. The use of action groups to 
brainstorm on experiences relating to discrimination at work and to discuss the role of 

252 https://www.unsa.org/L-UNSA-se-dote-d-un-groupe-de-travail-LGBT.html  

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trade  union  activists  in  effectively  addressing  such  discrimination  allowed  trainees  to 
assess best practices and debate on their experiences.  

Another transferrable element is the cascading approach to training in terms of inviting 
regional delegates of the trade union to the training provided at the national level and 
encourage them to request similar training at the regional level. In this case, the training 
can be adapted to a particular sector and address specific needs.  

Finally,  the  involvement  of  the  French  equality  body  in  the  training  was  assessed  as 
very beneficial, allowing participants to gain accurate technical knowledge on the legal 
framework. Since every EU Member States has such organisation, such involvement of 
equality bodies is clearly a transferrable element to other countries.  

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6.9  France – Fighting Extreme Ideas and Racism 

6.9.1  Summary of the case study  

  Country: France 

  Name of the trade union: CGT 

  Title of the case study: Fighting extreme ideas and racism 

  Link to the website of the case study (practice/s):  

  Press 

release 

campaign: 
syndicale.fr/files/2018/06/2018-06-Note-aux-orgas-lutte-id%C3%A9es-ext-
droite-et-racisme.pdf  

http://rennesmetropole.reference-

the 

on 

  Festival  against  Racism:  https://www.cgt.fr/actualites/discriminations/festival-

contre-le-racisme   

  Campaign  "With  our  Differences, 

let's  give  colours 

to 

the 

future": 

https://www.cgt.fr/dossiers/racisme-avec-nos-differences-donnons-des-
couleurs-lavenir  

  Date when the practice/s was first implemented: 2014 

  Whether practice/s still on-going: Still on-going 

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: intersectoral 

  Ground of discrimination addressed: Racial or ethnic origin 

  Short description and focus of the case study: The campaign was primarily 
focused  on  the  fight  against  extreme-right  ideas  and  populism,  as  a  significant 
percentage of the trade union's members were found to vote for the Front National 
(main  extreme  right  party  in  France).  Racism  and  discrimination  on  grounds  of 
ethnic origin were dealt together with this campaign. Starting in 2017, an in-depth 
campaign against racism was launched.  

  Short description of activities: The tools developed in this campaign were the 
following:  conferences  and  "focus-days";  training  sessions  at  the  national  and 
regional  levels;  distribution  of  leaflets,  brochures,  fiches  and  development  and 
dissemination  of  arguments  against  racism  and  extreme  right  speeches; 
organisation of a festival against racism.  

  Short  description  of  results  and  impact:  The  campaign  reached  almost  all 
French regions; only a few regional delegations did not implement any activity in 
the  context  of  this  campaign.  The  communication  of  activities  and  related 
documents through the trade union newspaper helped the union reach most of its 
members.  

6.9.2  Introduction  

The Confédération Générale du Travail  (General Confederation of Labour, CGT) is the 
largest French trade union in terms of votes from workers during trade union elections 
and second largest in terms of membership and affiliation. It is intersectoral and covers 
the  entire  French  territory.  Since  2002,253  the  CGT  has  been  involved  in  campaigns 
tackling the rise of the extreme right, alongside other French trade unions as common 

253 Year of the French presidential elections which opposed Jacques Chirac and Jean-Marie Lepen in the second 
turn.  

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front actions. Common-front initiatives with several trade unions against extreme right 
votes have increased considerably, in which the CGT has played a central role in their 
planning  and  organisation.254  Starting  from  2013,  the  CGT  realised  that  a  specific 
internal initiative was necessary, as polls showed that an increasing percentage of the 
trade union's members voted for extreme right parties.  

In  this  context,  the  national  secretariat  of  the  CGT  instigated  various  actions  to 
understand its members' motivation in voting extreme right parties. The main objective 
was to enter in dialogue with precarious workers  – who were found to be more likely 
extreme  right  voters.  The  main  actions  started  in  2014,  with  the  organisation  of  a 
number of "focus days" on the question. The trade union promoted debates and intense 
discussions, where members could discuss their political orientation and reasons behind 
an extreme-right vote. This led to a deeper understanding of the situation and drivers 
for extreme-right voters which, in turn, can help the union tackle more effectively the 
rise of populism and racism. As Alain Dru, founder of the campaign stated: "In the past, 
the CGT had already taken a stand against the extreme right and racism. However, this 
time  was  different  due  to  the  scale  of  the  movement  and  the  dissemination  of  these 
ideas  among  our  trade  union  ranks.  It  was  necessary  to  listen  to  our  members  and 
understand the underlining meaning of and driver for their vote. If we want to promote 
information  and  awareness,  we  need  to  begin  from  the  beliefs  and  questions  our 
members have." Therefore, the ambition of the campaign was to reach the members of 
the  CGT  who  were  voting  extreme  right  parties,  often  correlated  with  the  most 
vulnerable members and those in precarious employment, according to the CGT. The 
goal was not to discuss with permanent secretariats or political entities, but directly with 
workers, in order to point out the dangers of mainstreaming racist ideas and behaviours 
in daily life. 

In late 2013, a structural initiative was put in place for this campaign at the national 
level. The CGT established a specific committee against the extreme right and racism in 
the national secretariat, with the aim of creating specific tools inside the CGT against 
racism and organising training sessions. This group is composed of national decision-
makers and representatives at the regional level. It is at the origin of the CGT initiatives 
to tackle racism and extreme right ideologies. Indeed, to date CGT is still very active in 
this field.  

6.9.3  Focus of the practice  

6.9.3.1  Target group: 

The  action  of  the  CGT  was  set  up  at  the  national  level,  but  the  campaign  aimed  at 
reducing the number of extreme right voters in regions where the French political party 
Front National had the majority in terms of votes. This is specifically the case in Northern 
France, Vaucluse, Gard, Picardie, and Vars. The choice of intervention of the CGT was 
political, as the target group of this campaign was the extreme right voters among the 
CGT members.  

6.9.3.2  Resources:  

A specific budget line is allocated to the committee against the extreme right and racism 
at the national level. This amounts to around 30,000 euros annually and is renegotiated 
every year. The development of specific tools such as the  Leaflet "14 Fiches to tackle 
extreme  right  ideas  and  racism"  (see  below);  or  the  organisation  of  the  festival  was 

254 The inter-trade union campaign against extreme right ideas have notably led the following organisations : 
CGT, FSU-Solidaires, FIDL, UNEF, UNL, to engage in activities such as the public presentation of the book "En 
finir avec les idées fausses propagées par l'extrême droite". https://www.cgtservicespublics.fr/societe/lutte-
contre-les-idees-d-extreme-droite/article/communique-commun-cgt-fsu-solidaires-fidl-unef-unl-la-
campagne-intersyndicale  

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financed through extra funding. The festival budget was 25 800 euros, the artists agreed 
to lower their price because they were playing for CGT and against racism. 

In  terms  of  human  resources,  five  permanent  representatives  took  active  part  in  the 
actions  of  the  committee  and  developed  the  campaigns.  Activities  are  particularly 
intensive  before  events  and  training  sessions,  i.e.  at  their  planning,  preparation  and 
organisation  phase.  The  rest  of  the  time,  the  members  do  not  work  full-time  on  the 
campaign. The commission meets once per semester to discuss its most recent activities 
and future developments.  

6.9.3.3  Aims and objectives:  

The main objective  of the campaign is to reduce the number of  extreme  right voters 
internally  in  the  trade  union  and  raise  awareness  on  racism  issues  at  work.  The 
campaigns' specific aims vary depending on the targeted sector. For instance, in sectors 
with  high  participation  rates  of  migrant  or  posted  workers,  the  CGT's  ambition  is  to 
facilitate  communication  and  relations  between  workers  and  foster  a  great  degree  of 
solidarity among workers with different ethnic backgrounds. The primary objective was 
not  to  address  extreme-right  and  racist  ideas  among  the  wider  public,  but  rather  to 
work internally to address such issues within the trade union itself.  

6.9.4  Activities implemented 

The range of activities implemented in the context of the CGT campaign, developed by 
the  committee  against  racism  and  extreme  right  ideas,  is  very  wide  and  diverse. 
Between 2013 and 2015, several ‘focus days’ were organised in different cities, with the 
intention of reaching out to members of the CGT working on the field, namely directly 
with workers, and understand the drivers and motivation of extreme right voters. These 
‘focus  days’  allowed  delegates  to  debate  on  stereotypes  and  prejudices  on  migrant 
workers, and other topics covered by the arguments put forward by the Front National 
in France.  

With a better understanding of the Front National's electorate’s drivers and motivation, 
the CGT organised two types of training modules on the best practices to tackle racism 
and extreme right speeches in companies:  

Long  training  sessions  (lasting  three  days)  at  national  level,  targeting  regional 
representatives. Two training sessions were held in 2017 and 2018. Future trainers and 
activists were trained in CGT values against racism and the CGT culture, with the aim 
to, first, have an impact on workers in companies and so that these are later able to 
train themselves other groups of workers at the workplace. 

Short trainings (1 day), which started in 2016 at the regional level, for all affiliates.  The 
content,  documents,  videos  and  exercises  are  provided  by  the  national  secretariat. 
Some  regional  delegations  implemented  the  training  sessions  themselves,  others 
requested national trainers. In three years, over 100 training courses were conducted 
on the French territory. These training sessions mainly focused on the arguments used 
by  the  extreme  right  and  racists  in  populist  speeches,  thus  giving  trade  union 
representatives tools to tackle these ideas when mentioned in the work context.  

The core of the CGT's actions in tackling racism took place in 2017 and 2018. In the 
context of the upcoming presidential election in France, which was a key point in the 
CGT's  campaign,  the  committee  against  racism  and  extreme  right  ideas  created  the 
campaign  named  "Avec  nos  différences,  donnons  des  couleurs  à  l'avenir"  (With  our 
differences, let's give colours to our future). The painting of the street artist Chanoir's 
wall fresco in Montreuil was done at the launch of the campaign, whose work serves as 
a supporting visual for the campaign's poster (see Figure 29). This initiative resulted in 
ten  videos  available  on  the  CGT  website,  on  the  need  to  fight  racism,  on  real-life 
experiences of migrant workers who have been victims of racism, and on presentation 

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of  arguments  against  extreme  right  speeches.255  The  painting  of  the  wall  fresco  by 
Chanoir was turned into a video clip named "Tous ensemble contre le racism" (Together 
against Racism).256 

Figure 29. Poster of the campaign "With our differences, let's give colours to our future" 

In  the  context  of  this  campaign,  in  2017,  the  committee  published  a  leaflet  named 
"Lutter contre les idées d'extrême droite et le racism" (Tackling extreme-right ideas and 
racism)  (see  Figure  30),  which  also  served  as  a  supporting  document  in  training 
sessions. This document consists of 14 fiches focussing on various arguments used in 
extreme right speeches under four different themes: (i) Economy; (ii) Xenophobia; (iii) 
Propaganda; and (iv) Work. The fiches dealt with topics such as "Front National lies on 
immigration";  "Realities  about  refugees  in  France";  or  "Disinformation:  forceful 
propaganda tool of the extreme right on internet". This publication was sent to every 
regional delegation of the CGT, to be widely distributed to other trade union members. 
It is also publicly accessible on the CGT website.257  

Figure 30. Leaflet "14 Fiches to tackle extreme right ideas and racism" 

These 

videos 

255 
at: 
https://www.youtube.com/playlist?list=PLeohy5jtABLih4tBFBucBCFOrSxIKF3PK  ,  and  are  also  published  on 
the CGT website.  
256 
https://www.youtube.com/watch?v=aErycQli2Vo&list=PLeohy5jtABLih4tBFBucBCFOrSxIKF3PK&index=1  
257 "14 Fiches to tackle extreme right ideas and racism", Accessible at: https://www.cgt.fr/lutter-contre-les-
idees-dextreme-droite-et-le-racisme-14-fiches-pratiques-et-argumentaires   

Accessible 

accessible 

are 

at: 

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On 30 June 2018, the CGT organised its Festival against Racism, an innovative measure 
to  bring  both  the  wider  public  and  trade  union  representatives  together  to  raise 
awareness  on  discrimination  at  work.  Throughout  the  day,  the  festival  attracted  300 
participants around debates, conferences, exhibitions, concerts. This day was organised 
in collaboration with the department of the Gard, at the initiative of the trade union. 

Figure 31. Festival against racism of 30 June 2018 in Nîmes 

Finally,  to  communicate  information  about  the  campaign,  the  CGT  produced  and 
disseminated  leaflets,  brochures  and  articles  through  the  internal  trade  union 
newspaper.  Moreover,  a  paper-based  ‘playful  package’,  asking  various  question  on 
stereotypes, was sent to every member of the CGT to inform them on the campaign in 
early 2018. This was paid through the members' monthly subscription to trade union 
press. The leaflet was named "The CGT decided to lead an offensive against racism in 
the context of its campaign against extreme right ideas".258 As can be seen in  Figure 
32,  other  brochures  and  advertisements,  were  also  widely  disseminated  to  raise 
awareness on racism.  

Figure 32. Examples of press articles spread within the CGT campaign against racism.  

258  This  leaflet  can  be  downloaded  on  the  following  link:  http://telechargement.cgt.fr/,  under  the  theme  « 
Campagne contre l’extrême-droite » 

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“They work together…Racism, poison of power and of employers, divides and kills.” 

"Extreme right is a poison, Solidarity is the antidote.” 

6.9.5  Partnership 

In the context of its campaign, the CGT has developed partnership with other Member 
States' trade unions. A debate was co-organized by the CGT and FGTB in December of 
2018 on extreme right and racism, with the presence of the DGB from Germany. In June 
2018, a conference was held in Strasbourg with the DGB and a two-day workshop in 
Berlin in February 2019. The CGT also took part in the ETUI training course “Debunk 
the  far-right,  reinforce  trade-union  power”,  alongside  the  Hungarian  confederation 
MAZSZ, the Austrian OGB and the Belgian FGTB.  

The main objective of these cooperation has been to exchange good practices to tackle 
extreme right ideas in other political contexts, learn from their experiences and agree 
on  a  joint  plan  of  collective  action  to  reduce  racism  and  extreme  right  harmoniously 
across borders.  

The principal action of cooperation with foreign trade unions took place in Strasbourg 
on 5 June 2018, during a conference where 100 employees' representatives gathered 
from both sides of the Rhine: 60 French and 40 German representatives.259 This action 
was particularly important in the Grand Est region, as a border region where movement 
of  workers  is  frequent.  In  return,  the  German  trade  union  invited  the  CGT  to  a 
conference on the same topic in Berlin.  

259 Press release "Ensemble contre les idées d'extrême droite, Rencontre européenne Strasbourg 5 juin 2018". 
Accessible at: http://www.lorraine.cgt.fr/2018%2006%2005%20cgt.verdi.pdf  

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Figure 33. Campaign of the CGT (FR) and the Ver.di arbeiterinnen (DE) in Strasbourg 

against extreme right  

Overall, the cooperation was very positive, even though Member States have different 
approaches  of  the  topics  discussed  due  to  different  national  contexts.  Therefore,  the 
questions  raised  in  relation  to  how  best  to  confront  racism  and  extreme  rights  ideas 
may be specific to the context of the country.  

6.9.6  Impact of the practice  

The  campaign  successfully  reached  most  of  the  CGT  members  in  France.  Only  a  few 
CGT  regional  delegations  have  not  implemented  any  action  in  the  context  of  the 
campaign,  like  Paris  or  Haut-Rhin,  but  they  are  the  exception.  Moreover,  the  regular 
communication of the CGT's activities and brochures through the trade union newspaper 
directly informed members on the most recent actions. Following this communication, 
the national secretariat received more than 100 positive comments and/or questions on 
the  campaign  and  its  various  activities.  The  principal  successful  impact  is  that  the 
campaign  managed  to  establish  a  debate  on  racism  and  extreme  right  voting  among 
workers  in  companies  and  gave  CGT  delegates  tools  and  arguments  to  counter  hate 
speeches.   

The campaign impacted certain regions more than others, as the objective was to tackle 
mainly areas where extreme right voters were the most numerous. Specific examples 
of impact were mentioned by interviewees: in the Northern France  city of Calais, the 
campaign  and  local  actions  of  the  CGT  have  managed  to  improve  relations  between 
migrant workers and employees, in what used to be a particularly intense context.  In 
the  Alpes  Maritime  region,  the  CGT  has  been  conducting  a  specific  campaign  on  the 
recognition of undocumented (migrant) workers, by arguing that the non-recognition of 
these workers harmed the employment prospects and salaries of employees. This was 
particularly difficult considering the popularity of the extreme right party in this region.  

Some  professional  federations  have  also  implemented  conferences  on  the  social 
discourse of the far-right or on migrants and undocumented workers, usually in national 
assemblies or congress 

Impact can also be assessed by evaluating the number of participants in events. The 
international trade union meeting in Strasbourg on 5 June 2018 welcomed 100 trade 
union  representatives.  The  Festival  against  racism  gathered  nearly  300  participants. 
About 140 training sessions were organised for a total of 2200 CGT member since 2016. 

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6.9.7  Success factors  

Four factors of success of this campaign can be underlined: 

  The CGT put emphasis on adapting their speeches and training sessions to the 
participants in the campaign. To tackle racism and populism, it was considered 
of  primary  importance  to  understand  the  realities  of  workers  and  adapt  the 
national discourse against racism, in order to best promote vision and values of 
inclusiveness and diversity. The objective of this campaign to effectively reduce 
racism internally in the trade union highlights the method used where, instead of 
aggressive campaigning, a soft approach was adopted. 

  During training sessions and conferences, the arguments used by extreme right 
parties  were  dismantled  and  counter-argued,  giving  representatives  tools  (and 
convincing arguments) to react effectively when faced with racist speeches.  

  The international scale of the practice, involving meetings with other countries' 
social partners, allowed representatives to gain a European overview on the rise 
of far-right populism and racism. This, in turn, allowed for the exchange of good 
practices, as for instance, has been the case with German trade unions.  

  The CGT promoted the development of local networks against racism, by putting 
workers  and  relevant  organisations  in  contact.  These  local  actions  and  groups 
against racism guarantee a long-term of the practice. 

In  five  years,  the  committee  against  the  extreme  right  and  racism  has  implemented 
around 100 training sessions in most of the French territory. The recent launch of the 
campaign "With our differences, let's give colours to our future" indicates that the CGT 
initiatives are on the rise and will continue to prosper.  

6.9.8  Hindering factors and areas for improvement  

Several factors have hampered the effectiveness of the campaign against racism and 
the extreme right: 

  Certain regions and/or sectors, such as in the Haut-Rhin, were very reluctant to 
address  racism  and  extreme  right  ideas  and  did  not  welcome  the  campaign 
positively.  In  other  sectors,  these  issues  were  not  considered  a  priority; 
therefore,  regional  and  sectoral  representatives  were  not  champions  of  the 
campaign in their respective departments.  

  The  CGT  encountered  internal  difficulties  and  controversies  with  the  campaign 
and its various activities, as a number of extreme right voters were part of the 
CGT, even at high organisational levels. Racism remains a live issue inside the 
trade union and is deeply embedded in its structure. In response, in 2011, the 
CGT excluded members and activists who openly supported extreme right ideas 
from the electoral lists of the trade union elections.  

  A major hindering factor to the success of the Festival against racism was pointed 
out  by  interviewees,  namely  the  date  chosen.  On  30  June  2018,  the  French 
football  team  was  in  quarter  final  of  the  World  Cup  which,  in  turn,  drastically 
reduced the number of participants.  

6.9.9  Transferable elements of the practice  

following  practices  have  been 

The 
interviewed  permanent 
representatives  of  the  CGT  in  charge  of  this  campaign  as  having  the  potential  for 
transfer:  

identified  by  the 

  The organisation of the Festival against Racism is transferrable to other contexts 

and campaigns on other discrimination grounds.  

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  A  major  success  factor  of  this  campaign  which  can  be  transferred  is  the  wide 
range of communication means employed to share its activities and reach all of 
its members. The CGT used the trade union communication machinery to send 
information  about  awareness  campaigns,  tools  and  arguments,  leaflets  and 
brochures to its members.  

  Finally,  the  cooperation  with  trade  unions  from  other  Member  States  is  a 
transferrable  method  and  can  be  used  to  address  other  grounds  for 
discrimination. It allows representatives to gain an international overview of the 
practice,  which  is  very  relevant  in  the  topics  of  the  rise  of  the  extreme  right 
ideology  across  the  EU  which  is  also  now  espoused  by  a  growing  number  of 
voters.  

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6.10  Italy – Office for New Rights (CGIL) 

6.10.1  Summary of the case study  

  Country: Italy 

  Name of the trade union: Confederazione Italian del Lavoro (CGIL) 

  Title of the case study: Ufficio Nuovi Diritti (Office for New Rights) 

  Link 

of 
http://www.cgil.it/tag/nuovi-diritti/   

the  website 

to 

the 

case 

study 

(practice/s): 

  Date  when  the  practice/s  was  first  implemented:  Ongoing  activities  since 

1980 

  Whether the practice is still ongoing: The office is still functioning. There is a 

national team, and offices are also established at local level.   

  This practice was not included in the 2010 study.  

  Sector of the trade union/practice/s: Multiple sectors  

  Ground of discrimination addressed: The Ufficio Nuovi Diritti was initially set 
up to address issues of discrimination against LGBT groups in Italy and provide 
support on issues they may encounter in the labour market and beyond. However, 
over the years, the purpose of its work has expanded more broadly to encompass 
the development of a more secular culture in the country.   

  Short description and focus of the case study: This case study explores the 
work  of  the  Ufficio  Nuovi  Diritti,  and  the  articulation  of  its  main  activities.  The 
office has been established by the Italian trade union CGIL, whose main principles 
are in line with the principles of non-discrimination and equality, within its charter 
itself.  

  Short  description  of  activities:  The  main  principles  of  thefacilitates  the 
implementation  of  activities  by  the  Ufficio  Nuovi  Diritti.  Such  activities  include 
conferences, training, support to specific cases of discrimination in the workplace, 
awareness  raising  campaigns.  The  activities  are  carried  out  in  cooperation  with 
associations  and  organisations  that  focus  on  similar  topics  and  share  similar 
principles at national or local level.  

  Short  description  of  results  and  impact:  Over  the  years,  the  anti-
discrimination  activities  of  the  CGIL  have  contributed  to  the  development  of 
political  debate  around  the  rights  of  minority  groups,  negotiations  of  relevant 
policies and legislation, inclusion of relevant issues in collective bargaining, and 
has  also  possibly  contributed  to  some  relevant  cultural  developments  in  the 
country. Some examples of areas of the policy making process recently impacted 
by the actions of the trade union include the law for the recognition of same-sex 
unions in Italy (‘Legge Cirinna’), and the law on self-determination in the context 
of the new law on end-of-life medical care (Legge sul biotestamento).   

6.10.2  Introduction  

CGIL  or  The  Italian  General  Confederation  of  Labour  is  an  association  representing 
workers and labour. It is the oldest Italian trade union organization and is also the most 
representative,  with  its  more  than  5  million  members,  including  workers,  pensioners 
and  young  people  entering  the  world  of  work.  The  confederation  was  established  in 
1906. The confederation maintains a dual structure: vertical, consisting of the twelve 
trade federations, and horizontal, through the Chambers of Labour (of which there are 
115 across the country).  

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The  Ufficio  Nuovi  Diritti  (which  literally  translates  to  “Office  for  new  rights”)  was 
established initially to speak for and lead the fight against the discrimination of LGBT 
people in the country, particularly within the workplace. Over the years, the office has 
started looking at this issue more broadly, tackling the relationship between the Catholic 
Church and the State in Italy, and its influence on discrimination related issues. Because 
of this, the office took a more specific stand on actively promoting the secularism of the 
State. The Office for new rights serves a political function at national level and is present 
at more local level through offices with specific focal points in charge of the New Rights 
Agenda  (Nuovi  Diritti  agenda).  In  some  municipalities,  some  information  desks  have 
been established, although these are not representative of the activities of the office as 
a whole.  

The national office drives the strategies at national level and pushes for debate on the 
topic  of  antidiscrimination  and  secularism  more  generally.  The  national  strategy 
provides a framework for the implementation of relevant initiatives at national and local 
level, which at local level are implemented by local offices. The widespread presence of 
the trade union across the national territory allows it to reach a large audience.  

The  driver  for  the  setting  up  of  this  office  is  linked  to  the  widespread  level  of 
discrimination across Italy against LGBT groups, where in recent years, the trade unions 
coordinators witnessed a constant increase of cases of harassment and discrimination. 
However, this type of discrimination is still widely under-reported, as reporting is often 
seen  as  a  factor  that  could  exacerbate  harassment  in  the  workplace  and  lead  to 
retaliation.  To  tackle  this  type  of  discrimination  from  a  more  holistic  perspective  the 
office has decided over time to address this issue from a broader angle, looking at the 
root  causes  of  discrimination  from  a  cultural  perspective.    The  deep-rooted  religion 
beliefs in the Italian culture and the strong interlinks between Catholic Church and the 
States are considered by the trade union an underlining cultural factor which leads to 
little acceptance of diversity and triggers discriminatory behaviour. Therefore, the trade 
union decided to work on the boarder topic of secularism. 

Interviews with partners and, specifically, with organisations fighting for the rights of 
LGBT groups and the parental rights of LGBT couples, reported that a strong driver for 
them  to  cooperate  with  the  trade  union  comes  from  the  difficult  political  situation  in 
Italy which is currently leading to a weakening of civil rights of LGBT people: ‘in Italy 
we are going back in time and we are losing the rights that we have  achieved in the 
past. Now, it is almost impossible to have a debate with policy makers at all levels on 
these topics’ …’if the ministry of family says LGBT families do not exist, this tells you a 
lot about where we are at the moment’.  

The lack of legislation on parental rights causes direct discrimination in workplaces as 
only one parent is legally recognised, for example only the recognised parent can make 
decision on health-related issues of the children, can pick up the kids from school, only 
the  recognised  parent  has  the  legal  right  to  intervene  on  school-related  decision  etc. 
Therefore,  partners  do  not  have  access  to  parental  leave,  to  associated  company 
benefits and, in general, to benefits related to parental status. 

At trade union level, the key drivers for the implementation of these activities, and for 
the  establishment  of  the  Office,  were  reported  to  be  deeply  interlinked  with  the 
principles of the trade union. Anti-discrimination is at the core of the work of the CGIL 
more broadly. The coordinators of the practices highlighted that these activities are in 
line with the commitment of the trade union to fight for equal treatment of workers in 
the workplace and more broadly in society, therefore the Office has always received full 
support  from  the  management.  As  stated  by  the  coordinators  of  the  Office  for  New 
Rights, “CGIL has anti-discrimination in its DNA”.  

The activities that are now led by the Office for New Rights were first implemented in 
1980s. Initially, the unit was established as an Observatory and moved across different 
departments of the national trade union, until it, finally, became the current Office for 
New Rights.  

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6.10.3  Focus of the practice  

The key objective of the Office for New Rights is to foster a culture of self-determination 
and secularism, within and outside the workplace. As stated before, the key activities 
of this office revolve around the objective of fighting against discrimination and have 
particularly focused on the issue of discrimination of LGBT people in Italy.  

Within the trade union, there is not a specific budget earmarked for the Office for New 
Rights.  However,  the  coordinators  have  access  to  the  instruments  and  funds  of  the 
organisation  more  broadly.  In  this  sense,  the  Office  presents  specific  proposals  and 
plans  for  activities  to  the  management,  upon  management  approval  the  staff  is  then 
able to access the general funds and implement the activities. The coordinators reported 
that, in line with the principles of the trade union itself, the Office has not faced internal 
obstacles to the implementation of their activities. In some cases, the trade union have 
participated in European projects that allowed them to be involved in conferences and 
awareness-raising activities or publications.  

6.10.4  Activities implemented  

The key activities that are implemented by the Office for New Rights are conferences, 
creating spaces for discussion with the management of the CGIL itself, creating spaces 
for  knowledge  and  exchange  of  experiences  (e.g.  in  relation  to  LGBT  rights  at  work, 
challenges faced by the LGBT community).  

The type of activities has changed over the past years. In fact, in the past the Office for 
New Rights was more involved in the political process i.e. “sitting at negotiating tables” 
with  policy  makers  to  discuss  issues  specifically  related  to  employment  as  well  as 
discrimination in the labour market. However, it was reported that the current political 
climate has changed becoming more hostile and less open to the involvement of trade 
unions in the decision-making process.  

The Office for New Rights has a long-standing working relation with several civil society 
organisations. These include the civil society organisation Famiglie Arcobaleno260 which 
implements actions for lobbying and disseminating awareness on the parental rights of 
LGBT couples.  

The  lack  of  legal  framework  in  relation  to  the  recognition  of  parental  rights  for  LGBT 
couples and the lack of open debate and discussion with policy makers, means that the 
organisation needs to work on a more local level and directly with employers to ensure 
that the rights of LGBT parents are recognised. The Office for New Rights in cooperation 
with Famiglie Arcobaleno works directly with companies and employers’ organisations 
to raise awareness amongst employers, recognise the LGBT families in the workplace 
and stipulate company agreements to include directly in companies’ regulations rights 
relevant to LGBT parents.  

260 http://www.famigliearcobaleno.org/it/associazione/chi-siamo/  

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Other activities in cooperation with the Office for New Rights include 
awareness-raising  campaigns  at  national  and  local  level  and 
participation  in  demonstrations.  The  support  of  the  Office  was 
reported as instrumental for the organisation Famiglie Arcobaleno 
which works solely on a voluntary basis and the cooperation with 
the trade union provides human resources and logistical support in 
all activities organised together. For example, at a practical level, 
in  relation  to  the  organisation  of  protests  the  trade  union  liaises 
with local administrations to obtain the relevant permits and logistic 
support;  often  kids  are  involved  in  the  protests  and,  therefore, 
security is crucial. In awareness raising campaigns, the trade union supports the design, 
implementation  and  dissemination  of  the  campaign  through  its  own  resources  and 
channels.  

In terms of dissemination, the figure below provides a visual of the Facebook page of 
debates organised by the trade union and LGBT organisations. 

Figure 34. Dissemination  Facebook  posts  on  debates  organised  by  CGIL  on  LGBT 

parental rights  

Together  with  the  association  Mario  Mieli  which  acts  as  advocate  in  defence  of  LGBT 
groups  and  has  a  long-lasting  relation  with  CGIL,  the  trade  union  organises  several 
activities. Some of the activities include, amongst others: 

  The participation to the Parade Pride in Roma; 

  Awareness raising campaigns; 

  Debates  on  the  rights  of  LGBT  workers  with 

members of the trade union; 

  A  launch  event  of  the  Turin  Lovers  Film  Festival 

and a tour to disseminate the festival.  

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Figure 35. Presentation of the dissemination tour of Lovers Films Festival. The tours is 

organised in cooperation with CGIL  

6.10.5  Partnership  

A number of activities are organised with external partners at national and local level. 
The Office for New Rights collaborates with the representatives of the LGBT movement 
in  Italy  to  undertake  activities  in  different  contexts  at  national  and  local  level  (e.g. 
awareness raising campaigns, information events). In the area of LBGT rights, two of 
the  main  partners  include  the  Associazione  Famiglie  Arcobaleno261  which  focuses  on 
parental rights of LGBT couples and Associazione Circolo Mario Mieli262 which focuses on 
the rights of LGBTI people and minority groups more generally.  

Other partners include NGOs such as the Associazione Luca Coscioni263 which operates 
in  the  area  of  social  rights  and  freedom  of  scientific  research;  and  the  Consulta  di 
Bioetica264 related to bioethics research.  

The  office  has  participated  in  some  working  groups  within  the  national  body  against 
discrimination,  the  National  office  against  racial  discrimination  (Ufficio  Nazionale 
Antidiscriminazioni  Razziali,  UNAR).265  However,  there  is  no  no  ongoing  collaboration 
with UNAR.  

In the past, a stronger and ongoing collaboration with previous governments existed, 
for example through cooperation for specific publications on relevant topics. However, 
it  was  reported  that,  in  recent  years,  due  to  changes  in  the  political  landscape,  the 
cooperation and relations with government representatives at national and local level 
have weakened.  

The  Office  for  New  Rights  has  also  an  ongoing  internal  collaboration  with  other 
departments of the trade union.  

261 http://www.famigliearcobaleno.org/it/associazione/chi-siamo/  
262 https://www.mariomieli.net/  
263 https://www.associazionelucacoscioni.it/  
264 http://www.consultadibioetica.org/  
265 http://www.unar.it/  

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6.10.6  Impact of the practice  

In the specific context of discrimination against LGBT people in the country, the office 
has in the past been involved in the political process. For example, they have provided 
drafts for relevant legislation. The coordinators noted that the trade union and the office 
specifically has contributed to promoting and disseminating an anti-discrimination and 
equality  culture  that  has  impacted  the  development  of  specific  legislation  in  the  past 
years,  such  as  the  law  for  the  recognition  of  same-sex  unions  in  Italy  (‘Legge 
Cirinna’266), and the law on self-determination in the context of end-of-life medical care 
(Legge sul biotestamento.)267  

The coordinators reported that their activities have brought about concrete impact and 
changes,  for  example  within  the  context  of  collective  bargaining.  Progress  has  been 
made thanks to the second-level bargaining and the direct relation with employers for 
specific anti-discrimination cases.  

The representative of Famiglie Arcobaleno reported that work carried out with the trade 
union has a significant impact for many at many levels:  

  A direct impact on companies’ practices. The trade union has negotiated clauses 
with employers to recognise LGBT families and parental rights of LGBT parents. 
Below there is an example of a clause included in a company agreement in the 
finance sector: 

  Through  its  members  the  trade  union  works  to  raise  awareness  and  educate 
employers on the issues faced by LGBT parents and this has facilitated the work 
of the Famiglie Arcobaleno in effectively pushing its proposals with employers. 

  The trade union is one of the main trade unions with offices and branches through 
the national territory; therefore, the awareness raising campaigns supported by 
the trade union reach a much wider public that it would have been possible for 
the organisation operating alone. Education and awareness raising is one of the 
main areas of work and objectives of the association; therefore, the possibility to 
influence  a  wider  audience  through  the  trade  union  was  considered  as  major 
added value for the organisation: ‘our main mission is to make people aware of 
our issues, to educate people and come forward with our requests, awareness-
raising is a priority outcome for us and having such a big organisation on board 
is a major added value’.  

  The  support  of  the  main  trade  union  for  the  organisation  also  means  that  the 
difficult cooperation with public administrations at local and national level due to 
the little attention to this topic from policy makers, is sometimes facilitated and 
negotiated through the work of the trade union. 

Feedback from the association Circolo Mieli highlighted the important ‘two-way impact’ 
of the work done in cooperation with the trade union: 

  The presence of a national trade union such as CGIL provides added value to the 
LGBT  organisations  as  they  have  access  to  a  wider  audience  at  national  level. 
The trade union carries out widespread activities with their members across the 
national territory and reaches out to workers who would have not been involved 
otherwise; 

266 http://www.gazzettaufficiale.it/eli/id/2016/05/21/16G00082/sg  
267 http://www.gazzettaufficiale.it/eli/id/2018/1/16/18G00006/sg  

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  Similarly, for the trade union the cooperation with the organisation is a way to 
disseminate their work and engage with the LGBT community. For example, the 
Parade is an opportunity where many participants get in contact with the CGIL to 
ask information and often subscribe to the union. 

Another area  of added  value reported by the  Circolo Mieli relates to the possibility to 
build and strengthen networks with organisations active on other topics such as gender 
and  migration  to  develop  a  coherent  line  of  action  and  introduce  the  dimension  of 
multiple  discrimination.  Therefore,  the  cooperation  with  the  trade  union  allows  for  a 
comprehensive approach and wide-ranging actions.  

Both interviews from the civil society organisations highlighted the multiple dimensions 
of discrimination and impact of discrimination on everyday life, including in workplaces 
‘we  are  not  only  LGBT  people,  we  are  also  parents,  we  are  women  and  men,  we  are 
workers, we need to pay our bills like everyone else and discrimination on the ground 
of our sexual orientation leads to discrimination on all aspects of our lives’ … ‘there is 
finally an understanding of the fact that discrimination needs to be tackle  at different 
levels and all groups need to come together to fight against multiple discrimination’.  

6.10.7  Success factors  

One of the reported key success factors is the relevance of the topics addressed by the 
office.  The  topics  of  anti-discrimination,  self-determination,  lifestyle  choices  and 
secularism impact all citizens and all aspects of life, not only workplace relations. These 
issues are, unfortunately, still underestimated and more needs to be done to support in 
that respect workers and citizens in general. 

The  support  from  the  management,  from  the  trade  union  more  broadly  and the  high 
priority  of  these  topics  within  the  trade  union  were  reported  as  a  key  factor  for  the 
establishment and continued operation of the office.   

Another success factor reported by interviewees referred to the fact that the trade union 
is  one  of  the  main  trade  unions  in  the  country,  a  well-established  organisation  with 
strong links at national and local level. Therefore, the office can reach a large audience 
as well as influence, more than other organisations, local and national debates.  

The representative of the Famiglie Arcobaleno reported as a key success factor for the 
partnership the commitment and hard work of the trade union staff working in the Office 
for New Rights. It was acknowledged that specifically the passion, the sensitivity, the 
open-minded approach and the commitment of the management and personnel of the 
Office were all key drivers in implementing activities at national level and local level. As 
was reported, this commitment and sensitivity to the topic of LGBT parental rights was 
not  to  be  taken  for  granted  in  other  departments  of  the  trade  union.  Therefore,  the 
human factor and personal relationships was  a crucial element for the success  of the 
partnership. 

The  representative  of  the  Circolo  Mieli  reported  the  similar  cultures  between 
organisations, willingness to address discrimination and fight for the rights or minority 
groups as a key factor for a successful cooperation with the trade union ‘we do not have 
the same type of collaboration with other trade unions, you need to be on the same side 
and be like-minded’. Another success factor was the willingness to negotiate common 
objectives in the design and implementation of activities by both sides ‘we may have 
slightly  different  objectives  when  for  example  decide  to  organise  a  debate  or  a 
campaign, but we always reach an agreement on a common outcome and this is what 
makes the relationship successful’.  

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6.10.8  Hindering factors and areas for improvement 

The  coordinators  reported  the  lack  of  financial  resources  as  one  the  main  hindering 
factors. Even though the office has received support and funding for its activities by the 
organisation,  trade  unions  have  been  subject  to  general  cuts  in  funding,  which  has 
ultimately impacted on all strands of work including the activities of the Office for New 
Rights.  

The  national  political  shift  towards  more  right-wing  parties  which  has  also  adversely 
affected  the  quality  of  political  debate  was  identified  as  a  major  factor  hindering  the 
implementation  of  the  practices  and  the  involvement  of  trade  unions  in  the  political 
debate and policy-making process.  

The office had always the double or dual role of working internally with the management 
on  the  key  issues  of  anti-discrimination  and  of  communicating  externally  so  as  to 
stimulate  debate  and  promote  action.  Therefore,  as  an  area  for  improvement, 
interviewees reported the wider involvement of colleagues and other departments in the 
practices  relating  to  the  promotion  of  LGBT  parental  rights  as  well  as  external 
partnerships with other organisations.    

The organisation Famiglie Arcobaleno works solely on the basis of voluntary work and 
its only financial support is provided by its members and small grants. Therefore, lack 
of finance is a major factor that hinders the possibility of the organisation implementing 
larger projects. The support of the trade union was reported again as fundamental in 
ensuring the continuity of the organisation’s activities.   

6.10.9  Transferable elements of the practice  

The coordinators noted that the establishment of a similar office can be transferable in 
any trade union in other countries. The condition for this is that, within the structure of 
a trade union, the commitment of the management and the open and strategic support 
of these topics from the national level must be forthcoming. However, it was noted that 
this requires strong commitment from the trade union’s management and depends on 
the  guiding  principles  and  values  as  well  as  the  general  culture  of  the  trade  union, 
especially regarding non-discrimination and equal treatment, including in relation to the 
LGBT community.  

Interviewees noted that for the replication of this type of structure a key factor is the 
establishment  of  partnerships  with  local  organisations  and  associations,  to  guide  the 
design and implementation of relevant activities.   

For  example, the trade  union facilitates the networking and collaboration  between its 
branches  and  local  offices  of  the  organisation  Famiglie  Arcobaleno.  The  work  at  local 
level  and  the  establishment  of  contact  points  throughout  the  national  territory  is  a 
structure that could be replicated in other organisations or countries. The organisation 
is working on an ongoing basis to ensure the presence of contact points able to work 
with local partners and address the specific issues that arise in all the different territories 
of Italy.  

The  representative  of  Circolo  Mieli  reported  as  a  transferable  practice  the  willingness 
and  preparatory  work  done  at  the  beginning  of  the  activities  to  find  and  agree  on  a 
common  goal  and  objective  between  the  trade  union  and  the  partners.  This,  in  turn, 
allows for the effective design and implementation of the activity and the achievement 
of the intended objectives.  

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6.11  Malta  -  Equality  policy  in  collective  bargaining  on  economic 

migrants, non-discrimination and LGBTQIA (GWU) 

6.11.1  Summary of the case study  

  Country: Malta 

  Name of the trade union: General Workers’ Union (GWU, Malta) 

  Title  of  the  case  study:  Equality  policy  in  collective  bargaining  on  economic 

migrants, non-discrimination and LGBTQIA   

  Link  to  the  website  of  the  case  study  (practice/s):  No  website  for  this 
practice; the website of the GWU is https://www.gwu.org.mt/index.php?lang=en  

  Date when the practice/s was first implemented: N/A 

  Whether practice/s still on-going: Still on-going 

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: Multiple sectors 

  Ground of discrimination addressed: All grounds 

  Short description and focus of the case study: The case study elaborates on 
the  collective  bargaining  on  relevant  groups,  as  well  as  other  related  activities 
linked  that  promote  equality  at  work.  The  union’s  activities  cover  all  regions  in 
Malta and all eight sectors and types of workplaces in which GWU operates. 

  Short  description  of  activities:  The  union  implemented  and  ran  various 
activities  in  relation  to  equal  treatment  at  work.  For  example,  it  facilitated 
discussions with different stakeholders, organised conferences, etc.  

  Short  description  of  results  and  impact:  The  efforts  of  the  GWU  were 
translated into proper implementation of law and application of good practices at 
the workplace. The ultimate goal of the trade union is to ensure equal treatment 
to  everybody  based  on  the  value  of  his/her  job.  In  this  sense,  the  collective 
agreements helped to realise this GWU’s aspiration. Since 2013, there have been 
a  lot  of  changes  concerning  equal  treatment  at  work.  For  example,  some  civil 
rights  have  been  legally  established,  such  as  the  right  to  gender  identity 
recognition  and  self-determination  (including  recognition  of  the  transgender 
dimension)  and  the  right  for  same  sex  marriage.  Malta  was  among  the  first 
countries to implement such measures.  

6.11.2  Introduction  

With roughly 46,000 members the General Workers’ Union (GWU) is the largest trade 
union in Malta. The union was established on 5 October 1943.268  The union operates in 
eight sectors.269 Therefore, the composition of members is quite diverse and work in the 
following sectors: 

  Maritime and Aviation 

  Metal and Construction 

  Chemicals and Energy 

  Hospitality and Food 

268 https://www.gwu.org.mt/ReadText.php?ID1=L&ID2=44  
269 https://www.gwu.org.mt/ReadText.php?ID1=L&ID2=43  

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  Government and Public Entities 

  Professionals, Finance and Services 

  Technology, Electronics and Communication 

  The  trade  union  also  includes  a  youth  division  called  the  GWU  Youths,  which 

represents individuals aged 35 or younger 

  The trade union is “the driving force for change and equality, a movement Which 

Help to Promote a More Sustainable and inclusive civil society”270   

The  principle  of  equal  treatment  is  enshrined  in  the  GWU’s  constitution.  To  this  end, 
GWU “aims to provide an inclusive environment which promotes equality and diversity 
in accordance with the laws of Malta”.271 

Collective  bargaining  in  Malta  takes  place  at  company  level.  Each  workplace  or 
organisation has a separate collective agreement. The representative of the trade union 
reported, that once a collective agreement is signed, it becomes part of the law.  

The practice under study here addresses discrimination based on race, ethnicity, sexual 
orientation  and  gender  identity.  As  reported  by  a  GWU  representative,  however,  the 
initiative  is  not  solely  focused  on  one  type  of  discrimination.  They  do  not  want  to 
overlook anyone at risk of discrimination and wish to ensure that everyone is treated 
the  same.  Indeed,  as  pointed  out  by  the  interviewees,  regardless  of  its  members’ 
background,  the  union  treats  everyone  the  same,  including  refugees  and  economic 
migrants.  The  organisation  collaborates  with  non-governmental  organisations  (NGOs) 
to address any form of racism.  

The  most  important  aspect  highlighted  by  the  GWU  representative  is  that  when  the 
trade union signs a collective agreement, they do not refer to people, but to the actual 
jobs  workers  perform.  Therefore,  as  the  union  representative  claims,  they  do  not 
differentiate  on  the  basis  of  gender,  race,  religion,  etc.  and  there  is  no  room  for 
discrimination.  

As highlighted by the representative of the  GWU, some legislative amendments  were 
required as both the world and work and associated working conditions have changed 
over  time.    For  example,  Malta’s  working  population  has  become  much  more  diverse 
and currently amounts to 200,000, out of whom 50,000 are foreigners. Moreover, the 
GWU  has  also  reacted  to  the  trend  of  cater  the  needs  of  a  more  diverse  workforce, 
including migrants. 

The GWU adheres to the equality policy for the GWU which means acting in line with 
the following acts regarding equal treatment: 

  The Marriage Act 

  The Equal Opportunities (Persons with Disability) Act 

  The Employment and Industrial Relations Act 

  The Equality for Men and Women Act 

  The Civil Unions Act 

  The Gender Identity Gender Expression and Sex Characteristics Act 

  Legal Notice 461/2004 - Equal Treatment in Employment Regulations 

  Legal Notice 85/2007 - Equal Treatment of Persons Order 

270 https://www.gwu.org.mt/ReadText.php?ID1=L&ID2=43  
271 The Equality Policy for the General Workers’ Union (GWU), by the Equal Opportunities Committee, 2018 

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  Legal Notice 524/2007  - Extension of Applicability to Service with Government 

(Equal Treatment in Employment) 

  Legal  notice  181/2008  -  Access  to  Goods  and  Service  and  their  Supply 

Regulations272 

Apart from the GWU’s equality policy for the GWU, the members of the union must also 
adhere to the following policies: 

  Migrant Workers Policy 

  Equality at the place of work with emphasis on gender policy 

  Lesbian, Gay, Bisexual & Transgender Employees Policy 

  Data Protection and Wage Policy273 

The main underpinning principles of these policies are: 

  The need to encourage social justice and equal opportunities for free and decent 

living 

  Employment for everyone free of any form of discrimination and harassment274 

The Act on Equal Pay was implemented in 1975, and primarily covered discrimination 
between men and women. At that point, there was no transgender or gay concept. The 
year of 2003 was highlighted in relation to the movement for the promotion of the same 
sex marriage which, in turn, led to the law being amended. Consequently, since 2003 
the Labour Law covers all kinds of discrimination. Moreover, there has been an increase 
in activities in relation to LGBTQIA since 2013, as Malta won a prize about civil rights 
for this group for three consecutive years.  

The application of equality policy has been implemented for moral and ethical reasons. 
According to the representative of the trade union, “it does not lead to anything good if 
we treat someone differently based on his/her religion or gender”. As a result, the union 
representative considers the practice as the right thing to do.  

Another reason behind the initiation of this practice was a demand for action caused by 
a  huge  influx  of  economic  migrants  to  Malta  in  recent  years.  The  trade  union  had  to 
react  to  this  new  emerging  trend.  As  a  result,  the  union  has  implemented  activities, 
such  as  proposing  new  legislation  to  the  government,  providing  diversity  training  to 
employees, or setting up refugee commissions. As stated by the representative of the 
GWU: “Where there is a market, we lobby for it”. The trade union is still being proactive 
in this regard, targeting new groups such as migrant workers based on current societal 
and economic trends.  

6.11.3  Focus of the practice  

The  objective  of the initiative, as highlighted by the  representative of  the GWU, is to 
promote  equal  treatment,  in  that  there  cannot  be  any  discrimination  based  on  race, 
sexual orientation or on any other grounds at the workplace.  

The  GWU’s  equality  policy  explicitly  states  that:  “It  ensures  that  individuals  are  not 
discriminated  against  because  of  their  sex/gender,  family  responsibilities,  sexual 
orientation,  age,  religion  or  belief,  race/ethnic  origin,  gender  identity,  gender 

272 The Equality Policy for the GWU 
273 The Equality Policy for the GWU, p. 3 
274 The Equality Policy for the GWU, p. 4 

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expression,  sex  characteristics,  disability  and  any  other  form  which  may  be  deemed 
discriminatory”.275 

This antidiscrimination principle in employment is defined by law in Malta. Some of the 
laws mentioned in 6.11.2 stipulate that no person can be discriminated: 

  In  the  arrangements  made  to  determine  and  in  determining  who  should  be 

offered employment; 

  In the terms and conditions of employment; 

  In determining who should be dismissed from employment; 

  In not recognising the right of an individual for gender identity, gender expression 

and sex characteristics; 

  On grounds of disability.276 

The GWU guarantees employment underpinned by non-discrimination practices within 
the GWU based on its equality policy concerning the following actions: 

  The selection process of elective positions in the GWU; 

  The selection and recruitment process for posts/jobs at the GWU.277 

In order to have access to a workplace, the union must be recognised by an employer. 
The State has also labour inspectors who check whether working conditions are in line 
with the law. 

The  trade  union  implements  specific  policies  on  equal  pay  for  LGBTQIA  as  well  as 
refugees  and  economic  migrants.  The  latter  group  has  always  been  on  their  agenda. 
Equal  pay  for  equal  work  belongs  to  one  of  GWU’s  main  pillars.  The  union  treats 
everyone the same way. The GWU also collaborates with NGOs to address any type of 
racism that can be faced at the workplace.  

In terms of financial resources, everything is covered by the union; therefore, costs are 
covered  from  membership  fees  and  commercial  activities.  The  union  has  13  full  time 
employees and 15 to 19 part-time employees.  

Eight  hundred  delegates  voted  and  participated  in  setting  up  the  GWU  policies.  A 
bottom-up  policy  has  been  applied,  for  example,  delegates  are  consulted  on  all  the 
activities implemented by the union.  

The union has a special committee that seeks to ensure equal opportunities to everyone 
– the Equal Opportunities Committee. Furthermore, as describes in the Equality Policy 
for the GWU, the Committee “will oversees the development and implementation of non-
discrimination and equal opportunities. It is an active participant in various national and 
European councils which deal with all equality issues. The aim of this committee is to 
keep  abreast  of  any  changes  in  legislation  and  national  policies.  It  may  also  seek  to 
further develop innovative policies in consultation with different stakeholders”.278  

In  addition  to  the  Committee,  the  union  established  the  post  of  Equality  officer  – 
currently  the  president  of  the  GWU  –  who  is  in  charge  of  the  implementation  of  the 
Equality Policy.279 

The level of resources invested into fostering equality has increased in recent years. The 
union has currently two departments dealing with equal treatment. A member from the 

275 The Equality Policy for the GWU, p. 3 
276 The Equality Policy for the GWU, p. 6 
277 The Equality Policy for the GWU 
278 The Equality Policy for the GWU 
279 The Equality Policy for the GWU 

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Executive committee has been allocated to the Equal Opportunities Committee. Having 
said that, it was reported that more human resources could be further allocated to these 
activities. However, this depends on the union’s ability to secure more funding, including 
public funds.  

6.11.4  Activities implemented  

The following activities were implemented in the framework of the practice in relation 
to the promotion of equality: 

  Discussions 

-  with the partners 

-  with job seekers 

- 

internal discussions 

  Conferences – During the last conference, the union updated the policy document 
on equality and also introduced a new policy regarding mental well-being. They 
also  have  a  number  of  policies  covering  specific  topics,  such  as  wages  for 
LGBTQIA, or data protection 

  Working groups 

  Meetings with external experts 

  Training – Some ongoing training courses/sessions are, for example, a course on 
mental well-being, a course on industrial relations, a course on equal treatment 
and non-discrimination. 

  Regarding migrants, a hub was created for those who are unemployed. They can 
obtain  a  job  in  the  hub  and  work  there  for  a  day,  which  is  regulated  by  law. 
Everything is handled by the organisation in charge of the hub. 

The  union  runs  these  activities  on  regular  basis  and  various  employment-related 
subjects are covered, they are not solely focused on discrimination.  

The  union  applies  a  bottom-up  approach  through  these  activities.  The  purpose  is  to 
obtain ideas from the public and exchange good practices in relation to equal treatment 
and non-discrimination at work. The GWU also invites experts in these fields. 

It  should  be  noted  that  the  union  was  heavily  involved  in  establishing  the  Equality 
Authority – the National Commission for the Promotion of Equality (NCPE). 

Some examples of specific events/activities in relation to the promotion of equality that 
the GWU held in cooperation with the GWU Youths – a voluntary organisation, which is 
affiliated to and forms part of the GWU – are the following: 

  Hate Speech and Hate Crime Workshops (see Figure 36) – a series of workshops 
on 29 March, 5 April, and 12 April 2017 also conducted by the People For Change 
Foundation 

  Conference ‘HIV+ People and Transgender People as Our Colleagues’ (see Figure 
37), held on 7 September, 2017 – a half-day conference, held in partnership with 
Malta Pride 

  Pride Movie Night (see Figure 38) held on 12 September 2018 – as a part of Malta 

Pride 2018 

  Participation in the annual Gay Pride March 2018 (see Figure 39) 

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Figure 36. A poster advertising Hate speech and Hate Crime Workshops 

Source: Facebook page of the GWU Youths 

Figure 37. A poster advertising Conference HIV+ People and Transgender People as Our 

Colleagues 

Source: Facebook page of the GWU Youths 

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Figure 38. A poster advertising Movie Night 

Source: Facebook page of the GWU Youths 

Figure 39. Attendance of the GWU at the Gay Pride March 2018 

Source: Facebook page of the GWU Youths 

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6.11.5  Partnership  

As the list below shows, the GWU cooperated with a wide range of other partners on the 
promotion of equality:  

  Ministry of European Affairs and Equality 

  National Commission for the Promotion of Equality (NCPE) 

  Chamber of Commerce 

  Malta Employers’ Association 

  Other trade unions – Forum, UHW, Confederation of Maltese trade unions 

  Participation on the National Tripartite meetings 

  The  GWU  is  also  represented  in  the  Malta  Council  for  Economic  and  Social 

Development 

  Malta Chamber of SMEs (GRTU) – their involvement in promoting equality while 
participating in discussions with the GWU was confirmed by a representative of 
the GRTU. Furthermore, the organisation was present at a seminar organised by 
the UNHCR on how migrants can become better integrated at the workplace. As 
a part of this seminar, focus groups with employers, facilitated by the GRTU, were 
held.  

  NGOs for refugees 

The extent to which the partners were involved in partnership working with the GWU to 
promote  equality  at  the  workplace  differed.  The  GWU  discussed  specific  issues 
encountered at the workplace related to unequal treatment and discrimination with the 
partners.  The  trade  union  also  had  bilateral  discussions  with  the  Malta  employers’ 
association and the Chamber of Commerce.  

There is a department at the Ministry that focuses solely on equality. The trade union 
held several meetings with this department about equal treatment. While trying to push 
for  some  legislative  changes,  the  trade  union  also  held  meetings  with  the  NCPE  and 
other relevant government bodies. 

The  involvement  of  the  partners  enabled  effective  and  enhanced  implementation.  It 
helped the union to better understand each organisation’s point of view in relation to 
equal treatment and non-discrimination. 

The  collaboration between the trade union and its partners worked well. To this end, 
the  representative  of  the  GWU  emphasized  the  strong  relationship  with  both  the 
employers’ organisation and the government. No major issues were encountered during 
the  cooperation  with  the  partners.  If  any,  it  was  rather  related  to  different  views  of, 
which is embedded in the foundations of each organisation.  

The  GWU  negotiated  the  issues  related  to  equality  and  non-discrimination  with  the 
government. Furthermore, the trade union took part in a tripartite employment relations 
board  that  tackled  issues  of  national  importance  concerning  employment  legislation, 
which also covers equal treatment and non-discrimination in this regard. 

The  union  negotiates  with  employers  on  daily basis.  Non-discrimination  is  defined  by 
law and, as argued, easy to implement. If the GWU encounters any difficulties in their 
efforts in that respect, the union then involves employers. 

6.11.6  Impact of the practice  

The  efforts  of  the  GWU  were  translated  into  the  implementation  of  law  and  good 
practices at the workplace. A lot of legislative changes has been adopted in the area of 
equal  treatment  since  2013.  For  instance,  regarding  the  legislation  on  equal  pay  for 

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jobs/work  of  equal  value,  at  all  workplaces,  where  the  union  is  recognised,  it  was 
reported this has been put in action. Everybody receives the same remuneration based 
on his/her work, regardless of their sexual orientation, gender identity, ethnicity, etc.  

As  the  GWU  representative  highlighted,  legislation  has  changed  in  relation  to  other 
protected  characteristics.  For  example,  such  topics  as  the  recognition  of  transgender 
and the right for same sex marriage. Malta was among the first countries to implement 
such measures.  

The ultimate goal of the trade union is to ensure equal treatment to everybody based 
on  the  value  of  his/her  job.  In  this  sense,  the  collective  agreements  have  helped  to 
realise that. For employees employed under the same employer, the value of the job is 
the same, because it is covered by the same collective agreement.  

All  the  activities  undertaken  by  the  GWU  have  helped  to  realise  the  following  and 
particularly trainings and workshops to disseminate knowledge at the workplace.  

It was reported that even some studies showed this impact, emphasizing that there is 
no  discrimination  because  the  trade  union  makes  sure  that  value  of  remuneration  is 
based on the job.  

6.11.7  Success factors  

The representative of the GWU highlighted several factors that enabled the successful 
implementation of the  practice (i.e. collective bargaining on economic migrants, non-
discrimination and LGBTQIA): 

  The implementation of the Labour law and specific legislative acts mentioned in 

6.11.2 

  The power of collective agreements 

  The social dialogue 

  Communication and cooperation with different stakeholders 

  The  collaborative  relationship  with  employers  and  the  government  to  ensure 

effective implementation and involvement of all relevant parties. 

6.11.8  Hindering factors and areas for improvement  

The representative of the GWU has not identified any weaknesses. However, one of the 
issues reported in relation to the implementation was that not all companies/workplaces 
are unionised.  The union cannot monitor what  is happening in such workplaces  since 
the GWU can only have access to workplaces where it is recognised. The GWU can only 
acknowledge whether they follow the law, or not. The union can ask about wages, but 
employers are not obliged to provide them with the answer.  

In order to overcome this shortcoming, the GWU suggests making union membership 
obligatory  for  all  workers  in  Malta.  To  this  end,  in  October  2018,  the  union  made  a 
formal proposal to the Malta Council for Economic and Social Development.  

As reported by Mr Bugeja, GWU’s secretary general, in November 2018: “Our proposal 
is  a  simple  one,  to  work  so  that  every  worker  is  a  member  of  a  trade  union  of  their 
choice, in order to ensure that no worker can be exploited or discriminated against. I 
believe  the  proposal  shouldn’t  have  any  negative  impacts  on  the  country’s 
competitiveness,  especially  considering  that  the  biggest  companies  in  our  countries 

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have  expanded  their  operations  in  coordination  and  cooperation  with  the  GWU  that 
collectively represents their employee”.280  

In terms of areas for further improvement, the principle of equal pay for jobs/work of 
equal value could be widen. It is not yet being negotiated in the government, but it is 
on its agenda, as reported by the representative of the GWU. 

6.11.9  Transferable elements of the practice  

The  representative  of  the  GWU  was  not  entirely  sure  about  how  to  implement  such 
practices  in  other  countries,  as  it  is  largely  dependent  on  a  country  context.  Some 
elements of the practice that can be transferred can be found in 6.11.7 that elaborated 
on the success factors such as putting emphasis on social dialogue, or on collaboration 
with relevant partners.  

As reported by the union representative, conditions such as consultation information or 
collective agreements should be in place for a successful transfer to other countries.  

280https://www.maltatoday.com.mt/news/national/90698/general_workers_union_asks_social_partners_to_
discuss_proposal_for_obligatory_union_membership#.W_VxkWyWyzk  

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6.12  Poland - Advocacy and legal advice for minority groups (OPZZ) 

6.12.1  Summary of the case study 

  Country: Poland  

  Name of the trade union: Ogólnopolskie Porozumienie Związków Zawodowych 

(OPZZ) (The All-Poland Alliance of Trade Unions (OPZZ Confederation))  

  Title of the case study: Advocacy and legal advice for minority groups.  

  Link to the website of the case study (practice/s):  

Trade union for Ukrainian workers: http://www.mpupp.kit-sleuth.in.ua/en/ (in UA 
and EN) https://mzzpup.blogspot.com/ (in UA and PL) 

LGBT officer: n/a discontinued  

  Date when the practice/s was first implemented: 

Trade union for Ukrainian workers: https://mzzpup.blogspot.com/ 

LGBT officer: n/a discontinued  

  Whether practice/s still on-going:  

Trade union for Ukrainian workers: May 2016 – ongoing  

LGBT officer: 2009-2011 (discontinued) 

  Whether the practice was included in the 2010 study: practice not included 
in 2010 study. The practice was identified in 2018/2019 survey among trade union 
members.  

  Sector of the trade union/practice/s: Seven sectors of economy: energy and 
mine;  industry;  education  and  science  (incl.  teachers’  union);  public  services; 
building and woodworkers; transport; commerce, services, culture and arts. 

  Ground  of  discrimination  addressed:  Discrimination  on  the  basis  of  ethnic 
origin,  religion  or  belief  (trade  union  for  Ukrainian  workers);  sexual  orientation 
and gender identity (LGBT officer).  

  Short description and focus of the case study: 

The OPZZ Confederation has helped to set up a trade union for Ukrainian workers 
in Poland to represent and defend their rights. In addition, the OPZZ Confederation 
supports financially the provision of legal advice and counselling for unionised and 
non-unionised migrant workers.  

In the period 2009-2011, OPZZ appointed a LGBT officer who provided advice and 
support to LGBT members and promoted LGBT equality in the workplace.  

  Short description of activities: 

The trade union for Ukrainian workers, set up with the help of OPZZ, is involved 
in advocacy work on behalf of migrant workers and participates in consultations 
with the government. The Warsaw unit of the  OPZZ Confederation finances the 
legal officer who provides advice and support to migrant employees. 

The LGBT officer provided advice and support to LGBT members in terms of their 
employment-related issues; organised conference promoting LGBT equality in the 
workplace;  and  took  part  in  consultations  with  the  government  on  the 
transposition of the anti-discrimination directive outside the workplace into Polish 
law. 

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  Short description of results and impact: 

The  number  of  unionised  migrant  workers  remains  low  (over  1,000  members); 
therefore,  the  union  still  has  to  be  financially  supported  by  the  OPZZ 
Confederation. Despite such support, the trade union for Ukrainian workers enjoys 
autonomy in terms of its management and advocacy work. 

The  post  of  the  LGBT  officer  was  discontinued  in  2011  due  to  lack  of  financial 
resources, lack of interest of management to continue the activities and following 
the withdrawal of one of the unions from the Confederation.     

6.12.2  Introduction  

Ogólnopolskie Porozumienie Związków Zawodowych (OPZZ) (The All-Poland Alliance of 
Trade Unions (OPZZ Confederation)) is one of the main trade union confederations in 
Poland. It is cross-sectoral and has around 0.5 million members. It has been founded in 
1984. The mission of OPZZ is stated as the defence of social and worker's rights through 
the work of the trade unions. OPZZ has strongly supported the demands of state-owned 
industry sector. 

In May 2016, the OPZZ Confederation281 helped to establish the trade union of Ukrainian 
workers. Since then, OPZZ Confederation supports financially the operation of the trade 
union of Ukrainian workers.  

The practice was inspired by initiatives taken by the UK and Swiss trade unions which 
established similar unions for Polish workers after Poland's accession to the European 
Union.  The  practice  was  not  triggered  by  EU  legislation  nor  by  any  specific  national 
legislation. None of national policy measures impacted its scope nor implementation.  

The socio-economic changes, in particular migration trends, have had an impact on the 
types of discrimination cases reported by employees.  

Following  the  accession  to  the  European  Union,  a  high  number  of  Poles  emigrated  to 
western EU Member States (it is estimated that in 2017, over 2.1 million of Poles lived 
in other EU countries, compared to only 750,000 in the accession year of 2004)282. This 
created a gap in the workforce and resulted in a higher inflow of Ukrainian workers to 
the Polish labour market.  

In 2017, Poland issued the highest number (597,000) of residence permits in the EU for 
employment-related reasons. This was mainly to Ukrainian workers. 

Due  to  these  migration  flows  in  recent  years,  the  OPZZ  Confederation  felt  it  is  their 
moral duty to support migrants usually in precarious employment and/or in workplaces 
with no or very limited trade union presence (i.e. in construction, agriculture and home 
care sectors). In cooperation with major Ukrainian trade union, the Confederation has 
helped to establish a trade union for migrant workers in Poland to combat undeclared 
work,  social  dumping  and  prevalent  exploitation  of  Ukrainian  workers  on  the  Polish 
labour market.  

In 2009, the OPZZ Confederation appointed a LGBT officer to support and represent this 
minority  group.  This  initiative  came  about  as  a  result  of  the  overall  left-wing  and 
progressive profile of the trade union. The initiative was triggered by the homophobic 
attitudes of the Polish society and the lack of governmental support to LGBT minority 
groups.  The  practice  was  inspired  by  a  British  trade  union  –  UNISON  where  a  LGBT 
officer  and  LGBT  members  play  an  important  role  in  the  union's  structure  and  in 

281 The Confederation represents almost 900,000 members in 86 trade unions  
282  GUS  (2018)  Informacja  o  rozmiarach  i  kierunkach  czasowej  emigracji  z  Polski  w  latach  2004-2017, 
available  at:  http://stat.gov.pl/obszary-tematyczne/ludnosc/migracje-zagraniczne-ludnosci/informacja-o-
rozmiarach-i-kierunkach-czasowej-emigracji-z-polski-w-latach-2004-2017,2,11.html 

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developing its agenda.283 Following the secondment of an OPZZ Confederation employee 
to UNISON, the LGBT officer was appointed in Poland and worked in this post until 2011.  

6.12.3  Focus of the practice 

Two  practices  are  focused  on  particular  target  groups:  migrants  (trade  union  of 
Ukrainian workers) and the LGBT minority (for whom there is a dedicated officer at the 
OPZZ Confederation). 

The aim of establishing the trade union of Ukrainian workers was to combat undeclared 
work  and  social  dumping  to  which  migrant  workers  are  exposed  on  the  Polish  labour 
market.  The  union  is  financially  supported  by  the  OPZZ  Confederation  through  its 
members'  fees.  It  has  autonomous  management  and  independence  in  terms  of 
developing its programme. The union participates in consultations with the government 
and  advocates  for  the  rights  of  Ukrainian  workers.  Legal  support  provided  within  the 
trade union of Ukrainian workers is available to all migrant workers, regardless of their 
membership  in  the  trade  union.  Although  the  OPZZ  Confederation  has  regional  and 
district level branches, both the trade union of Ukrainian workers and the provision of 
legal support are for the moment only based in the Warsaw region. 

6.12.4  Activities implemented 

This section provides an overview of the main activities/outputs implemented under the 
two  practices  presented  here:  the  trade  union  for  Ukrainian  workers  and  the 
appointment of a LGBT officer. 

6.12.4.1  Trade union for Ukrainian workers  

The trade union of Ukrainian workers is involved in the following activities: 

  Advocacy – the union is involved in dialogue with the government (e.g. calling 

for an amnesty for Ukrainians working illegally in Poland).284 

  Awareness raising – participating and/or jointly organising conferences on the 
role and employment conditions of migrant workers in Poland.  For example, in 
2017,  it  supported  the  organisation  of  the  conference  on  “Empathy  and 
Calculation: Municipal and Woyewodski administration towards labor migration”. 
The  aim  of  the  conference  was  to  highlight  the  problems  faced  by  migrant 
workers on Polish labour market (see Figure 40). The union's website provides 
information in Ukrainian about its activities (see Figure 41).   

  Legal support – the union employs one lawyer specialising in labour law  who 
provides  legal  counselling  to  all  migrant  workers,  regardless  of  their  union 
membership. Counselling is provided in the Warsaw's headquarters of the OPZZ 
Confederation and by phone. Most reported cases are related to lack of / delayed 
payments for work already undertaken, violence or harassment in the workplace, 
and undeclared work. The union cannot afford to handle itself lawsuits on behalf 
of migrant workers but provides advice about the Polish labour law and can, on 
occasion,  act  as  a  mediator  with  employers  reminding  them  about  the  labour 
code or pointing that a particular case of migrant worker’s exploitation could be 
publicized in media and attract negative publicity for the employer concerned.   

  All activities of the trade union of Ukrainian workers are financed by the OPZZ 
Confederation. For the moment, these activities are concentrated in the Warsaw 

283 Rogalewski A. Presentation "Contribution and role of OPZZ in promoting LGBT equality in Poland", available 
at: http://www.trade-union-rainbow-rights.org/rogalewski-1.pdf 
284  https://ec.europa.eu/migrant-integration/news/poland-ukrainian-workers-trade-union-calls-for-amnesty-
for-illegal-workers 

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district.  In  the  future,  OPZZ  would  like  to  increase  the  number  of  Ukrainian 
workers represented in the regional branches of the union. 

Figure 40. Flyer  informing  about  conference  “Empathy  and  Calculation:  Municipal  and 
Woyewodski  administration  towards  labor  migration”  co-organised  by  the 
trade union of Ukrainian workers 

Source: http://www.mpupp.kit-sleuth.in.ua/en/the-trade-union-invites-to-the-conference/ 
(accessed on 17/04/2019) 

Figure 41. Website of the trade union of Ukrainian workers 

Source: http://www.mpupp.kit-sleuth.in.ua/blog/ (accessed on 17/04/2019) 

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6.12.4.2  The LGBT officer 

The LGBT officer, who was in post in the period 2009-2011 was involved in the following 
activities: 

  Advice and support for LGBT union members on employment issues (no cases 

were brought to Employment Tribunal). 

  Awareness raising – in cooperation with UNISON (British trade union), ETUC 
and the International Lesbian, Gay, Bisexual, Trans & Intersex Association (ILGA) 
OPZZ organised the conference "Extending LGBT equality to Central and Eastern 
Europe" during Europride 2010 in Warsaw (see Figure 42). Crucially, this was the 
first  conference  on  LGBT  equality  organised  by  a  trade  union  in  Central  and 
Eastern Europe.  

  The conference explored best practice and experience in Western European trade 

unions in promoting LGBT equality, including: 

-  supporting LGBT trade union activists 

- 

- 

raising awareness of discrimination against LGBT people 

tackling  workplace  discrimination  on  the  grounds  of  sexual  orientation  and 
gender identity 

-  Thanks to the  LGBT officer, the OPZZ's delegation participated in Gay Pride 

for the first time 

  Advocacy – The LGBT officer criticized the work of Minister for Equal Treatment 
in Poland and government's lack of initiative to promote equality on the grounds 
of sexual orientation and gender identity.  

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Figure 42. Flyer  informing  about  conference  "Extending  LGBT  equality  to  Central  and 

Eastern Europe" 

Source: 
(accessed on 17/04/2019) 

https://www.epsu.org/sites/default/files/article/files/LGBT_Conference_high-res.pdf 

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6.12.5  Partnership 

In both practices, OPZZ cooperated with civil society organisations.  

The officer providing legal support for migrant workers cooperates with La Strada which 
is  focusing  on  human  trafficking.  On  occasion,  the  union  for  Ukrainian  workers  also 
cooperates with the Polish Public Employment Services (PES).  

The  LGBT  officer  cooperated  with  the  International  Lesbian,  Gay,  Bisexual,  Trans  & 
Intersex  Association  (ILGA),  UNISON  (British  trade  union)  and  ETUC  to  organise  the 
conference  mentioned  above  and,  on  other  occasions,  liaised  with  Polish  NGOs 
representing LGBT groups – e.g. Campaign Against Homophobia (KPH). 

6.12.6  Impact of the practice 

The  trade  union  for  Ukrainian  workers  currently  has  1,007  members.285  The  OPZZ 
Confederation is committed to supporting the union until it becomes self-sufficient.  

The  trade  union  for  Ukrainian  workers  is  involved  in  advocacy  work  and  consults  the 
government  on  important  issues  for  migrant  workers  (e.g.  previously  mentioned  an 
amnesty for Ukrainians working illegally in Poland).  

Due to lack of funding, the legal support is provided on a small scale and only in the 
Warsaw  district.  Nevertheless,  it  should  be  noted  that  the  support  is  provided  to  all 
migrant workers regardless of union membership. 

The post of LGBT officer was discontinued in 2011 due to lack of funding and support 
from union members to promote LGBT equality. For example, following the appointment 
of  the  LGBT  officer,  one  of  trade  unions  withdrew  from  the  Confederation.  As  can  be 
seen  from  the  last  meeting  of  the  OPZZ's  programming  board,  the  differences  in 
opinions in this regard are still evident. Some members share the opinion that equality 
on the grounds of sexual orientation and gender identity should not be highlighted in 
the union's agenda.286 

6.12.7  Success factors 

The  following  factors  contribute  to  the  success  of  the  two  practices  presented  in  the 
report: 

  The  management  of  the  established  trade  union  for  Ukrainian  workers  is 
autonomous  from  the  OPZZ  Confederation,  while  the  union  also  enjoys 
independence  in  developing  its  programme.  This,  in  turn,  empowers  migrant 
workers and allows them to focus on important issues that are pertinent to them 
such as the call for an amnesty for illegal workers.  

  Legal  and  financial  support  provided  by  the  OPZZ  Confederation  allows  the 
trade  union  for  Ukrainian  workers  to  operate  until  the  number  of  its  members 
grow to such a degree as to allow it to be self-sufficient. 

  Cooperation  with  civil  society  organizations,  such  as  those  focusing  on 
human trafficking, allows the union to provide support in most extreme cases of 
exploitation of migrant workers. 

  Naming and shaming in the media to expose companies that offer poor working 
conditions to migrant workers is a good strategy when the union does not have 
funds to represent migrant workers in Employment Tribunals. 

285 http://www.mpupp.kit-sleuth.in.ua/en/how-to-become-a-member/ 
286 http://www.opzz.org.pl/aktualnosci/kraj/posiedzenie-komisji-programowej-opzz 

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  Pioneering  initiatives,  such  as  appointing  a  LGBT  officer,  put  the  issue  of 
equality on the grounds of sexual orientation and gender identity more visibly on 
the union's agenda.  

6.12.8  Hindering factors and areas for improvement 

The lack of long-lasting and sustainable financial support which assists social partners 
in their initiatives to tackle discrimination and promote diversity at the workplace is one 
of the factors hindering the success of the practices. Indeed, the operation of the trade 
union  for  Ukrainian  workers  is  concentrated  in  the  Warsaw  district  due  to  lack  of 
sufficient  funding.  To  mitigate  this  problem,  the  OPZZ  Confederation  is  considering 
increasing  the  number  of  Ukrainian  workers  that  are  represented  in  management  of 
regional branches of the OPZZ.  

The weak enforcement of anti-discriminatory legislation in Poland is another hindering 
factor.  The  current  Polish  government  does  not  want  to  develop  a  proper  migration 
strategy, or to promote LGBT equality.  

Homophobic  attitudes  of  the  society  and  views  of  some  union  members  that  LGBT 
equality should not be part of the union's agenda shows the need for actions taken by 
OPZZ.  

6.12.9  Transferable elements of the practice  

Both  practices  of  the  OPZZ  Confederation  were  themselves  transferred  from  West-
European unions.  

For these practices to be successful, it is necessary to secure the union's commitment 
to  financially  support,  through  its  member's  fees,  equality  and  anti-discrimination  on 
the grounds of migrant background, sexual orientation and gender equality.  

The  case  of  the  trade  union  for  Ukrainian  workers  also  shows  the  importance  of 
empowering  migrant  employees  by  giving  them  autonomy  to  self-manage  their 
association and to independently set their agenda.  

The  post  of  the  LGBT  officer  brought  to  union's  attention  issues  that  are  against  the 
mainstream,  homophobic  views  of  the  Polish  society.  Although  the  practice  was 
discontinued in 2011, it has nevertheless put the issue of discrimination on the grounds 
of  sextual  identity  on  the  union's  agenda.  However,  as  can  be  seen  from  the  recent 
programming meeting of the union, it will still take time for the union to agree whether 
it should promote LGBT equality.  

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6.13  Poland  -  Legal  Counselling  and  Support,  Awareness  Raising 

Training for Trade Union Members (NSZZ Solidarność) 

6.13.1 Summary of the case study 

A summary of the case study is provided in the box below. 

  Country: Poland  

  Name  of  the  trade  union:  NSZZ  Solidarność  (The  Independent  and  Self-

Governing Trade Union Solidarność)  

  Title  of  the  case  study:  Legal  counselling  and  support,  awareness  raising 

training for trade union members  

  Link to the website of the case study (practice/s):  

  Legal 

counselling: 

http://www.solidarnosc.org.pl/biura-eksperckie2/pomoc-

prawna-w-nszz-solidarnosc 

  Training: 

http://www.solidarnosc.org.pl/images/files/szkolenia_2/Patologie_w_miejscu_pr
acy_2.pdf 

  Date when the practice/s was first implemented: Since 2004 

  Whether practice/s still on-going: Still on-going 

  Whether the practice was included in the 2010 study: Practice not included 
in 2010 study. The practice was identified in 2018/2019 survey among trade union 
members.  

  Sector  of  the  trade  union/practice/s:  All  sectors  of  economy  and  services 
(i.e.: energy and mine, metal, food industry, science and education, agriculture, 
construction, chemical, post, Transport, public services, media and entertainment, 
banking  and  insurance,  health  services,  natural  resources  and  environmental 
protection). 

  Ground  of  discrimination  addressed:  All  types  of  discrimination,  including 
discrimination  on  the  basis  of  racial  or  ethnic  origin,  religion  or  belief,  sexual 
orientation  and  gender  identity,  individually  or  explicitly  tacking  multiple 
discrimination. Due to socio-economic and demographic changes in Poland, lately 
the focus of the practice was on the discrimination on the basis of ethnic origin, 
religion or belief.  

  Short description and focus of the case study: 

NSZZ Solidarność provides legal counselling and support to unionised employees 
and non-unionised young people on all types of discrimination, including on the 
basis  of  racial  or  ethnic  origin,  religion  or  belief,  sexual  orientation  and  gender 
identity. The trade union provides advise how antidiscrimination provisions should 
be  included  in  enterprise  level  documents  (collective  agreements,  work 
regulations, etc.).  

  Short description of activities: 

Each  region  of  NSZZ  Solidarność  has  legal  unit  that  provides  legal  advice  and 
support  to  employees.  The  regions  have  also  training  unit  that  offers,  among 
others, training to union members on the antidiscrimination issues. 

  Short description of results and impact: 

The number of counselling sessions and training provided varies on annual basis 
and depends on the region. On annual basis 3 to 4 training sessions, covering the 
issue of discrimination in the workplace, take place in each of the regions. There 

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no studies demonstrating the impact of the practice on the level of awareness and 
the  number  of  reported  cases  of  discrimination.  However,  from  personal 
experience  of  trade  union  representative,  the  inclusion  of  antidiscrimination 
clauses in collective agreements and work regulations increases the awareness of 
employees and employers on the antidiscrimination issues.  

6.13.2  Introduction 

NSZZ Solidarność is one of the main trade unions in Poland. It was established in 1980. 
The  union  represents  722,000  workers,  with  union  members  in  every  industry  and 
services.  It  has  a  territorial-branch  structure.  8105  thousand  enterprise  Union 
organisations  (locally)  are  associated  into  34  regions.  Enterprise  Union  organisations 
are associated at the same time in the national branch sections which form 16 national 
branch secretariats. 

Since 1996 NSZZ Solidarność providing legal support to union members.  

The accession of Poland to the European Union in 2004 and the need to transpose the 
Directives  into  national  law  prompted  the  trade  union  to  extend  the  scope  of  legal 
support to the equal treatment of employees on the grounds of racial or ethnic origin, 
religion or belief, sexual orientation and gender identity.  

The support has been provided on an on-going basis since 2004 and no major changes 
have been made in 2010.  

The practice was triggered by EU legislation and no specific national legislation nor policy 
measures impacted its scope or implementation.  

The socio-economic changes, in particular migration trends, have an impact on the types 
of discrimination cases reported by employees and in effect the scope of legal advice.  

Following  the  accession  to  the  European  Union,  a  high  number  of  Poles  emigrated  to 
western EU Member States (it is estimated that in 2017, over 2.1 million of Poles lived 
in other EU countries, compared to only 750 thousand in the accession year of 2004287). 
This created a gap in the workforce and resulted in a higher number inflow of Ukrainian 
workers to the Polish labour market.  

In  2017,  Poland  issued  the  highest  number  of  residence  permits  in  the  EU  for 
employment-related reasons (597 thousand). This was mainly to Ukrainian workers. 

Due to these migration flows in recent years, the NSZZ Solidarność noted an increase 
in  the  number  of  reported  cases  of  discrimination  on  the  grounds  of  ethnic  origin, 
religion or belief. This type of discrimination was very rare in the past as Polish society 
has always been rather homogenous. For example, in 2015, 92.8% of Poles described 
themselves as Roman-Catholics. Three years later this number dropped to 91.9%288.   

The EU case law serves as an example for the Union on how to handle these new types 
of  discrimination  in  Poland.  In  addition,  the  NSZZ  Solidarność  is  using  practices  and 
experiences  of  trade  unions  in  other  Member  States  (e.g.  through  ETUC,  ETUCE)  to 
modify its practice and how they should respond to the growing need for support in the 
area of equality on the basis of ethnicity origin, religion or beliefs.        

287  GUS  (2018)  Informacja  o  rozmiarach  i  kierunkach  czasowej  emigracji  z  Polski  w  latach  2004-2017, 
available  at:  http://stat.gov.pl/obszary-tematyczne/ludnosc/migracje-zagraniczne-ludnosci/informacja-o-
rozmiarach-i-kierunkach-czasowej-emigracji-z-polski-w-latach-2004-2017,2,11.html 
288  GUS  (2018)  Życie  religijne  w  Polsce.  Wyniki  badania  spójności  społecznej  2018,  available  at: 
http://stat.gov.pl/obszary-tematyczne/inne-opracowania/wyznania-religijne/zycie-religijne-w-polsce-wyniki-
badania-spojnosci-spolecznej-2018,8,1.html 

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6.13.3  Focus of the practice 

The aim of the practice is to prevent, raise awareness, identify and support employees 
exposed and/or experiencing discrimination on the basis of race or ethnic origin, religion 
identity  (individually  or  multiple 
or  beliefs,  sexual  orientation  and  gender 
discrimination).  The  practice  also  covers  other  forms  of  discrimination  particularly  on 
the grounds of sex and age.   

The  practice  does  not  focus  on  particular  target  groups  (e.g.  LGBT,  migrants,  ethnic 
minorities).  

The support is offered to all unionised employees and non-unionised young workers and 
is  primarily  provided  to  members  of  NSZZ  Solidarność  who  can  receive  free  legal 
counselling and legal services later on when the case is brought to the labour court. This 
type  of  support  is  also  offered  to  non-unionised  young  employees  as  a  measure  to 
encourage them to become a member in the future.  

Trade  union  members  can  also  participate  in  training  which,  among  others  covers 
in  the  workplace.  Amongst  other  things,  the  training  covers 
discrimination 
antidiscrimination  issues  on  the  grounds  of  racial  or  ethnic  origin,  religion  or  beliefs, 
sexual orientation and gender identity.  

The  employer  or  sector  level  trade  unions,  who  are  members  of  NSZZ  Solidarność, 
receive advice  on how  non-discrimination clauses should be included in the collective 
agreements or work regulations. 

Each of the 32 regional branches of NSZZ Solidarność289 have a dedicated legal unit (4-
5  employees)  and  training  unit  (1-2  employees)  which  provide  support  to  union 
members.  The  scope  of  support  provided  by  these  units  is  broader  than  just 
discrimination  on  the  grounds  of  racial  or  ethnic  origin,  religion  or  beliefs,  sexual 
orientation  and  gender  identity.  Nevertheless,  some  employees  of  legal  units  do 
specialise in these types of discrimination.    

No  additional  resources  beyond  the  resources  needed  for  the  day  to  day  working  of 
these  units  are  being  dedicated/utilised  to  the  issues  of  equal  treatment  on  these 
grounds.  The  legal  and  training  units  and  their  activities  are  financed  by  internal 
sources,  namely  members'  fees  –  since  no  EU  funding  was  identified  to  potentially 
finance these type of activities. 

6.13.4  Activities implemented 

This section provides an overview of the main activities/outputs implemented under the 
practice: legal counselling and training. 

6.13.4.1  Legal counselling 

NSZZ  "Solidarność"  employs  lawyers  specialising  in  labour  law  for  the  needs  of 
employees associated with the Union. In the office of the National Commission of NSZZ 
"Solidarność", the legal team deals with the preparation of legal analysis, opinions on 
legal acts,  stands  for dialogue with the government, and drafts amendments to legal 
acts supporting the regional and industry structures of the Union. 

Employees receive direct legal assistance in 32 regional legal offices (see Figure 43).  

289  List  of  regional  branches  of  NSZZ  Solidarność  is  available  here:  http://www.solidarnosc.org.pl/biura-
eksperckie2/pomoc-prawna-w-nszz-solidarnosc 

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Figure 43. Information  about  legal  support  offered  by  NSZZ  "Solidarność"  on  the 

gerenetal Union's website 

Source: 
(accessed on 18/02/2019) 

http://www.solidarnosc.org.pl/biura-eksperckie2/pomoc-prawna-w-nszz-solidarnosc 

Each  regional  office  of  the  Union  employs  4-5  lawyers  (with  regional  variations)  who 
provide legal counselling and services. Support to individual employees and trade unions 
is offered from Monday to Friday from 8am to 5pm. Due to the sensitivity of some of 
the cases, counselling is provided in dedicated rooms.     

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Figure 44. Information  about  office  hours  of  laywers  in  regional  office  of  NSZZ 

"Solidarność" (Gdansk region) 

Source: http://www.solidarnosc.gda.pl/prawo/dyzury-prawnikow/ (accessed on 18/02/2019) 

The free support covers: 

  Legal  counselling  for  individual  employees  –  employees  who  feel 
discriminated against are provided with legal advice. During one-to-one sessions 
lawyers examine and identify the grounds of discrimination. Using examples of 
EU case law, discriminated employees are provided with possible ways of solving 
the issue (i.e. mediation with the employer and/or bringing the case to the labour 
court). 

  Legal services for individual employees – the Union lawyers handle lawsuits. 

The employee is only obliged to cover the cost of court proceedings. 

  Mediation  between  employee  and  employer  –  where  relevant,  the  Union 
mediates between the discriminated employee and employer to find a settlement 
between the sides. 

  Legal  advice  for  trade  union  representatives  –  the  Union  lawyers  consult 
employer’s  level  documents  brought  to  their  attention  by  trade  union 
representatives (e.g. collective agreements, work regulations, etc.) and provide 
suggestions to include anti-discrimination clauses in them.          

6.13.4.2  Training 

The Union offers variety of training to its members to raise awareness on discrimination 
on the grounds  of  race  or ethnicity, religion or  beliefs,  sexual orientation and gender 
identity.  

For  example,  training  "Workplace  Pathologies"  (in  Polish:  Patologie  w  miejscu  pracy) 
(see  Figure  45)  aims  to  prepare  union  members  in  each  company  to  prevent  the 
following irregularities in the workplace: 

  mobbing 

  discrimination 

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  burnout 

  sexual harassment 

  stress in the workplace 

The two days training covers: the identification of the problems in the workplace, factors 
that  trigger  dysfunctional  behaviour  and  work-related  stress  and  their  costs  for 
employee  and  employer,  ways  to  mitigate  the  problems,  audits  of  dysfunctional 
behaviour in the workplace, contacts to institutions offering support and activities of the 
Union  to  combat  the  dysfunctional  behaviour  and  work-related  stress.  The  training 
includes theoretical part and workshops.    

Figure 45. Online  leaflet  on  the  gerenetal  Union's  website  advertising  training  titled 

"Workplace Pathologies" which covers discrimination in workplace context 

Source: 
http://www.solidarnosc.org.pl/images/files/szkolenia_2/Patologie_w_miejscu_pracy_2.pdf 
(accessed on 18/02/2019) 

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Figure 46. Online  information  about  conducted  in  Legnica  training  titled  "Workplace 

Pathologies"   

Source: http://www.solidarnosc.org.pl/przebyte-szkolenia/item/9172-w-legnicy-przeciwdzialaja-
patologiom-w-miejscu-pracy (accessed on 26/02/19) 

The title and scope of training on discrimination differs depending on the year when it 
was  offered  and  the  region.  For  example,  in  December  2018  one-day  training  was 
organised on "State Labour Inspectorate. Equal treatment in the workplace". 

6.13.5  Partnership 

External partners are not involved in the implementation of the practice and the Union 
does not cooperate with national antidiscrimination bodies.   

The initiative is being implemented internally by all regional units of the Union. 

6.13.5.1  Impact of the practice 

The number  of  counselling sessions  and training provided varies  on annual basis and 
depends  on  the  region.  One  can  assume  that  annually  from  3  to  4  training  sessions 
covering the issue of discrimination in the workplace are held in each of the 32 regional 
branches of the Union.  

The  Union  has  not  evaluated  the  impact  of  its  services  tackling  discrimination. 
Nevertheless,  interviewee  noticed  a  positive  impact  of  the  services  on  the  level  of 
awareness  of  employees  about  the  types  of  discrimination  occurring  the  workplace 
environment.  

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According to the interviewee the problem of discrimination is lower in companies that 
have  access  to  support  offered  by  the  Union  and,  which  are  covered  by  collective 
agreements  with  anti-discrimination  clauses  or  companies  with  workplace  regulations 
with  such  clauses.  Employees  and  employers  in  these  companies  are  more  aware  of 
their rights and responsibilities, and also know where to seek support.  

6.13.6  Success factors 

The following factors contribute to the success of this practice: 

  Support  offered  by  the  Union  is  quite  comprehensive  and  complementary. 
The  training  increases  the  level  of  awareness  of  trade  union  representatives 
about discrimination and provides them with possible practical application of the 
Directive 2000/78/EC in the workplace. Lawyers employed by NSZZ Solidarność, 
provide  support  to  company  level  trade  union  representatives  by  reviewing 
collective agreements and work regulations and suggesting tin them inclusion of 
antidiscrimination  clauses.  In  addition,  the  support  offered  by  the  Union  is 
addressed  to  individual  employees  experiencing  discrimination,  providing  them 
with legal support from the initial phase through mediation with employer to, if 
needed, court case. 

  The  services offered by the Union are provided at regional level, making them 
easily  accessible  for  employees  facing  discrimination  and  trade  union 
representatives  who  wish  to  attend  training  or  consult  their  workplace 
regulations. Considering the sensitivity of discussed discrimination cases it is a 
good practice that the  Union lawyers  conduct  consultations in separate rooms, 
ensuring privacy and confidentiality of the discussion.  

  Accessibility of case law across EU allows lawyers to build on the experiences 
of other Member States and offer better support to individual employees. Through 
EU  umbrella  organisations,  the  Union  exchanges  good  practices  with  other 
European  trade  unions.  This  is  particularly  helpful  in  the  case  of  new  types  of 
discrimination cases in Poland, on the grounds of religion, ethnicity and beliefs.     

6.13.7  Hindering factors and areas for improvement 

External factors, such as lengthy of court cases (in some regions the procedure can take 
over 2 years), relatively low sanctions for employers and the lack of awareness of labour 
inspectorate about the importance of the issue were mentioned as factors hindering the 
activities of the Union. These factors potentially discourage employees to report faced 
discrimination on the basis of e.g. religion, ethnicity. 

6.13.8  Transferable elements of the practice  

Legal support offered by the Union could be replicated in other contexts. The support 
should be targeted to trade union representatives (allowing them to consult workplace 
regulations and collective agreements) and individual employees, giving them access to 
personalised, confidential and professional legal counselling and advice.  

The key success factor is provision of this support free of charge to trade union members 
and in close proximity, which requires an extensive regional/ local network.  

The  cost  to  transfer  this  practice  depends  whether  the  union  already  provides  legal 
advice in other labour law areas. With relatively low cost, support provided in the area 
of antidiscrimination could be provided in addition of other legal counselling. 

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6.14  Romania - Creating a Department For Equality (FSLI) 

6.14.1  Summary of the case study 

  Country: Romania 

  Name of the trade union: FSLI 

  Title of the case study: Creating a department for equality  

  Link to the website of the case study (practice/s): www.fsli.ro 

  Date when the practice/s was first implemented: Implemented since 2012 

  Whether practice/s still on-going: On-going  

  Whether the practice was included in the 2010 study: The practice was not 

included in the 2010 study  

  Sector of the trade union/practice/s: Education sector  

  Ground of discrimination addressed: Multiple discrimination  

  Short description and focus of the case study: The case study is about the 
process and the results of establishing a specific committee focussed on equality 
issues within the trade union structure  

  Short  description  of  activities:  The  activities  were  developing  the  initial 
concept, establishing, and nurturing an equality specific committee and delivering 
a  number  of  activities  focussed  on  bringing  the  equality  agenda  forward  in  the 
trade union  

  Short  description  of  results  and  impact:  The  key  result  related  to  the 
establishment of the equality committee in the trade union which led to a number 
of equality focussed activities in the trade union and achieved a greater awareness 
of the equality issues amongst the members 

6.14.2  Introduction  

FSLI is a nationally representative trade union organization in the education sector in 
Romania. It includes 172,000 members organized into 62 unions at the county level. 
FSLI is the biggest union in Romania, covering over 60% of all employees in education 
sector. The union’s core aims have been to ensure:  

  protection of the workers’ rights in education sector 

  collective bargaining and assurance of decent wages 

  participation in the development of legislation 

  contributions  to  the  structure  and  content  of  the  reform  and  development  of 

standards 

The FSLI’ By Laws and strategy also emphasise the continuing education and training 
of  affiliated  education  sector  workers.  The  union’s  philosophy  was  to  create  its  own 
training  structures  capable  of  delivering  good-quality  training  courses.  This  was 
achieved using the EU funding, including  2.5 million Euros between 2010 – 2015 and 
EUR 5 million between 2018 – 2021. 

Between 2010 and 2014, FSLI was focused on implementing the project "Together for 
Quality  in  Education!  Human  resource  development  in  school  education  through 
educational partnership” in partnership with the Romanian National Agency for Quality 
Assurance in Education. In this project, the union created the National Training Centre 

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which manages today a network of 8 regional centres and 16 county centres, operating 
in 49 certified trainers. These have trained, by 2017, 5.198 teachers in the fields of: 

  quality assurance in the education system 

  health and safety in schools 

  school management, education management, and project management 

  social dialogue and leadership, communication, collective bargaining negotiations 

techniques 

  and another 500 teachers received training in 2017 – 2018 on the same topics 

In  this  context,  the  union  decided  to  pursue  the  establishment  of  a  specific  internal 
structure focussed on equality issues. This was also prompted by new staff joining the 
union’s core team who wanted the union to become more active in equality issues. The 
union needed an equality department due to the multiple issues concerning the women 
access  in  decisions  maker  position,  feminization  of  the  education  sector,  increasing 
violence etc, with the “official” motivation becoming after having won a project focused 
on equal opportunities in education sector, funded by ESF. 

6.14.3  Focus of the practice  

The aim was to establish an internal structure focussed specifically on the equality issues 
within the FSLI. This was expected to ensure a stronger visibility of equality issues within 
the  union’s  activities,  as  well  as  more  concretely  to  provide  training  on  the  equality 
issues,  and  ensure  a  stronger  awareness  raising  amongst  its  members.  The  target 
groups of the practice were the members of the trade union who were to benefit from 
more focussed work on equality issues.  

As resources to establish and implement equality focussed activities were scarce in the 
union, the Equality Department staff was very pro-active in applying for external funding 
(including from the ESF, Erasmus+, as well as Norway grants) to deliver equality related 
activities. This external funding enabled the delivery of a wider range of activities which 
were successfully implemented by the Department. Internally, the Department is staffed 
by two members, the key expert and the vice-president heading the department and 
other 6 persons, regional leaders. Both staff members work part-time on the Equality 
Department related issues, alongside other union-related activities. They are supported 
by other union’s regional leaders and members of the National Executive Board on the 
basis of specific needs and project related activities (see Figure 47). 

Figure 47. The structure of the Equality Department  

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6.14.4  Activities implemented  

The  establishment  and  development  of  the  Department’s  activities  was  a  gradual 
process taking place over several years (see Figure 48).  

The process started with the initial observation of the existing union internal structures, 
including  the  gender-balance  of  the  management  board,  the  existing  composition  of 
departments and committees and. Following that, the existing structure was evaluated 
to  review  the  level  of  attention  to  the  equality  issues  in  the  union.  To  demonstrate 
concrete  and  tangible  value  of  equality  related  work  for  the  union  members,  the 
promoters  of the  Equality Department implemented a series of concrete projects and 
activities for the members where equality issues were part of the overall training and 
continuous professional development agenda. This allowed to involve the most reluctant 
members and the management team who did not initially perceive the value of having 
a separate Equality Department. This ensured their support for the establishment of the 
Equality Department when a major internal reorganisation of the trade union took place 
in  2012.  Since  then,  the  Equality  Department  is  operational  and  is involving  regional 
leaders  to  deliver  a  range  of  activities  focussed  but  not  exclusively  on  the  equality 
issues. The focus of the Department work has always been to demonstrate the benefits 
and  positive  achievements  of  the  equality  related  work.  Looking  forward,  the 
Department is planning further activities, training, meetings and team building activities 
to promote further the equality agenda amongst its members.  

Figure 48. The process of establishing the Equality Department  

The key to the success of the Equality Department work has been pro-active approach 
to  applying  for  external  funding  to  implement  concrete  activities  focussed  on  the 
continuing  professional  development,  which  also  included  strong  equality  elements. 
Additional selling point internally has been the international character of the activities, 
allowing the learning and transfer of  experiences  from  unions and other stakeholders 
abroad. The key projects implemented by the Equality Department included:  

  Quality Assurance in Education - development of human resources in education 
in partnership with SNES-FSU France (trainings, study visit in France, Trainings 
Centres (TC) Network – 1 national TC, 8 regional TC and 16 at county level). The 
key project result was 3,000 teachers trained and certified.  

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  Developing the Social Dialogue – H&S for schools in partnership with LO Norway 

and SL Norway. The key project result was 900 teachers qualified in H&S.  

  Promoting equal opportunities within trade union organizations – in partnership 
with Spain and Italy, 850 teachers were trained in equal opportunities teaching 
methods,  as  well  as  two  handbooks  for  primary  school  were  developed,  one 
national curriculum approved, and 32 INFO-POINTS established in schools across 
all country.  

  10 mobilities programmes under Leonardo da Vinci/ Erasmus+ framework were 
implemented, with the result that 398 teachers were trained in Portugal, Spain, 
Italy. Amongst the ten mobilities programmes, four projects were specifically on 
equality issues, involving 80 teachers and TU leaders.  

  Currently, two on-going projects on ERASMUS+ framework are focus on inclusive 
schools, through training the teachers on working methods for children with SEN.  

  The Union implemented five other projects financed by ESF which include at least 
one large scale activity on the equality issues (for example, a seminar, workshop, 
information session).  

In  addition  to  the  formal  project-based  activities,  the  Equality  Department  staff  also 
delivered a range of other activities, including:  

  Training  on  equality  issues  through  the  union’s  own  National  Training  Centre 

(2436 teachers trained with the Union’s own funds) 

  Team building activities  for the members  of the  Department and for  other key 

FSLI staff (legal advisors, trainers) 

  Organisation  of  meetings  with  key  staff  in  order  to  collect  their  professional 

development needs and also to prepare them for bargaining 

  Running campaigns such as STOP VIOLENCE IN SCHOOLS! 

  Several law proposals submitted to the Parliament, e.g. on stopping violence in 

schools 

  Direct  negotiation  with  the  Ministry  of  Education  on  specific  equality  focussed 
methodologies (e.g. the procedure to assure the equal conditions for the pupils 
with visual disabilities, autistic spectrum disorders or SEN who will enrol for the 
bachelorate exam in 2019) and other relevant acts (such as the Code of Ethics 
for teaching profession) 

  Partnership  agreements  with  several  stakeholders,  such  as  the  parent’s 
association, the Institute for Education Sciences, and several universities. [e.g. 
–  Faculty  of  Communication  and  Public  Relations  who  support  us  in  elaborate 
researches, studies or needs analysis or in deliver trainings 

The future plans of the Equality Department for the period 2018-2021 include:  

  Developing and adopting the FSLI Strategy on the Equality for the Federation 

  Increasing the number and the reach of equality activities at the regional level 

  Improving the Department’s members knowledge and competences 

  Awareness raising among all stakeholders through a public campaign. 

In the immediate future, the focus will be placed on the following core action lines: 

  Introducing  measures  in  new  Education  Act  and  in  new  Collective  Labour 
Agreement [e.g. – 2 free days by year for medical investigation of the Teacher’s 
child or free day with the occasion of Opening the New School Year – a woman 

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teacher can not join to the own child at this Ceremony because should be present 
at school or measures to assure teachers protection in school against the violent 
actions] 

  Increasing the capacity of the union leaders to act as promotors of the equality 
concepts and to act in a more efficient way (through supporting women in the 
leading positions, better collective bargaining, dealing with violence in schools) 

  Increasing  the  capacity  of  teachers  to  deliver  the  equality  agenda  in  the 
classrooms – through deep awareness of the inclusion approach, SEN, and equal 
opportunities for all.  

6.14.5  Impact of the practice  

The  key  immediate  impact  of  the  practice  was  the  establishment  of  the  dedicated 
Equality Department in the union. This helped to ensure a stronger visibility of equality 
issues within the union’s activities, as well as more concretely to provide training on the 
equality issues, and ensure a stronger awareness raising amongst its members. A key 
direct impact on the ground amongst the trade union members was the training or other 
activities  provided  to  around  8,000  members  through  various  projects,  activities  and 
other actions of the Department.  

The work of the Department had also, amongst other factors, a positive gender impact 
on the internal FSLI management structures (see Figure 49). Over the years of operating 
the Equality Department, the proportion of women in the key decision-making positions 
in the union has significantly increased. This reflects more appropriately the diversity of 
the trade union membership and the education sector workforce it represents.   

Figure 49. The management structure in the FSLI  

6.14.6  Success factors  

The establishment and success of the Equality Department was based on the following 
factors: 

  The  pro-active  approach  and  strong  commitment  of  the  core  promoters  of  the 
idea  of  having  the  Equality  Department  in  the  union.  Without  this  extensive 
personnel  dedication  and  “push”  to  promote  the  idea  of  the  dedicated 
department,  organisational  change  in  the  union  would  have  been  difficult  to 
achieve, also in the context of scarce resources and other pressing priorities. The 
pro-active  approach  also  was  key  to  attracting  significant  amounts  of  external 

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funding which allowed to deliver  concrete activities demonstrating the tangible 
benefits of equality agenda to the union members and leadership (see below).  

  A gradual building up of support for the establishment of the Department through 
a range of activities where the equality agenda played an integral role, allowing 
to demonstrate the value of equality awareness within the union. This meant that 
equality agenda was highlighted to the union members and leaders as an integral 
part of the overall training and continuous professional development activities.  

  Using  concrete  and  tangible  training  and  continuing  professional  development 
activities  to  reach  and  convince  the  most  reluctant  staff  and  management 
members  in  the  union.  This  helped  to  ensure  that  their  initial  reluctance  and 
scepticism  towards  a  more  explicit  equality  agenda  was  overcome  through 
concrete activities.  

  Capitalising on the ongoing organisational reform process and using it meant a 
smoother way to establish a dedicated Equality department. This might be more 
difficult  to  achieve  in  the  absence  of  ongoing  process  to  reform  the  union 
structures.  In  the  same  vein,  it  has  been  relatively  easier  to  establish  a 
dedicated  Equality  department  when  the  union  was  already  in  the  process  of 
reforming itself.  

6.14.7  Hindering factors and areas for improvement  

The idea of establishing a dedicated Equalities Department was initially met within the 
union with scepticism, reluctance and lack of appreciation for the need to put an explicit 
emphasis on the equality agenda in the union activities. This is also to be seen in the 
context  of  scarce  financial  and  human  resources  to  undertake  additional  activities  by 
the union staff, as well as the focus on improving the wages and working conditions of 
the  education  sector  staff  (rather  than  the  equality  agenda).  As  such,  the  idea  was 
initially  met  as  a  luxury  the  union  cannot  afford,  and  it  took  a  significant  amount  of 
effort and concrete activities by the core promoters to change the initial perceptions and 
attitudes.  The  limited  human  resources  available  in  the  Equalities  Department  also 
remains an issue.  

Looking forward, the Equality Department still has a significant amount of work to do to 
raise the awareness of equality issues amongst the union members and the education 
sector  workforce.  A  study  conducted  in  2018290  showed  a  widespread  lack  of 
commitment to the equality agenda amongst the teachers. For example, over a third of 
teachers  reported  not  wanting  people  of  different  race,  immigrants  or  LGBT  as  their 
neighbours.  291  Furthermore,  13.1%  of  teachers  still  believe  that  the  Roma  children 
should learn in separate classrooms. 95% of teachers consider that Romania offer equal 
opportunities for all children but reduce this topic only to the integration of Roma/ other 
minorities children. In particular, LGBT issues are still a “taboo topic”, with the majority 
of teachers refusing to accept the existence of this category among them.  

6.14.8  Transferable elements of the practice  

The experience of establishing a dedicated equalities department / committee / or other 
structure is transferable to other unions which do not have such a structure yet. The 
lessons  learnt  from  the  gradual  process  of  establishment  and  securing  the  buy-in 
through a step-by-step approach in FSLI is also valuable to other unions. Also useful is 
the  rich  experience  of  delivering  concrete  and  tangible  training  and  continuing 
professional development activities which allowed to demonstrate the practical value of 

290 The study „Education for democracy in Romanian schools” (FES, 2018).  
291 Categories of people which the respondents would not want as neighbours: 
Immigrants – 32,4%; 

 LGBT - 38,3%.  

 Different race – 30,5%; 

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equality agenda to the everyday work of the education sector staff.  This experience is 
transferable to the context of other unions because it exemplifies the typical constraints 
faced  by  the  unions  in  relation  to  scarce  human  and  financial  resources  and  other 
pressing priorities.  

The conditions which should be in place to make the practice transferable would be as 
follows: 

  Ensuring there are core union staff dedicated and committed to the idea of having 
the Equality Department in the union. The presence of such active promoters is 
critical for the change to happen.  

  The  value  of  equality  agenda  needs  to  be  demonstrated  through  concrete 
activities  demonstrating  the  tangible  benefits  of  equality  agenda  to  the  union 
members  and  leadership.  If  the  union  does  not  have  internal  funding  for  such 
activities, using the available external funding opportunities is advisable.  

  Anticipating that there will be an initial resistance and lack of buy-in into the idea 
of  Equality  dedicated  structure  and  developing  strategies  and  activities  to 
overcome this through concrete and tangible actions.   

  Using  the  windows  of  opportunity  when  the  union’s  organisational  structures 
change  to  embed  the  idea  of  having  the  Equality  Department  in  the  new 
structures of the union.  

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6.15  Slovenia – Immigrant Children in Education (SVIZ)  

6.15.1  Summary of the case study 

  Country: Slovenia  

  Name of the trade union: SVIZ 

  Link 

to 

the  website 

of 

the 

case 

study 

(practice/s): 

https://www.sviz.si/vkljucevanje-otrok-priseljencev-v-vzgojo-in-izobrazevanje/ 

  Title of the case study: A range of events organised to enable the teacher trade 
union  members  to  address  the  needs  of  immigrant  children  in  the  education 
system  

  Date when the practice/s was first implemented: Since 2016 

  Whether practice/s still on-going: On-going  

  Whether the practice was included in the 2010 study: The practice was not 

included in the 2010 study  

  Sector of the trade union/practice/s: Education sector  

  Ground of discrimination addressed: Migration background 

  Short description and focus of the case study: The case study is about the 
series of events organised by the SVIZ trade union to support their members in 
providing  good  quality  education  and  educational  support  to  the  children  of 
migrants  

  Short  description  of  activities:  The  activities  were  focussed  on  providing 
support and sharing good practices between the teachers on how to best address 
the needs and teach the immigrant children   

  Short description of results and impact: The key results related to the raising 
of awareness and visibility of how to best teach the immigrant children, sharing 
of  best  practices  between  the  participating  teachers  and  schools  and  providing 
structured support to educators  

6.15.2  Introduction  

The  trade  union  of  education,  science  and  culture  of  Slovenia  (SVIZ)  is  the  largest 
autonomous, democratic and non-partisan interest organisation in the public sector in 
Slovenia,  representing  the  interests  of  employees  in  education,  science  and  culture 
sectors. SVIZ was established in 1990. The union has around 40,000 members.  

In the 2015-2016 migration wave to Europe, Slovenia found itself in the situation where 
many migrants were coming to the country. This included also families with school-age 
children who as the migration situation evolved, became clear were going to stay in the 
country  and  would  need  to  be  integrated  into  the  Slovenian  education  system.  This 
prompted the SVIZ union to become active in this area and provide support to the union 
members and other educators in how to best address the needs of immigrant children 
in the education system.  

Slovenia has had previous experience of integrating immigrant children in the education 
system due to the migrants coming to the country in the 1990s due to the war in the 
former  Yugoslavia.  However,  the  situation  was  different  as  the  migrants  spoke  very 
similar languages and hence were much easier to integrate into the education system 
compared to the migrants since 2015 who spoke no Slovenian.  

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6.15.3  Focus of the practice  

The union implemented three events during 2016-2018 period aimed at their members 
and other educators focussed on providing support and sharing good practices between 
the teachers on how to best address the needs and teach the immigrant children.  This 
helped in terms of raising of awareness and visibility of how to best teach the immigrant 
children, sharing of best practices between the participating teachers and schools and 
providing structured support to educators.  

6.15.4  Activities implemented  

The union organised a series of events as follows.  

The  first  event  was  organised  on  30  March  2016  and  was  entitled  “Integration  of 
Children of Immigrants in the Slovenian Education System”.292 It was very well attended 
by  around  100  teachers  and  was  also  quite  prominent  in  the  media.  The  Secretary-
General  of  SVIZ  Branimir  Štrukelj  highlighted  the  union's  co-responsibility  to  help 
reduce  the  prejudices  against  refugees  and  migrants,  which  have  recently  been 
witnessed  in  Slovenia.  Dr.  Mitja  Sardoč,  from  the  Pedagogical  Institute  of  Ljubljana, 
spoke about the necessity and actuality of integration and acceptance of diversity in the 
process of public education. Two representatives of the Ministry of Education, Science 
and  Sport,  Dr  Andreja  Barle  Lakota  and  Dr  Stanka  Lunder  Verlič,  presented  the 
Ministry’s preparatory measures in this area. The Ministry representatives showed the 
preparatory  action  in  this  area  and 
presented  a  website  aimed  at  this 
topic. 

The round table panel also included 
Jelka  Kusterle, 
the  Assistant 
Principal  of  the  Prežihov  Voranc 
Primary School in Jesenice, and Zala 
Bojović,  a  German  teacher  at  the 
Möwensee-Grundschule 
Primary 
School  in  Berlin,  who  presented 
examples  of  good  practice  and 
discussed the problems that schools 
face  when  integrating  children  of 
immigrants.  

The second event was organised on 
6  June  2016  and  was  a  roundtable 
on  inclusion/integration  of  migrant 
children 
into  kindergartens  and 
schools  in  Slovenia  with  migrant 
guests  talking  on  their  experience 
with  living  in  foreign  country  and 
especially with their experience with 
school.293  It  had  the  aim  of  raising 
awareness  of 
the  multicultural 
reality,  contributing  to  cooperation, 
eliminating  a  priori  fears  regarding 
immigrants,  presenting  effective 
and 
educational 

practices, 

292  https://www.sviz.si/vkljucevanje-otrok-priseljencev-v-vzgojo-in-izobrazevanje/  (includes  a  video  of  the 
event) 
293 https://www.sviz.si/zivljenjske-zgodbe-pri-pouku/ (includes a video of the event)  

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supporting kindergarten and school employees in integrating children of immigrants in 
the Slovenian education system. It was entitled “Life Stories of Children of Immigrants 
and  Refugees  in  Kindergartens  and  Schools”.  At  this  event,  the  union  hosted  Dr 
Marijanca Ajša Vižintin of the Slovenian Migration Institute at the Research Centre  of 
the Slovenian Academy of Sciences and Arts (ZRC SAZU), as well as Arbnore Avdylaj, 
Vael  Hanunoa  and  Simona  Lečnik  Očko,  who  talked  about  their  own  experiences  of 
immigration. The event was attended by around 40-50 teachers and educators 

The  third  event  took  place  on  29  May  2018  and  was  a  discussion  of  the  book  on 
inclusion/integration of migrant children into kindergartens and schools in Slovenia with 
its author Dr. Marijanca Ajša Vižintin (29th May 2018). The event was titled “We in other 
countries, others in our country” was attended by around 30 teachers.294 The debate, 
grounded in the experience in pedagogical practice, has also significantly enriched other 
participants.  In  the  debate  with  the  participants,  Dr  Vižintin  commented,  inter  alia, 
introduced  the  initiative  of  the  Velenje  mayor  for  the  extraordinary  meeting  of  the 
National  Council,  in  the  light  of  a  number  of  new  challenges  and  issues.  This  was 
especially important in the absence of an integrated and inter-ministerial coordinated 
approach and country-wide systemic solutions to help teachers and local communities 
to deal with the rapidly increasing the number of immigrants and the intensive growth 
of the share of foreigners with permanent or temporary residence in Slovenia.  

6.15.5  Impact of the practice 

amongst 

The key result from the events 
was  generating  a  significant 
in-depth 
of 
amount 
discussions 
the 
stakeholders  in  the  education 
system on how best to support 
teachers  in  addressing  the 
needs of immigrant children in 
the  education  system.  The 
education  ministry,  which 
initially  was  not  so  active  in 
this  area,  was  activated  and 
became  much  more  aware  of 
the  needs  and  good  practices 
existing 
in  this  area.  The 
ministry is now close to adopting a formal strategy in this area which would set out a 
systematic approach to the integration of immigrant children.  

The events helped to raise awareness and acceptance that the immigrant children will 
stay in Slovenia and that teachers need support in how to educate them. The events 

294 https://www.sviz.si/mi-drugje-drugi-pri-nas/ (includes a video of the event). 

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also showcased a lot of good practices already existing across the country’s schools on 
how  the  children  have  been  warmly  welcomed  and  integrated.  This  allowed  the 
participants to talk about their own experiences and share the good practices.  

6.15.6  Success factors 

The key success factors have been identified as follows: 

  Support  from  the  union  senior  leadership.  The  union leadership  has  been  very 
supportive for the work of the union’s Equality Committee to deliver the various 
activities. This has been critical in ensuring the approaches to teaching migrant 
children are shared across the union’s work and amongst the union members and 
other  educators.  The  activities  were  delivered  as  part  of  the  union’s  Equality 
Committee  work  and  the  Committee  has  been  operational  for  around  6  years, 
working on a range of equality issues. 

  Supportive political and legislative context. Initially, the education ministry was 
not  immediately  acknowledging  the  seriousness  of  the  issue  and  that  teachers 
need  support.  However,  the  events  and  engagement  throughout  the  events 
helped to change this.  The education ministry, which initially was not so active 
in this area, was activated and became much more aware of the needs and good 
practices  existing  in  this  area.  The  ministry  is  now  close  to  adopting  a  formal 
strategy in this area which would set out a systematic approach to the integration 
of immigrant children. 

6.15.7  Hindering factors and areas for improvement 

The major hindering factors have been identified as follows: 

  Some media reporting at least initially was sceptical of the need to organise such 
activities  by  the  union.  This  was  changed  through  the  union’s  continuous 
attention to the topic and highlighting many positive experiences in the education 
system, not just problems and issues with the integration of immigrant children. 

  Within  the  union,  there  were  also  some  voices  raised  insofar  as  calling  for  the 
union to focus on other key challenges, such as pay and working conditions of 
the teachers. This is rather typical when implementing the Equality Committee 
work. However, the Equality Committee persisted in keeping the attention on the 
topic  as  this  was  considered  to  be  an  important  issue  to  be  addressed  by  the 
union. In this respect, having a formal structure dedicated to the equalities issues 
was helpful to ensure the union’s attention also to equality issues.   

6.15.8  Transferable elements of the practice  

A number of practice elements can be transferred successfully, namely: 

  The organisation of a series of events dealing with the topic helped to maintain 
attention  and  momentum  in  terms  of  keeping  the  issue  on  the  agenda  of  the 
union and the educators.  

  The  events  organised  were  quite  different  in  their  nature  and  this  mix  was 
successful in ensuring the attention is maintained. Important was also bringing 
different  perspectives  into  the  events,  including  from  teachers  themselves, 
education experts, education ministry and migrants themselves who could share 
their own experiences in the education system.   

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6.16  Spain – Working Group on gender and sexual diversity (CCOO) 

6.16.1 Summary of the case study  

  Country: Spain 

  Name of the trade union: Comisiones Obreras (CCOO) 

  Title of the case study: Working Group on gender and sexual diversity 

  Link to the website of the case study (practice/s): No link available. 

  Date when the practice/s was first implemented: June 2017 

  Whether practice/s still on-going: Ongoing 

  Whether  the  practice  was  included  in  the  2010  study:  Not  included  in  the 

2010 study.  

  Sector of the trade union/practice/s: Multi-sectoral 

  Ground of discrimination addressed: Discrimination on the grounds of sexual 

orientation and gender expression and identity. 

  Short description  and focus of the case  study:  The  case  study  analyses  the 
creation of a permanent Working Group (WG) in the trade union CCOO. This WG is 
composed of representatives of the different territorial and sectoral organisations 
associated to the union, as well as of organizations from the civil society working 
in  the  field  of  LGBTI.  This  WG  has  the  objective  of  raising  awareness  about  and 
train  on  sexual  orientation  and  gender  diversity  at  the  workplace.  It  is  mainly 
focused  on  trade  unionists  and  in  particular:  a)  those  negotiating  collective 
agreements; and b) the Equality Specialists, a role inside the companies and their 
work  councils  that  the  trade  union  is  promoting.  These  specialists  would  be  the 
representatives of the workers in each enterprise in matters of discrimination on 
the grounds of gender, sexual orientation and gender expression or identity. The 
WG  has  developed  various  communication  and  training  activities  as  well  as 
information  materials  including  a  specific  guide  in  2018  against  LGBTI-phobia, 
‘Sexual and Gender Identity: A Trade Union Matter’. This guide is an update of a 
previous leaflet, published in 2013, to train trade unions on how to incorporate the 
topic  of  diversity  into  collective  bargaining.  The  WG  includes,  among  other 
participants, the Secretaries of Equality of the territorial and sectoral organizations 
of the union, who are the political leaders of this issue in each territory and each 
sector.  These  Secretaries  design  the  equality  agenda  in  coordination  with  the 
responsible department in CCOO at the national level. 

  Short  description  of  activities:  The  WG  focuses  its  work  on  information, 
dissemination  and  education  activities,  and  develops  training  and  awareness-
raising materials, as well as specific courses, conferences and other dissemination 
events on the subject of supporting gender and sexual diversity. 

  Short description of results and impact: Although the practice (CCOO’s WG on 
gender and sexual diversity) has not yet included performance or result indicators, 
existing evidence confirms that the work of the group has increased awareness and 
knowledge on issues relating to sexual and gender identity diversity among trade 
unionists,  workers  and  employers.  It  has  also  promoted  the  inclusion  of  clauses 
relating  to  sexual  and  gender  identity  diversity  in  various  collective  and  labour 
agreements. 

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6.16.2  Introduction  

Confederación  Sindical  de  Comisiones  Obreras  (Workers'  Commissions,  CCOOis  the 
largest trade union in Spain, with more than 920,000 members and almost 95,000 union 
representatives.295  It  is  organized  territorially  in  regional  unions,  and  also  in  sectoral 
organisations (at sectoral level). Both the regional and sectoral organisations compose 
CCOO which is characterised by a confederal and a highly decentralised structure. 

Within this context, part of these sectoral and territorial organizations had been working, 
some  of  them  for  more  than  a  decade,296  in  the  fight  against  discrimination  on  the 
grounds of sexual orientation and gender identity and expression. This work had been 
carried  out  independently  and  without  coordination,  with  the  territorial  and  sectoral 
organizations developing activities and materials in  their specific regions and sectors, 
and with very little impact in the rest of the organization members of CCOO and among 
society at large. 

In  view  of  the  increasing  number  of  requests  for  information  and  support  related  to 
discrimination relating to sexual orientation and gender identity, which the sectoral and 
territorial organizations were receiving, the consequent intensification of their activities 
in this regard, and the greater awareness on this issue in the workplace, there was an 
identified need for a better coordination and a transversal approach. Its objective was 
to prevent the different actions from having  limited impact either  at  national level or 
from becoming too focused on specific sectors or territories. 

As  a  result  of  this  need  expressed  by  its  sectoral  and  territorial  organizations,  in  a 
bottom-up approach, the Confederation focused on the issue and introduced the fight 
against  discrimination  on  the  grounds  of  sexual  orientation  and  gender  identity  and 
expression in 2017, at  the 11th Confederal Congress of CCOO. Thus, CCOO approved 
the change in the name and functions of the Secretariat for Women, which became the 
Secretariat for Women and Equality, and has since included not only work in the field of 
equal rights between women and men, but also activities addressing all the situations 
of inequality and discrimination on grounds of sexual orientation and gender identity or 
expression.  

Within  this  context,  the  Confederation  then  created,  also  in  2017,  a  Working  Group 
(WG)  with the objective  of raising awareness  about sexual and gender diversity. The 
WG is made up of the persons responsible of this issue in each organisation comprising 
the union at a territorial and sectoral level (i.e. the Secretaries of Equality, Secretarías 
de Igualdad), as well as of representatives of civil society organisations, mainly LGBTI 
NGOs and associations. 

The WG is focused on informing, sensitizing and training mainly (but not only) workers 
of the trade union itself; in particular, two main groups:  

  Those  who  are  involved  in  the  processes  of  negotiating  sectoral  or  territorial 

collective agreements; and 

  Equality specialists (Agentes de Igualdad), a role inside the companies and works 
councils that CCOO is trying to introduce and who would be the representative of 
the  workers  in  each  enterprise  in  matters  of  discrimination  on  the  grounds  of 
gender,  sexual  orientation  and  gender  expression  and  identity.  At  present, 
existing  equality  specialists  deal  only  with  gender  equality  issues,  but  it  is 
intended that they assume also this new role. 

Since  its  creation,  the  group  has  developed  different  communication  and  training 
activities as well as information and training materials, including in 2018 a specific guide 

295 Agencia EFE National news agency (2018). https://bit.ly/2BTKfS7   
296 The most active organizations in this field within CCOO has been the Federation of Services to Citizenship, 
the Federation of Education, as well as the Territorial Federations of the Valencian Autonomous Community 
and Catalonia. 

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against LGBTI-phobia, ‘Sexual and Gender Identity: A Trade Union Matter’. This is an 
update of a previous leaflet - published in 2013 – aimed at training trade unions on how 
to incorporate the topic of diversity into collective bargaining. It generally thought that 
these  have  been  achieving  their  objectives  as  they  have  increased  the  level  of 
awareness  and  knowledge  among  the  union's  workers  regarding  l  employment 
discrimination on these grounds.   

6.16.3  Focus of the practice  

The main objective of the practice under study is ‘to incorporate elements and strategies 
to combat discrimination in the workplace on the basis of sexual orientation and gender 
identity or expression’.  

To this end, the WG develops awareness-raising activities and training materials mainly 
focused on union workers, who need to be trained in these areas in order to be able to 
work  within  the  scope  of  their  role  as  workers'  representatives,  and  to  transfer  this 
knowledge to collective agreements, workplaces and other employees. 

To this end, the practice analysed has two main target groups: 

  First, the members of CCOO trade union, especially those involved in collective 
bargaining and those in the works councils (future equality specialists), as they 
both  have  the  capacity  to  implement  measures  in  collective  agreements  and 
workplaces respectively. 

  Second,  the  public  outside  the  trade  union,  mainly  workers  who  may  suffer 
discrimination because of sexual orientation, expression and/or gender identity 
in the workplace, and employers who must incorporate in their policies elements 
related to sexual and affective diversity and, as a result, prevent discrimination.  

To this end, the practice has as its main resource the staff of the union at the national 
level  and  that  of  the  territorial  and  sectoral  federations  taking  part  in  the  WG  (the 
Secretaries  of  Equality).  Likewise,  it  has  access  to  economic  resources  from  these 
national, territorial and sectoral organizations for the development of  the information 
and training materials and for the organization of events. 

6.16.4  Activities implemented 

As discussed in previous sections, CCOO created its internal WG with the objective of 
raising awareness about sexual and gender diversity in 2017. It included the Secretaries 
of Equality of the different organisations of the union at a territorial and sectoral level, 
as well as representatives of NGOs and associations working in the field of LGBTI.  

The  group  focuses  its  work  on  information,  dissemination  and  education/training 
activities  on  the  fight  against  discrimination  based  on  sexual  orientation  and  gender 
expression or identity in the workplace. To this end, it develops training and awareness-
raising materials, holds specific courses on the subject and organises conferences and 
dissemination events. On the other hand, the trade unionists trained in this matter by 
CCOO include these issues in their respective remit and areas of work and also provide 
support to workers who request such help and advice. 

6.16.5  Training and awareness-raising materials 

The working group prepared in 2018 the guide against LGBT-phobia ‘Sexual and Gender 
Identity: A Trade Union Matter’ (Diversidad Sexual y de Género: Una Cuestión Sindical). 
This is an update of the leaflet that was published in 2013 to train trade unions on how 
to incorporate the topic of diversity into collective bargaining. 

An  important  initiative  of  CCOO  is  the  Protocol  against  sexual  and  gender-based 
harassment and against harassment based on sexual orientation, gender identity and/or 

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gender  expression  (CCOO,  2016).  It  gives  detailed  information  about  implementing 
equality  in  local  CBAs  and  company  equality  plans.  The  guidance  includes  a  specific 
protocol  for  action  against  sexual  violence  and  harassment  on  the  grounds  of  sexual 
orientation, gender identity and/or gender expression. The main objective is to achieve 
an inclusive work environment that allows LGTBI people can “come out of the closet” 
without fear of discrimination and / or harassment. A range of measures are proposed 
to prevent harassment on the grounds of sexual orientation, gender identity or gender 
expression, including the negotiation of dedicated procedures and protocols, identifying 
LGBTI phobia as a psychosocial risk, raising awareness and providing support to LGBTI 
workers. 

In addition, CCOO and its sectoral and territorial member organizations have elaborated 
several training and awareness-raising materials, among which the following are worth 
highlighting: 

 

 

 

'LGTBI.  Rights.  Equality.  Regulation  and  Laws’  (LGTBI.  Derechos.  Igualdad. 
Normativa y Legislación), prepared by the Confederal Secretariat of Women and 
Equality  of  CCOO  in  April  2018.  It  contains  a  summary  of  the  main  legal 
references  to  the  fight  against  labour  discrimination  on  the  grounds  of  sexual 
orientation  and  gender  expression  and/or  identity  in  eleven  of  the  nineteen 
Autonomous Communities and Cities of Spain. 

‘Vocabulary  for  a  Diverse  World’  (Vocabulario  para  un  Mundo  Diverso).  Also 
prepared by the Confederal Secretariat for Women and Equality of CCOO in April 
2018, it is a glossary of terms and definitions normally used in the field of sexual, 
affective and gender diversity. 

‘Trans People in the Workplace. Guide for the Transition Process’. With versions 
in Spanish and English, this guide was published in 2016 and  was prepared by 
the  sectoral  Federation  of  Services  to  Citizens  of  CCOO  and  the  National 
Federation of Lesbians, Gays, Transsexuals and Bisexuals (FELGTB). It aims to 
raise  awareness  among  trans  employees  of  their  rights,  and  to  describe  the 
mechanisms tfor ensuring that these rights are upheld. It also aims to facilitate 
relations between the company and trans employees,  and to be used by union 
workers and in collective bargaining processes. 

Figure 50. Examples of materials produced in the case study 

In order (from left to right), covers of the publications ‘Sexual and Gender Identity: A 
Trade Union Matter’; 'LGTBI. Rights. Equality. Regulation and Laws’; ‘Vocabulary for a 
Diverse World’; and ‘Trans People in the Workplace. Guide for the Transition Process’ 

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6.16.5.1  Events 

CCOO  organizes  workshops  and  seminars  on  information,  awareness-raising  and 
training in the fight against discrimination on sexual orientation and gender expression 
or identity in the workplace, both at the confederal level within its working group, and 
by its different territorial and sectoral member organizations. In addition, CCOO and its 
members take part in conferences organized by other organizations in the field. Some 
examples are the following: 

  The  Secretariat  for  Women  and  Equality  Policies  of  the  Regional  Federation  of 
CCOO in Castilla y León organized, in December 2018, the seminar ‘Preventing 
Labour  Discrimination  against  LGTBI  Persons’.  Its  objective  was  to  raise 
awareness of the rights of the LGBTI collective, to publicize the current legislation 
and advise on what should the union intervention in collective bargaining should 
be so as to eradicate any type of discrimination in companies. 

  At  sectoral  level,  the  Federation  of  Services  to  Citizens  of  CCOO  organized  in 
January 2018 the ‘1st Annual Meeting on Sexual and Gender Diversity in Trade 
Union Action’, with the attendance of most of the territorial and sectoral member 
organizations of CCOO. On the other hand, the sectoral Federation of Education 
of CCOO took part in the 2nd University Conference ‘Educate in the Sexual and 
Affective Diversity’, organised by the University Carlos III in 2011. 

  Likewise,  the  Federation  of  Services  to  Citizens  of  CCOO  took  part  in  the  30th 
National Annual LGBTI Meeting, organized by the Navarrese LGTBI+ association 
and held in November 2018, where it organised a workshop on how to combat 
LGBTI-phobia in the workplace. 

Figure 51. Events in the case study 

In  the  pictures  above:  Seminar  ‘Preventing  Labour  Discrimination  against  LGTBI 
Persons’ (above) and 30th National Annual LGBTI Meeting (below). On the right, agenda 
of the 1st Annual Meeting on Sexual and Gender Diversity in Trade Union Action  (left) 
and  brochure  of  the  2nd  University  Conference  ‘Educate  in  the  Sexual  and  Affective 
Diversity’ 

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6.16.5.2  Web content 

In addition to the above-described activities, the CCOO working group and its members 
actively  communicate  and  disseminate  information  on  the  fight  against  LGBTI 
discrimination  in  the  workplace  through  its  website.  Examples  of  these  web  contents 
are: 

  The manifesto published by the Confederal Secretariat for Women and Equality 
of  CCOO,  where  the  trade  union  emphasizes  that  the  defence  of  freedom  and 
equality  from  a  sexual  and  gender  perspective  is  not  only  a  constitutional  and 
democratic principle in Spain, but also a priority  on the union's agenda (March 
2019). 

  Awareness-raising  content  published  by  the  Confederal  Secretariat  for  Women 
and  Equality  of  CCOO  around  March  15,  the  Trans-Visibility  Day,  providing 
information  about  the  high  percentage  of  trans  people  who  have  suffered 
employment discrimination (March 2019). 

  Information  content  about  the  Meeting  of  the  Sexual  and  Gender  Diversity 
Working Group of the sectoral Federation of Services to Citizens of CCOO, that 
took place in January 2019 (January 2019). 

  The manifesto ‘With L for Lesbian and V for Visibility’, published by the sectoral 
Federation of Education of CCOO, calling for an end to lesbophobia in education 
and urging education authorities and institutions to implement action protocols 
to promote diversity in schools (April 2018). 

Figure 52. Examples of materials in the case study 

In order (from left to right), web contents of the Manifesto published by the Confederal 
Secretariat for Women and Equality of CCOO; Trans Visibility Day; Meeting of the Sexual 
and Gender Diversity Working Group of the sectoral Federation of Services to Citizens 
of CCOO; and Manifesto ‘With L for Lesbian and V for Visibility’ 

6.16.5.3  Other activities 

Finally, CCOO has also developed other actions in order to fight against discrimination 
regarding sexual orientation and gender diversity in the workplace, including informative 
videos or radio spots, and it takes part in different demonstrations and events related 
to LGBTI, such as specific demonstrations in response to particular problems (i.e. The 
union has recently supported the mobilization called by the LGBTI collectives of Madrid 
against  the  false  therapies  of  reconversion),  or  general  pride  parades  and  events,  in 
order to create awareness on the society about the importance of acing discrimination 
on these ground in workplaces.  

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Figure 53. Examples of materials in the case study 

Different  pictures  of  promotional  content  related  to  the  participation  of  CCOO  in  the 
International LGBT Pride Day. 

6.16.6  Partnership 

As  previously  explained,  the  establishment  of  the  WG  with  the  objective  of  raising 
awareness about sexual and gender diversity took place in 2018; the WG includes the 
Secretaries  of  Equality  of  the  different  organisations  of  the  union  at  a  territorial  and 
sectoral level. It undertakes various activities such as training and information events, 
and  develops  different  materials  on  this  issue,  including  the  documents  mentioned 
above. 

The  creation  of  the  WG,  and  the  consequent  development  of  the  above-mentioned 
activities and materials involves a partnership comprising the trade union itself, CCOO, 
but also  all the sectoral and territorial organizations that form the trade union, which 
had  previously  been  working  independently  on  this  matter  (and  continue  developing 
activities  in these issues in relation to their sectoral and territorial contexts). 

In  addition,  each  of  these  organizations  has  developed  their  own  partnerships,  since 
they  work  in  collaboration  with  different  organizations  at  the  territorial  level  of  the 
Autonomous  Regions,  including  associations,  NGOs  and  others  in  the  field  of  sexual 
diversity.  This  same  approach  has  been  followed  when  scaling  up  the  practice  to  the 
confederal level, so that both the WG and its elaboration of the guide and leaflet have 
had  the  support  of  different  organizations,  including  the  regional  LGBT  organizations 
and the National Federation of Lesbians, Gays, Transsexuals and Bisexuals (FELGTB). 
Indeed, a collaboration agreement was already signed in 2007 with FELGTB, as well as 
with other organizations at a national, regional and local level, as the objective of CCOO 
is to enlarge the network of partners in order to maximise impact. 

Consequently, the WG is composed  of representatives of CCOO at a  confederal level, 
the  Secretary  of  Equality  in  each  sectoral  and  territorial  federation  of  the  union,  and 
representatives related to the matter to be discussed in the group selected by each of 
the territorial and sectoral organizations, mainly from associations, NGOs and others in 
the field of sexual diversity. 

It  is  important  to  highlight  that  collaboration  with  Public  Administrations  has  been 
infrequent:  although  there  is  cooperation  mainly  with  Municipalities  at  the  level  of 
territorial  and  sectoral  organisations,  collaboration  with  regional  governments  or  the 
Central Government has been scarce. 

6.16.7  Impact of the practice 

The interviewees have highlighted that the WG is achieving its objectives: 

 

from  an  internal  point  of  view,  because,  as  interviewees  highlighted,  ‘it  is 
increasing the level of knowledge of the union's workers regarding the issues of 

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fighting against employment discrimination on the grounds of sexual orientation, 
expression and/or gender identity’; 

 

from an external perspective, as the contents and the knowledge gained by the 
trade unionists  are, in turn, being transferred to collective bargaining, sectoral 
agreements and workplaces, thus also multiplying impact externally. 

To date, more than 200 trade unionists have received training in the issues of gender 
diversity and sexual orientation, provided by the Secretariat for Women of CCOO. This 
number also includes the actual gender equality specialists that would expand their role 
in the future to address gender diversity and sexual orientation. This number will soon 
increase  as  a  new  basic  training  module  is  at  present  being  designed,  which  will  be 
included in all the courses that will be offered from the other Secretariats of the union.  

Moreover, the work of the union in this field has achieved the inclusion of clauses relating 
to sexual and gender diversity in seven collective agreements or agreements which have 
effects on employment issues (mainly political agreements affecting public servants).297 

In addition, the practice analysed is achieving different types of impact at the level of 
employees of companies, companies themselves and society in general: 

  An increase of the number of jobs that are free of LGBT-phobia and discrimination 
on the grounds of sexual orientation, expression and/or gender identity, which, 
as  it  has  been  highlighted  by  the  interviewees,  ‘has  led  to  greater  levels  of 
personal  freedom  for  employees,  who  previously  felt  self-conscious  when 
expressing their sexual orientation or gender identity. These,  can now express 
themselves  more  freely  by  feeling  more  protected  and  less  at  risk  of  feeling 
rejection or coming under suspicion’; 

  An increase in awareness among employers with regard to the labour rights of 

LGBT employees; 

  An increase in society’s general awareness in terms of diversity and the possibility 
for  people  with  diverse  sexual  orientation  and  gender  identity  to  enter  and 
progress in any particular employment field without facing discrimination. 

Finally, as an indirect effect, the persons interviewed have highlighted that ‘an increase 
in the affiliation to the trade union of LTBIQ people has taken place’.  

6.16.8  Success factors  

One of the main factors for the success of the creation of the WG is that, according to 
the interviewees, ‘it has involved the coordination and systematization of the work that 
was being done in a fragmented manner by different persons in different organizations 
for many years’. Thus, the previously dispersed knowledge is now better used, shared 
and amplified through the stronger information diffusion power of the Confederation at 
the  national  and  multi-sectoral  level,  taking  advantage  of  synergies  and  avoiding 
duplication of effort. 

In  this  sense,  as  emphasized  by  the  interviewees,  it  is  important  to  highlight  ‘the 
commitment and conviction of the organization at the confederal level’, as expressed by 
one  interviewee.  Indeed,  since  2017  more  weight  has  been  given  to  the  issues  of 

297 FSC-CCOO has promoted the inclusion of clauses relating to sexual and gender diversity in the 1st Collective 
Bargaining Agreement for the Action and Social Intervention Sector 2015-2017 (2015); 4th Agreement for the 
Regulation  of  Labour  Relations  in  the  Port  Stowage  Sector  2014-2017  (2014);  National  Collective  Labour 
Agreement for the Travel Agency sector 2016-2018 (2016); 5th National General Collective Agreement for the 
Surface  Regulated  Parking  and  the  Removal  and  Storage  of  Vehicles  from  Public  Roads  Sector  2013-2017 
(2017);  Collective  Agreement  of  Metro  de  Madrid  2016-2019  (2016);  Collective  Plurality  Agreement  of 
Companies linked to Organizational Reasons: ADECCO Outsourcing S.A.U. and ATLAS Servicios Empresariales 
S.A.U. (2017); and Legislature Agreement of the General Table for Negotiation of the Civil Servants, Statutory 
and Labour Staff of the Regional Government of Valencia of 9 June 2016 (2016). 

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discrimination on the grounds of sexual orientation and gender identity and expression, 
including them in the remit of a Secretariat and incorporating them into the agenda of 
the  union.  According  to  the  stakeholders  interviewed,  these  issues  ‘are  nowadays 
addressed not only in the Secretariat, but in any body or forum within the union, from 
those dealing with collective bargaining to Management Committees’. Likewise, some of 
the organizations that form CCOO have institutionalized these issues by including them 
in their Statutes, as it is the case of the sectoral Federation of Teaching. 

The existence of the WG in itself is, according to the participants interviewed, ‘a success 
factor as it guarantees the continuity and the presence of all the territorial and sectoral 
organizations,  by  means  of  a  representative’.  This  representative  usually  continues 
his/her participation in the WG even if he/she is assigned to other responsibilities, which 
guarantees the continuity, knowledge and experience of the WG.  

According to the interviewees, ‘it has also been essential that part of the people who 
compose the WG is LGBTIQ’, who are specifically involved in the activities that concern 
them most so that, in addition to the union perspective, the point of view of this specific 
group regarding sexual orientation and gender identity related issues at the workplace 
is also taken into account. For example, the above-mentioned guide Trans People in the 
Workplace. Guide for the Transition Process has been prepared, among others, by trans 
people of CCOO.  

Moreover, as highlighted by the interviewees from CCOO, ‘the personal involvement of 
the members of the WG, who have a deep knowledge and long experience in this field 
of action, has been of capital importance’. 

According  to  the  participants  interviewed,  an  additional  factor  for  the  success  of  the 
initiative has been ‘the close collaboration with the different entities at regional and local 
level’,  as  a  result  of  several  years  of  work  of  the  territorial  organizations  comprising 
CCOO  with  local  associations,  NGOs  and  municipalities.  This,  in  turn,  allows  for  the 
practices  to  reach  a  very  high  degree  of  dissemination  within  the  trade  union.  This 
dissemination  capacity  is  closely  related  to  the  very  federal  structure  of  the  union, 
composed of territorial and sectoral organizations, and by the bottom-up configuration 
of the WG: CCOO at the confederal level not only coordinates the activities developed 
by its member organizations, but also it provides an important channel for dissemination 
to publicize its practices at a national and multi-sectoral level. 

That  said,  the  existence  in  Spain  of  a  regulation  for  same-sex  marriage298  has  also 
allowed for more rapid progress, as it has promoted and safeguarded some rights that 
do not need to be negotiated because they are already recognized by law. Such rights 
include as the marriage leave for people who marry people of the same sex under the 
same conditions as those in heterosexual marriages. 

Finally, the fact that training and information are mainly provided to internal members 
of the union, who will then transfer this knowledge to the negotiating tables, collective 
agreements,  workplaces  and  specific  employees,  ‘allows  for  a  multiplier  effect  of  the 
initiatives developed’, as it has been remarked by the interviewees. 

6.16.9  Hindering factors and areas for improvement  

As highlighted by the interviewees, one of the factors that may limit the impact of the 
WG activity is the ‘insufficient access of the union to political levers of power in matters 
of discrimination on the basis of sexual orientation, expression and/or gender identity 
in the workplace, both at government level and in relation to parliamentary groups or 
political parties’. Thus, in terms of the law-making process in this area, as it has been 
remarked by the interviewees, ‘the union is often informed of them, but not included in 
the various working groups that design the proposals or contribute to the diagnosis of 

298 Law 13/2005 of 1 July 2005 amending the Civil Code on the Right to Marry. https://bit.ly/2hdPTIX  

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the situation for which intervention, including legislation, may be required’. This, in turn, 
means  that  the  legislative  outcomes  and  related  rules  and  norms  do  not  include  the 
vision of the union and the work and knowledge that it has about discrimination on the 
basis of sexual orientation, expression and/or gender identity in the workplace, despite 
its considerable expertise  derived from years of activities in this field by  the members 
of the WG. 

On the  other hand, it has been necessary to carry  out important  communication and 
awareness-raising activities internally within the union, as there was some reluctance 
among  some  members  to  understand  why  the  fight  against  discrimination  on  the 
grounds of sexual orientation and gender identity is an issue that must be addressed by 
a trade union. Indeed, in this regard, there is still scope for improvement in order to 
achieve greater impact of the working group and the activities it undertakes. 

In addition, the lack of legislation requiring the effective inclusion in the workplace of 
anti-discrimination issues on grounds of sexual orientation or gender identity has also 
limited  the  impact  of  the  practice.  It  is  difficult,  within  the  framework  of  collective 
bargaining, for the employer to  recognise that there is discrimination on this issue in 
his/her  company,  and  a  law  requiring  the  inclusion  of  these  elements  in  collective 
bargaining would accelerate the achievement of this practice’s objective to fight against 
discrimination. 

Finally,  the  limited  resources  available  to  the  union  and  allocated  to  the  WG  and  its 
activities  may  have  hindered  its  operation  and  the  implementation  of  its  activities, 
limiting the impact of both. Indeed, the budget assigned to the Secretariat for Women 
and Equality did not increase when the strand “Equality” was added to that of “Women”.  

6.16.10 

Transferable elements of the practice 

The main elements for the possible transfer of the creation of the WG to other contexts 
are as follows: a) the existence of a permanent working group or structure in the trade 
union  on  issues  of  sexual  orientation  and  gender  identity;  b)  the  allocation  of  the 
responsibility for these matters to specific persons within the organization (such as the 
Secretaries  of  Equality);  c)  the  internal  capacity  of  the  union's  own  workers  that  will 
multiply  their  impact  in  the  companies;  d)  the  inclusion  of  these  issues  in  the  trade 
union’s action agenda; and e) the collaboration with local, regional and national LGBTIQ 
organizations. 

The  relative  ease  of implementing these  elements makes the practice transferable to 
other contexts, as long as the conditions of strong commitment and conviction on the 
part of the trade union are met. In this sense, the inclusion of these issues in the statutes 
of  the  union,  the  creation  of  specific  positions  in  the  organization  chart  dealing  with 
these  matters  (Secretaries  of  Equality),  the  provision  of  adequate  resources  and  the 
participation of experts from the union itself as well as the collaboration with LGBTIQ 
organizations i are all essential for the success of the practice. 

In this regard, it is worth highlighting that different organizations from countries such 
as  Argentina,  Ecuador  or  Chile,  including  not  only  trade  unions  but  also  public 
administrations working in the labour area, have asked CCOO to help with the transfer 
of  some  of the above-mentioned guides and materials to their countries.  In addition, 
trade unions from Denmark, the Netherlands or El Salvador have asked for information 
on the work the union is undertaking in the field of anti-discrimination because of sexual 
identity and gender orientation with the ultimate aim of replicating its activities in their 
respective  countries.  Furthermore,  the  sectoral  Federation  of  Teaching  of  CCOO  is 
currently  working  on  these  issues  with  the  Education  International,  a  Global  Union 
Federation representing organisations of teachers and other education employees.  

Finally,  the  Institute  for  Women  and  Equal  Opportunities  of  the  Ministry  of  Health, 
Consumer Affairs, Well-being and Equality of the Government of Spain, has used 'the 
excellent documents published by CCOO' to develop part of the report ‘LGBT People in 

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the  Field  of  Employment  in  Spain:  Towards  inclusive  Workspaces  with  Sexual 
Orientation and Gender Identity and Expression’ (Las Personas LGBT en el Ámbito del 
Empleo  en  España:  Hacia  Espacios  de  Trabajo  Inclusivos  con  la  Orientación  Sexual  e 
Identidad y Expresión de Género).299 

CCOO  is  also  trying  to  analyse  the  effective  implementation  of  the  role  of  Equality 
Specialists in works councils that deals not only with gender equality issues, as is now 
the case, but also includes gender diversity and sexual orientation matters. To do so, 
CCOO is trying to promote a European pilot project in order to test different approaches 
for this role in different Member States and labour market contexts. 

References 

CCOO  (2018).  Diversidad  Sexual  y  de  Género:  Una  Cuestión  Sindical  (Sexual  and 
Gender Identity: A Trade Union Matter).  

CCOO  (2018).  LGTBI.  Derechos.  Igualdad.  Normativa  y  Legislación  (LGTBI.  Rights. 
Equality. Regulation and Laws) 

CCOO (2018). Vocabulario para un Mundo Diverso (Vocabulary for a Diverse World).  

CCOO (2012). Diversidad Afectiva y Sexual: Una Cuestión Sindical (Affective and Sexual 
Diversity: A Trade Union Issue).  

Federation  of  Education  of  CCOO  (2015).  Somos  como  Somos:  12  Inclusiones  12 
Transformaciones (We Are as We Are: 12 Inclusions 12 Transformations). 

Federation  of  Education  of  CCOO  (2011).  25  Cuestiones  sobre  la  Orientación 
Homosexual (25 Questions about Homosexual Orientation). 

Federation of Education of CCOO (2011).  El Amor y el Sexo no Son de un Solo Color 
(Love and Gender Are not One Colour). 

Federation of Services to Citizens of CCOO (2018). Visibilidad Sindical de la Diversidad 
Sexual  y  de  Género  a  través  de  la  Negociación  Colectiva  y  la  acción  sindical  (Union 
Visibility of Sexual and Gender Diversity through Collective Bargaining and Union Action) 

Federation of Services to Citizens of CCOO (2017). Guía sobre Negociación Colectiva y 
Leyes de Igualdad (Guide on Collective Bargaining and Equality Laws). 

Federation of Services to Citizens of CCOO and FELGTB (2017). Good Practices Guide 
for the Treatment of Sexual and Gender Diversity in the Mass Media. 

Federation of Services to Citizens of CCOO (2016). Trans People in the Workplace. Guide 
for the Transition Process. 

Federation  of  Services  to  Citizens  of  CCOO  (2015).  Diversidad  Sexual  en  la  Acción 
Sindical (Sexual Diversity in Trade Union Action). 

Government of Spain (2015). Law 13/2005 of 1 July 2005 amending the Civil Code on 
the Right to Marry. 

Instituto de la Mujer y para la Igualdad de Oportunidades (2017). Las Personas LGBT 
en  el  Ámbito  del  Empleo  en  España:  Hacia  Espacios  de  Trabajo  Inclusivos  con  la 
Orientación  Sexual  e  Identidad  y  Expresión  de  Género  (LGBT  Persons  in  the  Field  of 
Employment  in  Spain:  Towards  Inclusive  Work  Spaces  with  Sexual  Orientation  and 
Gender Identity and Expression). 

299 Instituto de la Mujer y para la Igualdad de Oportunidades (2017). Las Personas LGBT en el Ámbito del 
Empleo en España: Hacia Espacios de Trabajo Inclusivos con la Orientación Sexual e Identidad y Expresión 
de Género. Specifically, it is in part based on the documents ‘Equality and Social Policy. Collective bargaining 
and equality’ (2016), edited by the Secretariat of Equality and Social Policy of the Federation of Services to 
Citizenship of Comisiones Obreras and ‘Trans People in the Workplace. Guide to the Transition Process’ (2016), 
published by the Federation of Services to Citizenship of Comisiones Obreras and by the State Federation of 
Lesbians, Gays, Transsexuals and Bisexuals (FELGBT). 

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6.17  Sweden - Workplace for all (Vision) 

6.17.1  Summary of the case study  

  Country: Sweden 

  Name of the trade union: Vision 

  Title of the case study: Workplace for all 

  Link 

study 
https://vision.se/mangfald and http://enarbetsplatsforalla.se/  

the  website 

case 

the 

to 

of 

(practice/s): 

  Date when the practice/s was first implemented: 2016 

  Whether practice/s still on-going: The practice is still on-going and embedded 

in wider strategy on equality and non-discrimination 

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: Open to all sectors 

Ground of discrimination addressed: Multiple discrimination 

  Short description and focus of the case study: The Workplace for All practice 
is  embedded  in  the  broader  agenda  of  Vision  supporting  equality,  diversity  and 
non-discrimination  

  Short description of activities:  

1) Short informative educational video about equality and diversity  

2) E-education platform ‘Workplace for all’  

3)  Detailed  guidance  for  managers  and  elected  representatives  on  active 
measures  in  relation  to  promoting  equality  and  non-discrimination  at  the 
workplace 

  Short description of results and impact: No formal evaluation has been carried 
out  but  the  trade  union  received  an  overall  positive  feedback  on  the  initiative, 
especially  on  the  e-education  tools,  which  many  organisations  included  in  their 
own internal training material. Another direct impact of the measure is that now 
all new trade union member has to complete the e-education tool. 

6.17.2  Introduction 

Workplace  for  All  is  being  implemented  by  Vision  (formerly  SKTF  and  Sveriges 
Kommunaltjänstemannaförbund) which is one of the leading trade unions in Sweden. It 
has 195,000 members representing a wide range of professions including professions 
that support welfare in the public sector and in related private enterprises or employed 
in the Swedish church or the free churches. 

Vision  brings  together  15,000  managers,  which  makes  it  the  biggest  trade  union 
representing public service management in Sweden.300 

recent 

The idea of supporting diversity and non-discrimination at the workplace was based on 
regarding  Sweden’s  Discrimination  Act 
the 
(Diskrimineringslagen). The Swedish Discrimination Act is based on EU directives and 
establishes a general framework for combating discrimination together with promoting 
equal treatment in the working life. 

legislative 

changes 

300 https://vision.se/Om-Vision/In-English/  

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The  Discrimination  Act  prohibits  discrimination  on  the  grounds  of  sex,  transgender 
identity  or  expression,  ethnicity,  religion  or  other  belief,  disability,  sexual  orientation 
and age. An employer may not discriminate against an individual who is an employee, 
temporary employee, a job-seeker, a trainee or a pupil in a work experience company 
placement.301 

An  amendment  to  this  legislation  was  introduced  on  1  January  2017  which  requires 
employers to take “active measures” to combat discrimination in all its forms.302  

Under the new rules, companies with 25 employees or more must work “systematically” 
to combat all forms of discrimination and document this work on an annual basis. Salary 
surveys, which were previously required to be carried out every three years, must now 
be conducted every year by companies with at least 25 employees. 

Companies  are  also  required  to  carry  out  internal investigations  to  assess  the  risk  of 
discrimination  or  harassment  and  to  document  their  findings.  “Reasonable”  anti-
discrimination measures, such as adjusting managerial and organizational structures to 
deter discrimination, must be applied where necessary. Companies found to be in breach 
of the new rules can face fines calculated on the basis of their financial strength.303 

6.17.3  Focus of the practice 

To support the above-mentioned changes, especially in relation to the ‘active measures’ 
introduced  by  the  legislative  amendment  of  1  January  2017,  Vision  created  the 
Workplace for All initiative which aims to facilitate discussion with employers on equality 
and support preventive measures against discrimination.  

The Workplace for All practice is embedded in the broader agenda of Vision supporting 
equality, diversity and non-discrimination. Indeed, its activities are strongly interlinked 
with and supported by their other actions on promoting equal treatment.  

The Workplace for All initiative offers multiple entry points for people to take part as it 
targets  different  types  of  stakeholders  from  individuals  interested  in  equality  at  the 
workplace to managers implementing active measures. The aim is to make it accessible 
for everyone, easy, quick to understand and as comprehensive as possible with the aim 
to provide information on non-discrimination at the workplace for all.  

The  target  group  of  the  initiative  is  also  wide-ranging  from  individuals  interested  in 
equality measures to employers responsible for ensuring active measures are in place 
to  support  non-discrimination.  All  the  measures  are  available  online  and  hence 
nationally available.  

The Workplace for All initiative was first developed in 2016 and was financed solely by 
the trade union. No external funds were used. The development of the tools was rather 
expensive,  but  these  were  built  and  set-up  in  a  way  that  is  sustainable,  while  the 
relevant content can be updated continuously without any significant extra  investment. 
There is a dedicated unit within the trade union’s education unit which was responsible 
for planning and establishing the e-education platform ‘Workplace for all’.  

http://www.industriarbetsgivarna.se/in-english/employers-information/discrimination-and-equal-

301 
opportunities-in-the-working-life  
302 https://www.bna.com/sweden-antidiscrimination-amendments-n57982085058/  
303 Ibid 

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6.17.4  Activities implemented 

Vision’s diversity platform consists of the following main elements:304 

  Short informative educational video about equality and diversity 

  E-education platform ‘Workplace for All’ 

  Detailed guidance for managers and elected representatives on active measures 

to promote diversity and non-discrimination at the workplace 

The section below describes in greater detail the contents of Vision’s diversity platform. 

6.17.4.1  Awareness raising video 

A short informational video targets those with limited time available and highlights the 
positive  changes  that  have  taken  place  over  the  past  100  years  and  which  have 
contributed to a more equal society. It is also used at events to engage the audience 
and promote the e-education/training platform.  

Figure 54. Together we change norms – Awareness raising promotional video 

6.17.4.2  E-education platform 

The  e-education/training  platform  Workplace  for  All305  offers  skills  development  on 
diversity. The online course focuses on how diversity affects every part of our working 
life.  It  consists  of  different  videos,  questions  and  exercises  which  help  participants 
explore and think about how diversity can contribute to a more inclusive working life. 
The  set-up  is  easily  accessible  and  can  be  completed  in  a  short  timeframe  (within 

304 https://vision.se/mangfald  
305 http://enarbetsplatsforalla.se/  

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approx. 20 minutes). Vision explain that the aim of making it short easy to comprehend 
and accessible was to provide an entry point for individuals to the discussion on non-
discrimination at the workplace. 
The  set-up  of  this  platform  is  user-friendly  and  accessible.  Users  are  guided  through 
each section which, as shown in Figure 55 below, provide easy to understand everyday 
examples of potential discrimination. 

Figure 55. Workplace for All e-education platform 

After completing the online training, the platform also provides users with useful every 
day tips that they can implement in their work life. These tips aim to help eliminating 
discrimination at the workplace. Tips provided by the platform on how to make one’s 
workplace more inclusive are shown in Figure 56 below.  

Figure 56. Workplace for All e-education platform 

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6.17.4.3  Guidance for managers and elected representatives 

The third type of support provided by Vision on diversity is guidance for managers and 
elected representatives306 on active measures introduced in the recent amendment of 
the Discrimination Act.  
Vision with more than 15,000 managers among its members is the biggest trade union 
representing  public  service  management  in  Sweden.    It,  therefore,  provides  a  great 
variety of guidance materials and support services for their manager members on active 
measures aimed at promoting equality, diversity and non-discrimination in the following 
areas:307 

  Working conditions 

  Provisions and practices regarding salaries and other terms of employment 

  Recruitment and promotion 

  Education and other forms of skills development 

  Opportunities to reconcile work and parenting responsibilities 

The guidance documents provided by Vision were developed by the Swedish Equality 
Ombudsman and include: 

  Checklist for managers about active measures to promote equality, diversity and 

non-discrimination at the workplace 

  Digital guide to active measures and 

  #metoo checklist for managers 

6.17.4.4  Additional support measures 

In  order  to  promote  the  measures  and  raise  awareness  to  the  issues  of  equality  and 
non-discrimination,  Vision  made  the  use  of  e-education  platform  and  associated 
training  mandatory  for  all  its  new  members.  With  more  than  195,000  members  in 
total and 1,250 new members in March only, this ensures that the ‘Workplace for All’ 
platform is reached by a broad range of audience. 

As the example provided in Figure 57 below shows, Vision also launched a social media 
campaign to promote its tools on diversity and non-discrimination and raise awareness 
on equality at the workplace.  

Figure 57. Tweet from Vision to raise awareness to the issue of equality at the workplace 

Lastly,  Vision  also  published  a  list  of  good  practices308  on  its  website  highlighting 
examples of diversity at work that can act as an inspiration to other members.  

306 https://vision.se/for-dig-som-ar/Fortroendevald/Arbetsmiljo1/diskriminering-och-aktiva-atgarder/  
307 https://vision.se/Yrken/Chef/Verktyg/diskriminering---guide-for-chefer/aktiva-atgarder/  
308 https://vision.se/Din-trygghet/Mangfald/goda-exempel/  

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6.17.5  Partnership 

Vision has not worked with partners during the development of the tools. It was financed 
from the trade union’s own budget and the project was coordinated by the employees 
of  the  education  unit.  However,  Vision  established  good  working  relationships  with 
employers and trade union members who are the main target audience for the tools. 

During the development of the tools, Vision regularly organised reference group meeting 
with  the  participation  of  3-4  local  trade  unions  to  gather  their  feedback  and  provide 
input to the different initiatives.  

6.17.6  Impact of the practice 

No  formal  evaluation  of  the  tools  (e.g.  the  e-education/training  platform)  has  been 
carried out since they were introduced to the public. However, the interview conducted 
with the representative of Vision suggests that overall Workplace for All and the other 
activities  supporting  diversity  and  equality  at  the  workplace  were  well  received  by 
employers and the general public. 

Vision continuously receives positive feedback from employers who often feature the e-
platform on their internal learning pages.  

The social media campaign and the wide-spread use of the platform also increases the 
visibility of equality issues both within the trade union movement and among the general 
public.  

A key direct impact among new trade union members was that the training is now a 
major component of their on-boarding process.  

6.17.7  Success factors 

The success of the project is to a large extent based on the strong pro-active approach 
demonstrated by the trade union committed to promoting the idea of equality and non-
discrimination.  This  was  also  supported  by  dedicated  financial  and  human  resources 
from the trade union’s own annual budget. 

Vision  also  capitalised  on  ongoing  legal  developments  in  favour  of  promoting  active 
measures in terms of promoting diversity and non-discrimination at the workplace. This 
also helped to facilitate the establishment of the tools such as the e-education/training 
platform as there was an increased interest in issues related to non-discrimination and 
equality.  

The interviewee highlighted that the guidance documents and the e-education/ training 
platform is set up in a neutral way which can be utilised in a variety of situations. This 
has also favoured greater take-up and use of the tools and guidance documents.  

Discussion  on  equality  was  gradually  introduced  in  the  activities  of  the  trade  union 
which, in turn, helped demonstrate the value of equality awareness within the union. In 
practice, this meant that the equality agenda was introduced to the union members and 
leaders  as  an  integral  part  of  their  overall  training  and  continuous  professional 
development activities.  

6.17.8  Hindering factors and areas for improvement  

The implementation of the tools went rather smoothly without any significant difficulties. 
An  area  for  improvement  identified  by  the  interviewee  was  that  currently  the  e-
education/training  platform  is  mostly  used  by  stakeholders  who  are  already  engaged 
with equality and non-discrimination at work. 

There  are  planned  updates  for  the  e-education/training  platform  and  the  aim  for  the 
future  updates  is  to  try  and  reach  out  to  those  currently  less  interested  in  and  not 

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engaged in the discussion about the need to support diversity and non-discrimination 
at the workplace.  

6.17.9  Transferable elements of the practice 

Many of the different elements under Vision’s diversity agenda are easily transferable. 
The guidance notes for managers and elected representatives on active measures that 
promote  diversity  and  non-discrimination  at  the  workplace  as  well  as  the  e-
education/training  platform  can  without  difficulty  be  implemented  in  other  Member 
States or trade unions. 

Similarly, the compilation of good practices  can be easily done by other trade unions 
without significant additional administrative or financial costs.  

The financial investment required at the development phase was identified as a potential 
hindering  factor  in  relation  to  transferability.  The  development  of  an  online 
education/training platform requires significant investment which might not be available 
in all trade unions.  

The establishment of the diversity agenda also required dedicated human resources. In 
some trade unions this might pose a challenge, if no such staff are available.  

Lastly,  the  specific  socio-economic  situation  of  a  country  was  highlighted  by  the 
interviewee  as  a  significant  influencing  factor  when  it  comes  to  transferability.  Vision 
noted that the implementation of such measures as those presented here was successful 
in Sweden, not least because it took place against a backdrop of economic growth. As 
a result, the general public was no longer concerned about the financial crisis and its 
negative impact and thus started to think about and take up other employment-related 
issues such as the equality and diversity agenda. As was pointed out, in other Member 
States where the economic situation is less favourable, the public might not be ready to 
take up such issues.  

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6.18  The  Netherlands  -  Netwerk  Roze  FNV:  The  Dutch  Pink  Network 

representing LGTBI+ (FNV) 

6.18.1 Summary of the case study  

  Country: The Netherlands  

  Name of the trade union: FNV (Federatie Nederlandse Vakbeweging: Federation 

of Dutch Trade Unions) 

  Title of the case study: Netwerk Roze FNV (Network Pink) 

  Link 

to 

the  website 

of 

the 

case 

study 

(practice/s): 

http://www.netwerkrozefnv.nl/  

  Date when the practice/s was first implemented: Since 2015 

  Whether practice/s still on-going: Still on-going 

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: Cross-sectoral 

  Ground of discrimination addressed: Discrimination against LGTBI+ (Lesbian, 

Gay, Transgender, Bisexual, Intersex and other) in the workforce  

  Short description and focus of the case study: Netwerk Roze is the network 
representing LGTBI+ people in the largest Dutch trade union confederation.  Its 
aims are to combat the discrimination and improve the integration and inclusion 
of  LGTBI+  people  in  both  the  workplace  and  the  wider  workforce  (e.g. 
jobseekers). The network is active in the Netherlands and internationally. 

  Short  description  of  activities:  Netwerk  Roze  tries  to  change  attitudes, 
perceptions and views about LGTBI+ people by influencing influencers, e.g. the 
FNV  parliament  of  members  who  are  involved  in  collective  labour  agreement 
negotiations,  as  well  as  international  organisations.  Apart  from  having  an 
influencing  role,  the  network  collects  and  disseminates  good  practices  and 
supports  LGTBI+  members  directly  by  a  surgery  in  which  LGTBI+  people 
experiencing difficulties at the workplace can receive support.  

  Short description of results and impact: Netwerk Roze is making a difference 
nationally  and  internationally.  Nationally,  its  rainbow  checklist  with  guiding 
principles  is  helping  workplaces  become  more  LGTBI+  friendly  by  ensuring 
collective agreements take into account factors pertinent to the workplace and/or 
labour market integration and inclusion of LGTBI+ people. Internationally, it puts 
LGTBI+ issues on the table with transnational organisations and calls for action to 
be taken to improve the  situation of this group of people that worldwide still is 
systematically  discriminated  against  both  at  the  workplace  and  in  society  as  a 
whole.  

6.18.2  Introduction  

The FNV, the Federation of Dutch Trade Unions (Federatie Nederlandse Vakbeweging), 
is the largest trade union federation in the Netherlands. The FNV has more than a million 
individual  members  from  various  unions  over  a  total  working  age  population  (15-64-
year  olds)  of  8,376,400309  in  2018.  This  means  that  around  one-eighth  of  Dutch 
employees are members of the FNV. Netwerk Roze (Network Pink) FNV is a network for 
LGTBI+  (Lesbian  women,  Gay  men,  Trangender  people,  Bisexual  people,  Intersex 

309 Eurostat, Employment by sex, age and citizenship (1 000) [lfsa_egan], accessed on 15/03/2019, available 
from: http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=lfsa_egan&lang=en  

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people and others (+)) across the various unions affiliated to the FNV. Netwerk Roze 
FNV aims to prevent and combat discrimination, and to improve the inclusion and equal 
treatment of LGTBI+. 

Netwerk Roze FNV was set up in 2015, after several of the individual trade unions in the 
confederation merged into the FNV and ceased to operate as separate unions. Netwerk 
Roze  FNV  brings  together  previous  efforts  of  the  unions  that  merged  into  FNV  on 
representing  the  interests  of  LGTBI+  employees.  Prior  to  2015,  the  separate  unions 
had,  to  varying  extent,  already  taken  internal  action  to  ensure  the  interests  of  these 
groups  were  represented.  For  example,  Abvakabo  (the  public  service  union  prior  to 
merging into FNV) regularly published magazines for its gay and lesbian members. This 
was needed as discrimination and exclusion of LGTBI+ was and, according to Netwerk 
Roze, is still ongoing in the  Netherlands, despite the fact that homosexuality has not 
been  a  criminal  offence  since  1971.  The  Netwerk  Roze  interviewee  points  out  that 
discrimination  and  exclusion  are  also  still  rife  internationally,  marginalising  LGTBI+ 
people  around  the  world.  This  is  something  which  the  individual  unions  then,  and 
Netwerk Roze now, show solidarity with. The experience of these former individual trade 
unions (going back 30 years), both in terms of improving equal treatment of LGTBI+ as 
well  as  combatting  the  discrimination  they  face  when  looking  for  work  and,  in  the 
workplace, has been merged into Netwerk Roze FNV.  

The  active  members  of  Netwerk  Roze  FNV  are  called  kaderleden  (literally:  ‘context 
members’). These ‘context members’ are volunteers that are committed to a particular 
topic.  Their  activities  will  take  place  in  the  context  of  this  topic.  These  topics  include 
specific (larger) companies, sectors or sub-sectors, Dutch regions or local authorities, 
or cross-cutting topics such as a dedicated women’s network. In the case of Netwerk 
Roze FNV, the topic is LGTBI+ (i.e. the context of their operation). Their activities focus 
on representing LGTBI+ people including by producing and disseminating guidelines for 
LGTBI+  friendly  collective  agreements  (the  ‘rainbow  checklist’),  collecting  and 
disseminating  best  practices,  and  providing  support  to  LGTBI+  workers.  The  work  of 
Netwerk Roze feeds into the day-to-day work of the FNV trade union federation. Netwerk 
Roze  FNV’s  ‘context  members’  lobby  with  the  FNV’s  parliament  of  members,  which 
includes representatives from all 26 sectors covered by the federation. The parliament 
of  members  sets  the  strategic  direction  for  the  federation  and  makes  decisions  on 
proposals from the federation’s governing board. The FNV also has a dedicated member 
(i.e. not a ‘context member’) whose remit is to support minority groups. Netwerk Roze 
FNV  also  works  with  individual  members  of  parliament  who  represent  the  federation 
during negotiations for sectoral collective agreements, for example to ensure that the 
collective labour agreement also takes into account the interests of LGTBI+ people. 

6.18.3  Focus of the practice 

Netwerk Roze FNV seeks to achieve three key objectives: 

1.  Combatting discrimination of LGTBI+ people 

2.  Improving integration of LGTBI+ employees at work 

3.  Improving inclusion (i.e. normalisation) of LGTBI+ employees at work 

According to the interviewee from Netwerk Roze FNV, to achieve full inclusion of LGTBI+ 
people in a country or sector (key objective three), one has to start with promoting non-
discrimination,  i.e.  combatting  discrimination  more  generally,  and  ensuring  that 
workers’ rights and human rights generally also apply to LGTBI+ people. The next stage 
is to achieve the integration of LGTBI+ employees at work. This refers to the integration 
of LGTBI+ individuals at the workplace, i.e. ‘fitting in’ while still being themselves. Only 
then  can  one  focus  on  achieving  their  inclusion  at  the  workplace,  which  means  a 
situation in which being LGTBI+ is seen as normal. Note that inclusion does not refer to 
the  inclusion  of  LGTBI+  people  generally  (this  would  be  covered  under  combatting 
discrimination and integration), but rather refers to society’s inclusion of LGTBI+ people 

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and their needs into what is seen as ‘normal’. This normalisation (or inclusion) process 
requires both society and work  environments  to adapt,  e.g. in terms  of  changing the 
workplace policies, culture and norms (and often attitudes in the workplace) to ensure 
that LGTBI+ workers can be themselves.  

These different stages mentioned above and summarised in Figure 58 below reflect the 
various degrees of progress towards inclusion of LGTBI+ people at the workplace. The 
Network Roze interviewee indicates that the degree  of progress varies greatly across 
the  various  sectors  in  which  the  FNV  represents  its  members.  For  example, 
discrimination in the construction sector is still an issue, whereas in hospitals the onus 
is more on improving the inclusion (i.e. normalisation) of LGTBI+ staff.  

Netwerk  Roze  FNV  strives  to  achieve  these  objectives  in  the  Netherlands,  but  also 
extends  this  internationally,  out  of  solidarity  with  LGTBI+  worldwide  who  experience 
discrimination in the workplace. Indeed, this part of its activities is funded by an FNV-
budget dedicated to international solidarity. The national activities from Netwerk Roze 
FNV  are  also  funded  by  the  FNV  budget  which,  in  turn,  consists  of  members’ 
contributions  and  from  employer  contributions  to  the  FNV  for  its  role  in  establishing 
collective agreements.310   

Figure 58. LGTBI+: From discrimination to inclusion 

6.18.4  Activities implemented  

Netwerk Roze FNV represents the interests of LGTBI+ people through various activities 
which are described in this section.  

6.18.4.1  Collecting and disseminating good practices 

Figure 59. Netwerk Roze FNV logo 

FNV 

Roze 

good 

collects 
practices 

and 
Netwerk 
disseminates 
that 
demonstrate  successful  approaches  to 
issues  experienced  by  LGTBI+  people 
either in the workplace or when looking for 
work on its website.  

Source: Netwerk Roze FNV website http://www.netwerkrozefnv.nl/ 

Coming out works better! Best Practices for the establishment of an LHBT-network is an 
important document that provides guidance for setting up a LGTB network at work and 
provides  good  practice  examples  of  companies  that  are  LGTB-inclusive.  The  original 
document is written in Dutch (Uit de kast werkt beter! Best Practices voor het starten 

310  The  General  Employers  Organisation  Netherlands  (AWVN:  Algemene  Werkgeversvereniging  Nederland) 
pays an amount to each involved trade union for every agreed collective labour agreement. 

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van een LHBT-netwerk311) and was published in 2011, before Netwerk Roze FNV came 
into existence. However, Netwerk Roze FNV still actively disseminates this document. A 
transcript is available in English.312 

Aside from best practices, Netwerk Roze FNV’s website collects and disseminates articles 
that are relevant to LGTBI+ people in the workplace and wider labour market. Some 
examples are:  

  An  article  from  FNV  Magazine,  a  magazine  pitched  to  older  FNV  members 
describing  the  needs  of  gay  pensioners  and  cases  of  discrimination  of  gay 
pensioners in some mainstream care homes;313 

  An information sheet from the Transgender Network TNN (Transgender Netwerk 
Nederland)  and  the  University  of  Humanistic  studies  (Universiteit  voor 
Humanistiek) on transgender people and work.314 

  An information sheet from the Dutch knowledge institute Movisie together with 
the NNID (Dutch Network for Intersex [people]/DSD (Disorders of Differences of 
Sex Development) on intersex people.315 

6.18.4.2  Influencing  

According to the interviewee, Netwerk Roze FNV is primarily a network which is active 
in  influencing  policies  and  procedures,  and  cooperating  with  others  within  the  trade 
union, in order to make workplaces more inclusive of LGTBI+ interests, meaning that 
workplaces take into consideration and normalise the needs of these workers. To this 
end, members of Netwerk Roze FNV work together with other FNV ‘context members’, 
board members of the FNV, advisors and lawyers. 

One tool created by Netwerk Roze FNV which helps them extend their influence is the 
Rainbow  checklist  for  CAOs.316  CAOs  (collectieve  arbeidsovereenkomts)  stands  for 
collective  agreements.  The  rainbow  checklist  provides  guiding  principles  for  works 
councils and CAO negotiators to support them in making both the workplace and CAOs 
LGTBI+ inclusive.  The checklist sets out elements of the CAO  which are important in 
combatting  discrimination  and  improving  the  integration  and  inclusion  of  LGTBI+ 
employees. The interviewee provided the example of transition leave for transgender 
people, a topic which is very specific to transgender employees, which is not something 
currently included in CAOs. The TNN initially made the proposal for transition leave and 
the FNV was the first to endorse it. The TNN tried to gain government support for this 
proposal but was not successful. In absence of a law ensuring transition leave, the FNV 
encourages sectors to include this in their CAO as part of the rainbow checklist to make 
the workplace more inclusive of (i.e. normalise) transgender employees. Netwerk Roze 
FNV  has  also  gained  support  for  the  checklist  from  the  FNV’s  members’  parliament, 
which  is  important  in  ensuring  take-up  by  the  individual  members  who  sit  in  works 
councils and negotiate CAOs for their respective sectors.  

311  The  report,  in  Dutch,  can  be  accessed  online  at:  http://www.trade-union-rainbow-rights.org/best-
practices_lhbt-netwerk.pdf  
312  The  English  transcript  can  be  accessed  online  at:  http://www.trade-union-rainbow-rights.org/best-
practices_lhbt-netwerk-engels.pdf  
313  The  magazine, 
content/uploads/2015/09/FNV-2015_3-SE.pdf  
314  The 
content/uploads/2015/03/TransgenderenWerkfactsheet2017.pdf  
315 The information sheet, in Dutch, can be accessed online at: http://www.netwerkrozefnv.nl/wp-
content/uploads/2016/10/Intersekse-vraag-antwoord-MOV-11177833-1.0.pdf  
316 The checklist, in Dutch, can be accessed online at: http://www.netwerkrozefnv.nl/wp-
content/uploads/2015/07/CAOregenboogchecklist.pdf   

in  Dutch,  can  be  accessed  online  at:  http://www.netwerkrozefnv.nl/wp-

in  Dutch,  can  be  accessed  online  at:  http://www.netwerkrozefnv.nl/wp-

fact  sheet, 

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Under the ‘influencing’ role, the interviewee also mentions that the network can highlight 
emerging issues to the FNV so that it is aware of barriers and difficulties faced by its 
LGTBI+  members.  One  such  issue  is  the  case  of  families  with  multiple  parents  (e.g. 
three parents, not referring to adoption, or two gay couples (male and female couple) 
who decide to bring up a child together). The rights of the third (and fourth) parent who 
is not the biological parent may not be clear, while they do have “traditional” parental 
responsibilities. In the interest of these people, their rights as a working parent should 
be made clear so that they have the same rights as traditional working parents. 

Another example of ‘influencing’ is a call for action from the chair of Netwerk Roze FNV 
following reports of structural discrimination of LGTBI+ asylum seekers in Dutch centres 
where these wait for decisions on their application for refugee status (so-called asylum 
seeker  centres  (asielzoekerscentra)),  in  the  media,  and  from  the  COC.  The  COC  is  a 
Dutch  organisation  representing  LGTBI+  interests  generally  (COC  stands  for  Cultuur- 
en Ontspanningscentrum (Culture and leisure centre), a name stemming from 1949). 
In a letter calling for action,317 the chair from Netwerk Roze FNV asks FNV colleagues to 
get in touch with their local centre, and ensure management sees the safeguarding of 
LGTBI+ asylum seekers as a priority issue and takes action to guarantee their safety. 

6.18.4.3  International activities 

Netwerk Roze FNV actively represents LGTBI+ interests internationally and extends its 
main  objectives  (combatting  of  discrimination,  improving  integration  and  promoting 
inclusion  of  LGTBI+  people)  globally.  Nationally,  it  does  this  by  e.g.  arguing  against 
pension  fund  investments  into  countries  that  do  not  accept  LGTBI+  people,  e.g. 
countries  where  homosexuality is  a  punishable  offence,  sometimes  even  carrying  the 
death  penalty.  However,  it  mainly  focuses  on  building  and  maintaining  international 
networks in order to exert influence abroad with the aim of improving the situation for 
LGTBI+ people in both the workplace and the wider labour market. 

Figure 60. Cover of the international rainbow checklist for collective agreements 

for  an 

international  audience, 

For  example,  the  rainbow  checklist  for  collective 
agreements318 is  available  in  English.  It  is  based 
on the aforementioned Dutch version. The text is 
i.e. 
adapted 
including  guiding  principles 
for  making  the 
workplace more inclusive of LGTBI+ people which 
are not present in the Dutch version because they 
are already considered basic employee or human 
rights  in  the  Netherlands  and  do  not,  therefore, 
need  to  be  covered  explicitly  in  Dutch  collective 
agreements.  Apart  from  listing  LGTBI+  related 
elements which should be taken into consideration 
in  collective  agreements,  the  checklist  also 
provides a basis for the monitoring and evaluation 
of collective agreements. 

Source:  Netwerk  Roze 
http://www.netwerkrozefnv.nl/wp-
content/uploads/2017/02/Checklist-collective-
bargaining-LGBT-issues-ENG-new-layout.pdf 

FNV,  available 

from: 

317 The letter, in Dutch, can be accessed online at: http://www.netwerkrozefnv.nl/wp-
content/uploads/2016/05/oproep-netwerkroze.pdf  
318  The  checklist, 
content/uploads/2017/02/Checklist-collective-bargaining-LGBT-issues-ENG-new-layout.pdf  

in  English,  can  be  accessed  online 

from:  http://www.netwerkrozefnv.nl/wp-

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Figure 61. Logo of the “Freedom at work” conference from 2016 

In  the  summer  of  2016,  Netwerk  Roze  FNV  hosted  a 
conference  dedicated  to  LGTBI+  workers’  rights  to 
exchange experiences, enhance expertise and create new 
incentives and opportunities for cooperation between trade 
unions.  Around  90  participants  joined  from  20  countries 
across  the  globe.  The  conference  was  titled  “Freedom  at 
work”. A  report summarises the various speeches,319 and 
workshops on over 20 topics facilitated by individuals and 
representatives from organisations around the world.  

Source: Freedom at work Facebook page. Access to the page requires a Facebook account. 

The  full  conference  report  is  available  online.320  A  Facebook  page321  continues  to  be 
maintained  to  share  relevant  news  with  conference  participants  and  to  provide  a 
platform for them to keep in touch. 

Under its principle of solidarity, Netwerk Roze FNV also maintains bilateral relations with 
other  trade  unions.  For  example,  even  prior  to  2015,  the  then  separate  trade  union 
Abvakabo (now part of FNV) worked closely together with the Turkish non-governmental 
organisation  KAOS  GL  (Kaos  Gay  and  Lesbian  Cultural  Research  and  Solidatiry 
Association,  or  in  Turkish:  Kaos  Gey  ve  Lezbiyen  Kültürel  Araştırmalar  ve  Dayanışma 
Derneği).  Netwerk  Roze  FNV  continues  this  relationship.  The  onus  is  on  exchanging 
experiences and expertise. The initial exchange was facilitated by TIE-Netherlands (TIE: 
Transationals Information Exchange), an organisation that ceased operations in January 
2017.  Tie-Netherlands322  was  part  of  an  international  network  dedicated  to  training, 
support and advice for trade union activists. 

6.18.4.4  Hotline 

The FNV (Not Netwerk Roze FNV) runs a hotline323 which is open to FNV members who 
want to complain in confidence or ask for information or advice regarding experiences 
of  discrimination,  racism,  (sexual)  intimidation,  bullying  or  other  inappropriate 
behaviour at work. The hotline is not dedicated to LGTBI+ workers specifically but, as 
the interviewee from Netwerk Roze FNV points out, the team that answer the phone are 
trained to recognise and help, or at least refer to the appropriate advice and/or support 
services those who experience difficulties at the workplace because they are LGTBI+. 

6.18.4.5  LGTBI+ surgery 

As  the  interviewee  from  Netwerk  Roze  FNV  points  out,  it  is  unusual  for  ‘context 
members’ to give direct support to FNV members. However, the walk-in surgery from 
Netwerk Roze FNV is an exception. The interviewee explains that because  one of the 
‘context members’ involved in Netwerk Roze FNV is experienced in supporting LGTBI+ 
employees who face issues such as discrimination or bullying at work, the network opted 
to  offer  this  walk-in  surgery.  The  surgery  is  accessible  through  an  appointment  and 
welcomes LGTBI+ people who experience issues at work because of their identity. As 

report, 

in  English,  can  be  accessed  online 

319 Speeches from the FNV, Netwerk Roze, FNV, Public Services International (PSI), Education International 
(EI) and the European Trade Union Confederation (ETUC)). 
320  The 
rights.org/ONLINE%20VERSION%20CONFERENCE%20REPORT%20FREEDOM%20AT%20WORK.pdf  
321 The Facebook page requires a Facebook account to access. 
322 The TIE-Netherlands website (mainly in Dutch) is still online as of March 2019, and can be accessed from: 
http://www.tie-netherlands.nl/home  
323  Information  about  the  hotline  is  disseminated  on  the  FNV’s  website:  https://www.fnv.nl/service-
contact/vertrouwenstelefoon  

from:  http://www.trade-union-rainbow-

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the leaflet in Figure 62 states “The FNV also represents LGTBI+: For questions related 
to work and income, we offer a surgery with specialists in the area of LGTBI+”. 

Figure 62. Excerpt from Netwerk Roze FNV’s surgery 

Source: Netwerk Roze FNV surgery leaflet available from: http://www.netwerkrozefnv.nl/contact/ 

6.18.4.6  Publicity 

Netwerk  Roze  FNV,  in  addition  to  the  abovementioned  activities,  also  ensures  it 
publicises  itself  widely,  so  that  FNV  members  and  non-members  know  that  Netwerk 
Roze FNV exists and that it represents the interests of LGTBI+ people in both the labour 
market and the workplace. One relevant event at which Netwerk Roze FNV is present is 
Roze Zaterdag (Pink Saturday), which is an annual event in June.324 Every year, Roze 
Zaterdag  takes  place  in  a  different  city.  It  is  also  present  at  the  Amsterdam  Pride 325 
which is a festival celebrating and expressing the diversity of the LGTBI community.  

6.18.5  Impact of the practice  

This section provides an overview of the impact of the practice against each of the three 
objectives set out in 6.18.3. The objectives present tangible goals that directly reflect 
the  different  stages  towards  the  inclusion  of  LGTBI+  workers  in  different  sectors  not 
only in the Netherlands, but also worldwide. These three different stages are  visually 
shown in Figure 58 and were discussed earlier in 6.18.3.  

6.18.5.1  Combatting discrimination of LGTBI+ 

According  to  the  interviewee,  Netwerk  Roze’s  national  achievement  is  that,  at  least 
within the FNV, discrimination against LGTBI+ workers is clearly not tolerated and the 
FNV  does  not  shy  away  from  taking  a  stance  against  discrimination.  The  interviewee 
provided the example of the FNV’s reaction to the recent Nashville declaration. Netwerk 
Roze FNV published its response, backed by the FNV, rejecting the Nashville Declaration 
and stressing that for the FNV, ‘gay rights equal human rights equal trade union rights’. 
The FNV also embodies these principles as the largest trade union confederation and a 
partner at the negotiating table for collective agreements and at other fora. 

Internationally, Netwerk Roze FNV has initiated international collaboration for the non-
discrimination  and  inclusion  of  LGTBI+  workers  worldwide  by  proposing  orchestrated 
action  at  the  Public  Services  International  (PSI)  Conference.  The  proposal  has  been 
adopted as Resolution number 11.326  

324 The website for Roze Zaterdag (in Dutch), is accessible at: https://www.rozezaterdagen.nl/index.php  
325 The website for the Amsterdam Pride (in English), is accessible at: https://pride.amsterdam/?lang=en  
326 Resolution number 11 can be viewed as part of the Resolutions adopted by PSI Congress 2017, available 
online  from:  http://congress.world-psi.org/wp-content/uploads/2017/12/EN-Vol-3-Resolutions-adopted-by-
Congress-Nov-2017.pdf  

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According to this Resolution, PSI will: 

…propose and facilitate the setting up of a joint cross-GUF327, international working group, 
consisting of active union members working on defending LGBTQI rights, for generating 
ideas  for  actions  and  activities,  and  for  supporting  the  GUF  staff,  noting  that  the 
experiences of the EI328/PSI LGBT Forum can be used as input for this work. 

The objective of stimulating a more active input from trade unions around the world is 
the  need  to  address  the  ongoing  discrimination  of  gay  people  (in  over  70  countries, 
homosexuality is a criminal offense). However, as the interviewee for Netwerk Roze FNV 
points out, this is only half the work that is required. While the PSI has agreed to take 
action, at present tangible results need to be achieved through influencing trade unions 
in countries and sectors where discrimination of LGTBI+ employees still occurs. 

6.18.5.2  Improving integration of LGTBI+ at work 

Most  collective  agreements  will  come  up  for  renegotiation  over  time  and  will  benefit 
from  the  Dutch  CAO  rainbow  checklist  which  will  help  make  workplaces  friendlier  for 
LGTBI+  staff  and  support  their  integration  and  inclusion.  The  interviewee  from  the 
Netwerk  Roze  FNV  provided  the  example  of  the  checklist  currently  being  used  in 
negotiations  in  Rotterdam,  and  guiding  principles  listed  in  the  checklist  have  been 
included in an agreement for a public transport provider in Amsterdam. It also appears 
that the checklist can have some impact when the government cannot or chooses not 
to act: for instance, in the case of transition leave, the government could not agree to 
TNN’s proposal to provide this as a legal right. Through highlighting transition leave in 
the rainbow checklist, collective agreements can achieve this in sectoral or company-
wide collective agreements. The Dutch rainbow checklist includes a chapter on gender 
identity and asks the user to consider whether the employee has to use their own annual 
leave to attend medical consultations or procedures relating to their gender transition. 
The rainbow checklist provides checks related to: 

  Discrimination in general 

  Adherence to official diversity charters or standards 

  Recruitment 

  Gender identity 

  Employees’ relationships 

  Employees’ children 

  Health care 

  Contact with customers, clients, patients, students, parents and others 

  Undesired  behaviours:  bullying,  social  exclusion,  (sexual)  intimidation  and 

discrimination at work 

  Domestic violence 

  Quality assurance, monitoring and evaluation 

6.18.5.3  Improving inclusion of LGTBI+ at work 

According to the interviewee from the Netwerk Roze FNV, the ideal which Netwerk Roze 
seeks to achieve, is to normalise LGTBI+ in the workplace. This is a long-term goal and, 
as  the  interviewee  points  out,  certain  sectors  in  the  Netherlands  are  still  quite  far 
removed from achieving this goal. To illustrate this point, the interviewee provided an 

327 GUF: Global Union Federation 
328 EI: Education International 

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example: in hospitals, LGTBI+ related discrimination is rarely an issue and the onus is 
now  on  inclusion.  In  sectors  such  as  construction  and  at  the  police,  however,  such 
discrimination  is  still  common.  The  interviewee  from  Netwerk  Roze  FNV  does  believe 
that  the  network’s  activities  are  helping  to  bring  about  positive    change  in  terms  of 
LGTBI+  being  ultimately  normalised  in  the  workplace  by  paying  attention  to,  raising 
awareness of and calling for action on these issues. Raising awareness and calling for 
actions  on  issues  encountered  by  LGTBI+  can  lead  to  these  being  addressed,  for 
example, by being included in law on either discrimination or working conditions. In a 
very recent example, a proposal for an amendment to the  Wet gelijke behandeling329 
(Law  on  equal  treatment)  from  1994  (latest  amendment  2015)  was  accepted  on  12 
March 2019.330 The amendment foresees that transgender and intersex people cannot 
be  discriminated  against,  including  in  (but  not  limited  to)  the  workplace.  This 
automatically  affects  the  1999  Arbeidsomstandighedenwet331  (Law  on  working 
conditions, latest amendment at the start of the 2019 calendar year), which states that 
the employer has to have a policy for the prevention or at least limitation of psychosocial 
burden on employees, including discrimination (Article 3.2). 

6.18.6  Success factors 

Generally, the key success factor for Netwerk Roze is support from the trade union. 

Indeed, the interviewee from the Netwerk Roze FNV points out the importance of the 
support from the FNV as a trade union confederation. As the largest confederation of 
trade  unions,  the  FNV  as  a  whole  can  instigate  change  in  the  fight  against  the 
discrimination of LGTBI+ people in work and for their inclusion in the workplace. The 
FNV’s  commitment  is  evident  from  its  dedicated  member  for  diversity,  its  continued 
financial  support  for  Netwerk  Roze,  as  well  as  the  endorsement  of  its  members’ 
parliament of the rainbow checklist. In particular, the checklist has enabled the Netwerk 
Roze FNV to make a tangible difference, as it can be used in collective bargaining.  

Part of this rainbow checklist, and particularly important for establishing LGTBI+ friendly 
working conditions according to the interviewee, is the ‘partner definition’, i.e. how one’s 
‘partner’ is defined. The collective labour agreement may attribute particular rights to 
the other partner in the relationship, but if it is not clear who is considered to be such a 
partner,  employees  may  not  be  able  to  access  these  rights.  Related  issues  concern 
questions such as  

 

 

 

‘is a same-sex partner considered a partner under this definition?’ 

‘does a partner have to live at the same address?’ 

‘what if there are more than two parents to a child, e.g. two gay couples raising 
a child?’ 

To  ensure  that  working  conditions  can  also  apply  inclusive  of  LGTBI+  in  their  family 
situation, i.e. LGTBI+ workers have access to the same provisions as other workers, a 
well-thought-out partner definition is key. The interviewee points out that this means 
involved  parties  have  to  change  their  views  and  let  go  of  the  traditional  image  of  a 
family. This can be difficult to achieve in some sectors and countries. The interviewee 
also  points  out  that,  ultimately,  normalisation  (inclusion)  of  non-traditional  families 

329 The Wet gelijke behandeling is available online from: https://wetten.overheid.nl/BWBR0006502/2015-07-
01  
330  On  12  March  2019,  the  Dutch  Senate  (Eerste  Kamer)  accepted  the  amendment,  after  the  House  of 
Representatives (Tweede Kamer) had accepted it on 3 July, 2018. See, for example, the timeline for this law 
at: 
on 
https://www.eerstekamer.nl/wetsvoorstel/34650_initiatiefvoorstel_bergkamp  
331 The Arbeidsomstandighedenwet is available online from: https://wetten.overheid.nl/BWBR0010346/2019-
01-01  

accessible 

website 

Dutch), 

Senate 

the 

the 

(in 

of 

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reduces  bullying  through  acceptance  of  diversity,  i.e.  there  is  no  deviation  from  the 
norm that may encourage bullying as diversity is then the norm. 

Finally,  the  interviewee  points  to  the  importance  of  support  from  international 
organisations,  as  it  allows  for  working  conditions-related  improvements  for  LGTBI+ 
people around the world and, therefore, allows for the improvement of the employment 
situation  of  all  LGTBI+  people.  In  relation  to  the  continuum  in  Figure  58,  such 
developments  help  move  the  global  starting  point  (i.e.  combatting  discrimination)  of 
those  countries  currently  furthest  away  from  inclusion  closer  to  integration  and, 
ultimately,  to  a  situation  where  LGTBI+  are  fully  accepted  at  the  workplace  and  in 
society. 

6.18.7  Hindering factors and areas for improvement  

Netwerk Roze FNV’s main limiting factor are its limited financial resources. As a network, 
it runs on volunteers. The budget for its national and international activities decreases 
every  year.  This  reflects  the  reduced  budget  for  the  FNV  as  a  whole.  It  does  not, 
however, mean that the equality of LGTBI+ workers within the FNV is seen as a lesser 
priority.  As  a  result  of  the  limited  resources,  Netwerk  Roze  FNV  cannot  hire  in 
professional services to conduct their own research, run its own campaign or provide 
more  support  to  influence  negotiations  for  large  collective  agreements  by  ensuring 
negotiators effectively use the rainbow checklist and its guiding principles for inclusion 
of  LGTBI+.  As  the  interviewee  from  Netwerk  Roze  FNV  points  out,  all  of  these,  are 
activities the Netwerk Roze ‘context members’ would like to do but are not able to due 
to lack of financial resources. 

One  of  the  reasons  for  the  decrease  in  overall  budget  could  be  the  reduction  in  the 
number  of  members  of  the  FNV.  This  reflects  the  wider  situation  in  the  Netherlands, 
where between 1999 and 2016 the number of people who were trade union members 
declined by 21 percent.332 The decline seems to have slowed down in recent years but 
was (and still is) most strongly felt by trade union federations such as the FNV. 

Limited resources are not just a problem for Netwerk Roze FNV. In an article on Network 
Roze’s  website  which  reports  on  the  outcomes  of  the  PSI  conference  (i.e.,  the 
international working group), it is highlighted that a major concern going forward is the 
lack  of  resources  (time  and  money)  that  may  be  freed  up  to  focus  on  improving  the 
working conditions and labour market position of LGTBI+ people globally. As the article 
explains: whenever trade unions are assigned extra tasks (e.g. to support workers with 
a minority background), LGTBI+ issues are likely to lose out and be subsumed under 
the umbrella term of  diversity.333 Indeed, with the international scene currently being 
currently receptive for this issue, the interviewee is worried that Netwerk Roze FNV may 
not have the resources to keep pushing, or push harder, for LGTBI+ interests at trade 
unions internationally and at organisations such as the international labour organisation 
(ILO): “there is still a lot to be done”. 

6.18.8  Transferable elements of the practice  

Netwerk Roze FNV has already published an international version of its rainbow checklist 
for  CAOs  in  English  with  the  intention  of  facilitating  its  dissemination  and  transfer  to 
other countries. However, for the checklist to have an impact, the context in which it is 
implemented should provide trade unions with a strong collective bargaining position. 
In addition, collective agreements that are binding or universal allow for greater impact. 
In the Netherlands, by far most employees are covered by collective agreements which 

332  Reported  by  the  Dutch  national  statistics  institute  CBS  (Centraal  Bureau  voor  de  Statistiek),  available 
online  (in  Dutch)  at:  https://www.cbs.nl/nl-nl/nieuws/2016/43/aantal-vakbondsleden-daalt-maar-minder-
snel  
333  The  article,  in  Dutch,  is  available  online  from:  http://www.netwerkrozefnv.nl/vakbonden-gaan-
internationaal-meer-samenwerken-op-lhbti-gebied/  

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are  generally  agreed  for  a  sector  and/or  large  organisations.  Most  of  these  collective 
agreements  are  declared  to  be  binding  for  the  entire  sector  by  the  government.  For 
countries  where  trade  unions  do  not  enjoy  a  strong  bargaining  position,  or  where 
collective agreements do not have a strong legal status, the impact of the checklist may 
be limited. 

As part of the collective labour agreement, the interviewee points out that the definition 
of one’s ‘partner’ is of particular importance to ensure LGTBI+ employees have access 
to  the  same  rights  and  working  conditions.  This  consideration  is  part  of  the  rainbow 
checklist  and  could  be  adopted  by  other  trade  unions  when  influencing  the  collective 
bargaining  progress  to  be  inclusive  of  all  type  of  families.  However,  in  countries  that 
have a strong traditional view on what a family should look like, a change in attitudes, 
views and cultural norms so as to support the inclusion of all types of families may be 
difficult to achieve. 

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6.19  The United Kingdom – Diversity in Fire Brigades (FBU) 

6.19.1 Summary of the case study  

  Country: The UK 

  Name of the trade union: The Fire Brigades Union (FBU) 

  Title of the case study: Diversity in Fire Brigades 

  Link 

of 
https://www.fbu.org.uk/topics/bemm  

the  website 

to 

the 

case 

study 

(practice/s): 

  Date when the practice/s was first implemented: Implemented since 1990s 

  Whether practice/s still on-going: Still on-going  

  Whether the practice was included in the 2010 study: Yes 

  Sector of the trade union/practice/s: Firefighters sector  

  Ground of discrimination addressed: Black and Ethnic minority  

  Short  description  and  focus  of  the  case  study:  The  case  study  is  about  the 
adoption and implementation of a range of union policies, procedures and activities 
to reflect the ethnic diversity in the union and ensure better recruitment, retention 
and promotion of black and ethnic minority (B&EMM) members. 

  Short description of activities: The activities were focussed on actions to reflect 
the  ethnic  diversity  in  the  union  and  ensure  better  recruitment,  retention  and 
promotion of black and ethnic minority (B&EMM) members  

  Short  description  of  results  and  impact:  The  key  results  related  to  the 
establishment  of  the  specific  union  structures,  regular  activities  and  noticeable 
impact on the inclusion of (B&EMM) members in the fire service  

6.19.2  Introduction  
FBU is a long-established (since 1918) union representing workers in the fire brigades 
across  the  UK.  It  represents  around  34,000  men  and  women  in  the  fire  and  rescue 
service,  including  control  staff  and  retained  firefighters.  The  FBU  offers  a  number  of 
services  to  members.  Amongst  the  key  union  priorities  is  the  promotion  of  equality, 
tackling discrimination in the workplace and support to equal opportunities in the fire 
and  rescue  service  irrespective  of  race,  gender,  ethnic  background  or  other  personal 
characteristics. 

FBU  is  organised  regionally,  with  regional  sections  across  the  UK,  and  thematically, 
consisting of six sections. One of the sections is dedicated to the promotion of black and 
ethnic diversity within the union and combatting discrimination on ethnic background 
grounds (other equality sections relate to the promotion of women’s and LGBTI issues). 
The section started in early 2000s as a self-organised section in London. Then, a group 
of  union  members  decided  to  self-organise  and  act  to  address  the  issues  that  black 
firefighters are treated differently, not getting promotion opportunities and the fact that 
the  number  of  successfully  recruited  candidates  did  not  reflect  the  ethnically  diverse 
make-up of the overall British society. Thus, the B&EMM section ensures a specific focus 
on this area, it is a formally established FBU structure via the union’s rulebook with a 
specific remit.  

6.19.3  Focus of the practice  

The  union  implemented  a  number  of  structures  and  activities  to  improve  the  ethnic 
diversity and promote the anti-discrimination agenda.  

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In terms of the union structures, the B&EMM section at the national level of the union 
consists of the chair, secretary and vice-chair. In addition, there are regional B&EMM 
representatives at the level of each of the 12 FBU regions. Furthermore, the union has 
the  so-called  “fairness  at  work”  officials  who  are  regionally  based  and  look  after  the 
equality issues at the regional level from a more cross-cutting equality perspective. The 
structure is replicated at each of the regional levels of the FBU.  

The  key  activities  of  the  B&EMM  section  are  focussed  on  raising  awareness  of  the 
equality  agenda,  promoting  diversity  in  the  recruitment,  retention  and  promotion 
practices in the fire service and providing visibility to race and ethnicity agenda across 
the union and fire service workplaces.  

6.19.3.1  Activities implemented  

FBU and the B&EMM section has implemented a number of activities to promote more 
inclusive fire services for their black and ethnic minority members.  

At the union level, as a local government association, FBU set a group on inclusivity 
in  the  fire  and  rescue  service,  composed  of  the  representatives  of  the  management, 
trade unions and the government. Satellite meetings were organised in all 5 regions to 
provide  small  forums  to  discuss  the  discrimination  in  recruitment,  retention  and 
promotion. The outcome was the Inclusivity report with key recommendations to embed 
the inclusivity in every aspect of the FBU work and workplaces in the fire and rescue 
service.334  

The union then promoted active positive recruitment campaigns to reach out to potential 
ethnic minority recruits. This was to demonstrate the message that fire service was a 
career service for everybody. The B&EMM section and the union also helped to set the 
minimum  standards  based  on  best  practice  examples  on  how  inclusive  recruitment 
process could look like. However, the standards remain to be interpreted at the regional 
and  branch  level,  and  the  lack  of  nationally  enforceable  standards  remains  an  issue. 
Recruitment  is  regionally  and  locally  fragmented  and  is  not  benefitting  from  learning 
from experiences in other workplaces.  

B&EMM  section  also  pushed  through  the  equality  considerations  to  be  included  more 
broadly  in  the  online  and  offline  union  member  training  courses  to  give  visibility  and 
attention to the topic.  

Another area of activity currently is to ensure the FBU adopts a formal policy on equality 
as part of its constitution and rulebook so that it is clear that harassment and bullying 
on any grounds is an offence which is not tolerated by the union. The work on this policy 
is currently ongoing and is planned to be finalised in 2020.  

B&EMM section is also looking to undertake more data collection and research on the 
extent  to  which  the  current  fire  service  is  discriminatory,  how  covert  /  overt  the 
discrimination is and other key aspects. In relation to data, a major push needed is to 
change legislation and enable the collection of ethnic background of the applicants to 
the fire service (currently not collected). Then the section could analyse the profile of 
applicants,  the  community  and  fire  workforce  to  understand  any  patterns  in 
discrimination.  

At the level of individual union branches, the core B&EMM section activities are: 

  Regular,  mostly  quarterly,  meetings  amongst  the  black  and  ethnic  minority 
members  where a broad range of issues affecting the members are discussed, 
the discussions from the regional committees reflected and vice versa, issues are 
identified  for  follow-up  either  to  the  management  or  the  regional  union 
structures. The meetings provide a regular safe space for the members to share 

334 https://www.fbu.org.uk/publications  

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their views and experiences which they might not be entirely comfortable doing 
in the regular union meetings at the branch level.  

  Outreach activities: the outreach team regularly organises outreach events in the 
communities with a higher ethnic minority presence. Such information days help 
the  potential  recruits  from  the  black  and  ethnic  minority  background  to  get  to 
know  the  fire  service,  the  expectations  and  requirements  in  the  recruitment 
process and see the actual firefights from the ethnic minority background as role 
models.  It  is  also  a  concrete  opportunity  to  ask  concrete  questions,  and  get 
information and concrete tools on how to apply to become a firefighter.  

  New  recruits  with  the  ethnic  minority  background  receive  from  the  B&EMM 
section an informal support  service. After they join, a B&EMM  section member 
would  contact  them  on  a  regular  basis  to  see  how  they  are  settling  in  after 
starting,  whether  there  are  any  issues  emerging.  This  provides  an  informal 
setting to discuss and identify any potential challenges. 

  Workshops  for  promotion:  when  specific  promotion  rounds  are  coming  up,  the 
B&EMM  section  would  organise  specific  workshops  with  senior  black  /  ethnic 
minority  managers  to  share  their  experiences  on  the  road  to  promotion.  This 
helps  the  members  to  understand  better  and  prepare  for  the  process  of 
promotion.  

  Encouraging  B&EMM  section  members  to  get  involved  in  the  union  and  local 
community events where traditionally black / ethnic minority firefighters would 
not be expected to appear (e.g. Notting Hill carnival). This is to raise awareness 
and provide the black / ethnic minority firefighters with a bigger profile outside 
their traditional settings. 

  The union work related to discipline issues. Statistics show that typically black / 
ethnic  minority  firefighters  are  disciplined  more  disproportionally  compared  to 
their share in the overall fire service workforce. B&EMM section works then with 
the members to ensure they have the right representation and support them fully 
through  the  discipline  process.  B&EMM  section  also  holds  meetings  with  the 
management to ensure they are educated and understand the situation and social 
background of black / ethnic minority firefighters.  

6.19.4  Impact of the practice 

The  impact  of  B&EMM  section  has  been  to  promote  the  more  inclusive  and  open 
workplaces in the fire and rescue service towards the workers from the black / ethnic 
minority.  Whereas  in  the  1960s  and  70s  the  fire  service  could  have  been  called 
institutionally racist, the situation now has improved dramatically through the work of 
B&EMM section across various areas of recruiting, retaining and promoting firefighters 
in  a  more  open  and  more  transparent  way.  An  additional  impact  has  been  an  active 
empowerment of the black and ethnic minority firefighters themselves to stand up and 
find their voice in the fire service. The work of the B&EMM section has provided them 
with a support and influence to change the discriminatory practices in the workplaces.  

On the other hand, all stakeholders interviewed agreed that further momentum in this 
area needs to be maintained. The recruitment, retention and promotion practices have 
become less overtly discriminatory, but the discrimination can happen in a more covert 
and subtle way. In the words of one interviewee, “people get complacent thinking the 
problem is solved and the union has other issues to address”.   

6.19.5  Success factors 

The key success factors have been identified as follows: 

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  Support  from  the  union  senior  leadership.  The  union leadership  has  been  very 
supportive  for  the  work  of  the  B&EMM  section  throughout  its  creation  and 
development  of  the  various  activities.  This  has  been  critical  in  ensuring  the 
positive equality agenda is embedded across the union’s work.  

  Support  from  the  management.  This  has  been  critical  in  implementing  less 
discriminatory practices in recruitment, retention and promotion. Concretely, the 
support has manifested also in management supporting the release time for the 
members  of  the  B&EMM  section  so  that  they  can  contribute  to  the  section 
activities.  

  Supportive political and legislative context. The work of the B&EMM section has 
prospered  especially  under  the  Labour  government  when  the  national 
government has actively promoted the positive equality agenda through a range 
of  legislative  and  non-legislative  activities.  This  has  been  reversed  since  2010 
Conservative government has been in place as it has paid less active attention to 
the promotion of equalities agenda.  

6.19.6  Hindering factors and areas for improvement 

The major hindering factors have been identified as follows: 

  Certain level of complacency in the union. Given the past successes of the B&EMM 
section, it has become difficult to motivate the members to get involved in the 
B&EMM  section  work  as  many  consider  that  the  problems  have  been  already 
addressed – or become involved when a specific problem is identified, rather than 
being proactive. So the inclusion and equality strategies are in place in the union 
and  fire  service,  but  the  challenge  is  to  keep  the  momentum  going  when  the 
discrimination is perhaps more covert and subtle.  

  Fluctuation in funding and political attention to the equality agenda. As explained 
above, the work of the B&EMM section has prospered especially under the Labour 
government  when  the  national  government  has  actively  promoted  the  positive 
equality agenda through a range of legislative and non-legislative activities. This 
has been reversed since 2010 Conservative government has been in place as it 
has paid less active attention to the promotion of equalities agenda. Also, when 
the cuts in the fire service are considered, the equalities activity budget has been 
traditionally  amongst  the  first  activities  to  be  cut.  This  affects  negatively  the 
stability and political attention to the topic.  

  Decentralised  structure  of  the  fire  service  and  the  union.  As  the  fire  service  is 
organised at the regional and local levels, the B&EMM section activities take place 
at  these  organisational  levels,  with  the  national  section  playing  a  coordinating 
role. On one hand, this ensures that local B&EMM sections respond flexibly to the 
needs  and  issues  of  their  members  on  the  ground.  On  the  other  hand,  the 
decentralised  structure  makes  it  challenging  to  develop  and  enforce  national 
standards on e.g. ethnically positive recruitment or share best practices across 
the different fire service workplaces.  

6.19.7  Transferable elements of the practice  

A number of practice elements can be transferred successfully, namely: 

  Creation of specific union structures dedicated to fighting the discrimination on 

ethnic minority grounds.  

  Development  of  regular  union  activities  –  meetings,  recruitment,  retention, 
promotion practices – so that equality agenda is embedded throughout the work 
of the union.  

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6.20  The  United  Kingdom  -  Personal,  Social  and  Health  Education 
statutory  (PSHE)/  Relationships  and  sex  education  (RSE) 
curriculum (NEU) 

6.20.1 Summary of the case study  

  Country: United Kingdom 

  Name of the trade union: National Education Union (NEU) 

  Title of the case study: Personal, Social and Health Education statutory (PSHE)/ 

Relationships and sex education (RSE) curriculum 

  Link to the website of the case study (practice/s): https://neu.org.uk/  

  Date when the practice/s was first implemented: n/a 

  Whether practice/s still on-going: On-going 

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: Education 

  Ground of discrimination  addressed:  Multiple but mostly focusing on sexual 

orientation and gender identity 

  Short  description  and  focus  of  the  case  study:  The  practice  focuses  on  a 
campaign  for  statutory,  age-appropriate  and  inclusive  relationships  and  sexual 
education as well as personal, social, health and economic education 

  Short  description  of  activities:  The  campaign  involves  a  broad  range  of 
activities including the preparation of guidance documents and training materials, 
conferences and awareness raising activities 

  Short description of results and impact: Although statutory PSHE has not yet 
been introduced, NEU was successful in achieving inclusive and age-appropriate 
RSE  and  health  education.  It  also  ensured  that  LGBT+  content  is  integral  in 
secondary education and that more content on gender equality is included in the 
curriculum. 

6.20.2  Introduction 

NEU has been formed in 2018 from the previously separate unions  ATL and the NUT. 
Currently,  the  National  Education  Union  is  the  UK’s  largest  education  union.  NEU 
members together are more than 450,000 teachers, lecturers, support staff and leaders 
working in maintained and independent schools and colleges across the UK. Its aim is 
to shape the future of education for the benefit of teachers, support staff, leaders, and 
pupils. Equality is considered to be a key priority of the union, and the union works to 
ensure  that  its  members  do  not  face  barriers  to  promotion,  representation  or 
participation. 

At present, state-funded schools are not required to teach personal, social, health and 
economic  education  (PSHE),  although  some  chose  to  do  so.  From  September  2019 
onwards, schools will be required to teach relationships and sex education (RSE), but 
not  PSHE.  However,  education  staff  believe  that  PSHE  lessons  should  also  be  made 
compulsory for all school children, and that PSHE  lessons are the best place to teach 
RSE.335 

335 
education/supporting_documents/RSE%20impact%20assessment%2010.7.2018.pdf 

https://consult.education.gov.uk/pshe/relationships-education-rse-health-

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The lack of statutory PSHE in England means that some children and young people may 
not receive any sex education, other than what is taught in the national curriculum for 
science.    The  National  Education  Union  (NEU)  argues  that  this  is  contrary  to  the 
European Convention on Human Rights on the child’s right to education, as well as the 
UN’s convention on the rights of the child.  Since young people are legally able to have 
sex at the age of 16 in the UK, there is a strong argument for ensuring that pupils are 
able to receive some sex education before that age.  The UK Government has also stated 
that non-statutory PSHE is no longer compatible with English case law.  

Many schools already teach PSHE  education successfully; yet it is not a priority in all 
schools  due  to  its  non-statutory  curriculum  status.  This,  in  turn,  threatens  the 
consistency of standards and the time spent teaching PSHE.336 

The NEU has campaigned for statutory PSHE for many years – as highlighted through a 
series  of  motions  passed  at  their  annual  conferences  with  the  aim  of  influencing  the 
Government’s policy on the issue. 

Given the growing concern around child sexual abuse and exploitation and the increased 
risks associated with growing up in a digital world, there was a particularly compelling 
case for the Government to act in relation to pupil safety. A key piece of legislation was 
passed  through  Parliament  in  2017  making  it  necessary  for  primary  schools  to  teach 
relationships education and secondary schools to teach relationships and sex education 
(RSE) from September 2019.337  

According to NEU, lack of statutory RSE arguably has a greater impact on certain groups, 
in  particular,  women  and  girls,  LGBT+  people  and  children  with  special  educational 
needs and disabilities. Thus, NEU has campaigned for an inclusive RSE, one that ensures 
LGBT+ content is included and is integral to the RSE and PSHE curriculum and welcomed 
the legislative changes which have made RSE mandatory.  

NEU’s own research “It’s Just Everywhere” shows that sexism and sexual harassment 
are  commonplace  in  schools  and  that,  therefore,  there  is  an  urgent  need  to  educate 
children  and  young  people  about  harmful  behaviours  and  attitudes  that  can  lead  to 
gender inequality and gender-based violence.   

In addition, a recent  survey338  carried  out by  NEU among  education staff working in 
primary and secondary education found that 91% feel that PSHE should have a regular 
slot in school timetables and be an integral part of the school curriculum. 

Yet, almost 70% said that staff in their school have not had sufficient training to deliver 
high-quality  PSHE  or  RSE.  Moreover,  56%  believe  that  having  inadequate  resources 
with which to teach PSHE or RSE is the main barrier to delivering high-quality PSHE and 
RSE in all schools.339 

In  recent  years,  NEU  has  been  working  at  the  national  level  through  lobbying  to 
influence guidance and support given to school and reinforce the importance of PSHE 
and RSE. 

336 
https://www.pshe-
association.org.uk/sites/default/files/PSHE%20workload%20report%20FINAL%20version%204%206%2020
18.pdf  
337 
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/595828
/170301_Policy_statement_PSHEv2.pdf  
338 https://neu.org.uk/press-releases/pshe-and-sre-should-both-be-compulsory-all-school-children  
339 Ibid 

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6.20.3  Focus of the practice 

The practice focuses on a campaign for statutory, age-appropriate and inclusive PHSE 
and RSE in order that: 

  Children and young people are equipped with the skills to develop happy, healthy 
and equal relationships with others, no matter what their identity, and can make 
well informed, safe decisions about their lives; 

 

the  status  of  these  subjects  in  the  school  curriculum  is  enhanced  and  the 
importance  of  social  and  emotional  learning  within  the  education  system  is 
further strengthened; 

  To  support  schools  to  implement  statutory  PSHE  and  RSE  in  order  to  ensure 

consistency across England.  

In particular, NEU wanted to ensure:   

  All teachers have access to training;  

  All schools have access to high quality guidance and resources in relation to PHSE 

and RSE. 

6.20.4  Activities implemented 

The campaigning and lobbying activities involved a number of other activities in order 
to provide adequate support for statutory RSE. Firstly, NEU conducted a survey among 
its members to gather an evidence base for the need for reform in PSHE and RSE and, 
in particular, to show that there is support among its members for statutory PSHE. The 
results received great media coverage. 

Since then, NEU has worked closely with the Department for Education (DfE) to influence 
what is included in the statutory RSE curriculum and health and education guidance. In 
addition, NEU has also worked closely with key stakeholders in the sector such as the 
Sex  Education  Forum  (SEF)  to  map  where  relevant  topics  are  currently  missing  from 
RSE in schools and highlight what areas related to RSE children and young people want 
to know more about.  

Based  on  the  evidence  gathered,  NEU  responded  to  the  Government  consultation  on 
RSE guidance and what support schools need to implement in that regard.340 

NEU has also undertaken significant awareness raising activities along with the Sex 
Education Forum (see Figure 63) in order to actively update its members through blogs, 
briefing papers and other social media posts. 

340 https://consult.education.gov.uk/pshe/relationships-education-rse-health-education/ 

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Figure 63. Awareness raising to the importance of RSE 

NEU in cooperation with the Sex Education Forum prepared a guidance document 
on  the  10  principles  of  high-quality  evidence  based  RSE  and  another  guidance 
document with SEF and the PSHE association on a roadmap to statutory RSE which 
highlights key steps schools should take to meet the new requirements by 2020. 

In order to raise awareness and disseminate the results of the research, in November 
2018  NEU  organised  a  conference341  for  its  members  with  SEF  on  Countdown  to 
Statutory RSE (see Figure 64). The programme included: 

  Workshops  catering  for  primary  and  secondary  education  professionals,  with  a 
stream  for  teachers  new  to  RSE  as  well  as  experienced  educators  wanting  to 
develop their career as PSHE and RSE specialists; 

  Sessions focused on a whole-school approach and safeguarding, LGBT inclusive 
RSE, gender identity and gender equality, faith school case-studies and parental 
engagement; and 

  Resource and information stand and ample opportunities to network and access 

a wide range of RSE resources. 

341 https://www.sexeducationforum.org.uk/training/calendar/conference-countdown-statutory-rse 

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Figure 64. Countdown to statutory RSE conference  

This event was followed by another conference in March 2019 for independent schools 
(see Figure 65).342 Topics discussed during the conference included: 

  How the new guidance will affect schools; 

  What can be done to improve the quality of teaching and learning of RSE; 

  Opportunities for cross-curricula learning; 

  What best practice(s) can be found in schools; and 

  Where to access resources and support. 

Figure 65. Countdown to statutory RSE conference for independent schools 

342 
independent  

https://www.sexeducationforum.org.uk/training/calendar/conference-countdown-statutory-rse-

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In April 2019, NEU will launch its AGENDA toolkit which shows how schools can empower 
young people to speak out on sexism, sexual harassment and gender equality in their 
school (see Figure 66). The toolkit was prepared in partnership with a professor from 
Cardiff University. 

Through starter activities and case studies, the AGENDA toolkit provides an overview of 
creative  and  rights-based  approaches  to  a  range  of  issues  including:  feelings  and 
emotions;  friendships  and  relationships;  body  image;  consent;  gender  and  sexuality 
equality and equity; gender-based and sexual violence. Specifically, it includes: 

  a rights-respecting whole-school approach to gender equality, relationships and 

sex education; 

  case study examples of how schools have supported children and young people 
to learn and become aware about issues that promote equality and foster positive 
relationships; 

  advice for children and young people on how to speak up and/or take action on 
sexual  harassment  among  other  topics,  including  a  range  of  cross-curricular 
examples  from  dance  and  movement  (expressive  arts)  to  digital  story  telling 
(using ICTs). 

Figure 66. Example of activities included in the AGENDA toolkit343 

NEU continues to roll out its training programme to its members to prepare them for 
the advent of statutory RSE. A recent survey carried out by NEU (see  6.20.2) showed 
that many members felt they are not fully equipped to provide PSHE education. These 
training  courses  are  run  by  the  Sex  Education  Forum  (SEF),  part  of  the  National 
Children’s Bureau.  

The  training  course  ‘Get  ready  for  statutory!  Relationships  and  Sex  Education’  is 
available  for  primary,  secondary  and  special  schools.  The  training  sessions  are 

343 https://neu.org.uk/agenda 

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interactive,  and  participants  work  both  individually  and  in  groups  to  explore  the 
implications  of  RSE  statutory  status  and  identify  realistic,  achievable  goals  for  their 
school.344 During the course participants: 

  Review and update existing provision in line with new legislation; 

  Brief  colleagues  on  new  legislation,  guidance  and  Office  for  Standards  in 
Education,  Children's  Services  and  Skills  (Ofsted)345  requirements,  including 
safeguarding; 

  Identify  good  practice  and  understand  how  to  assess,  monitor  and  evaluate 

teaching and learning in relation to RSE; 

  Learn how to facilitate consultation with staff, pupils and parents; 

  Apply a range of resources and approaches to ensure Relationships Education is 

inclusive and needs-led. 

The costs associated with NEU’s  activities include one policy officer’s time to influence, 
campaign  and  lobby  Government  for  policy  change  and  develop  written  responses, 
briefings, etc. This work is being overseen by the policy manager. In addition, the head 
of  training  was  responsible  for  running  the  RSE  training  along  with  SEF.  In  terms  of 
financial investment, around £2,000 was spent working with partners such as SEF and 
over £10,000 on developing the AGENDA resource with Cardiff University.  

6.20.5  Partnership 

Partners have been involved in supporting NEU to train teachers and develop resources 
to  support  schools.  The  two  main  partners  of  the  National  Education  Union  in  this 
process are the Sex Education Forum346 and Cardiff University. 

The Sex Education Forum is part of the National Children’s Bureau and was established 
in 1987 with the aim of ensuring that all children in England receive quality advice and 
education about relationships and sex education. 

The  Sex  Education  Forum  advocates  and  campaigns  to  ensure  children  and  young 
people's  entitlement  to  RSE  is  firmly  embedded  into  national  and  local  government 
policies in relation to education and wider public understanding. 

It also supports professionals to whom it provides reliable information and high-quality 
training,  so  that  they  are  well  informed  and  competent  to  commission,  teach  and 
research RSE. 

In particular, NEU have partnered with the SEF to run a conference in November 2018 
on  ‘Countdown  to  statutory  RSE’.  The  training  programme  offered  by  NEU  is  also 
delivered by the SEF.  

Both NEU and SEF have a good working relationship and the cooperation so far has been 
fruitful in terms of delivering RSE-related training to NEU members. 

In addition, NEU worked closely with a professor from the University of Cardiff to develop 
the  AGENDA  toolkit  resource.  The  work  is  still  ongoing,  but  NEU  highlighted  that  the 
cooperation so far added great expertise to their work in the areas of RSE. 

No  significant  difficulties  or  hindering  factors  were  identified  in  relation  to  the 
cooperation among partners. 

344  http://www.sexeducationforum.org.uk/training/our-training-packages/get-ready-statutory-relationships-
and-sex-education-primary-secondary  
345 https://www.gov.uk/government/organisations/ofsted  
346 https://www.ncb.org.uk/about-us/our-specialist-networks/sex-education-forum  

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6.20.6  Impact of the practice 

Although statutory PSHE has not yet been achieved, NEU was successful in promoting 
inclusive and age-appropriate RSE and health education. This is deemed as a huge step 
forward  to  improve  RSE  and  PSHE  education  across  the  England.  Moreover,  through 
effective lobbying, NEU ensured that: 

  LGBT+  content  is  integral  in  secondary  education.  For  instance,  in  primary 
schools, RSE education may involve talking about LGBT+ families. In secondary 
education,  schools  will  have  to  teach  about  sexual  orientation  and  gender 
identity.   The  Government’s  guidance  states  that  schools  will  be  ‘free  to 
determine’ how they cover LGBT+ content and when; 

  more content around gender equality included in the guidance; and  

  key content is delivered in a timely and age-appropriate way to meet the needs 
of children and young people. In particular, NEU managed to secure amends to 
RSE  curriculum  to  ensure  content  on  menstruation  was  included  in  the  health 
education curriculum in primary education 

On  a  more  practical  level,  the  conference  organised  in  cooperation  with  SEF  was 
attended by around 150 people, mostly teachers and  education professionals. At this 
event, NEU could reach out to their members directly and reinforce the importance of 
PHSE and RSE in schools. 

No evaluation has been conducted on the impact of the training session, but overall the 
initiative was welcomed by teachers. As mentioned previously, in NEU’s recent survey 
many teachers felt they are not properly prepared to teach this subject. NEU received 
positive  feedback  from  the  participants  after  the  event  who  highlighted  that  it  was 
thought  provoking  with  plenty  of  hands-on  activities  providing  a  holistic  approach  to 
teaching RSE in schools.347 

NEU’s AGENDA toolkit will be launched in April 2019, and thus too early to judge on its 
potential  impact.  However,  it  will  reach  all  of  NEU’s  450,000  members  and  will  be 
promoted across the union. 

As  was  highlighted  by  interviewee,  the  lasting  impact  will  be  schools  delivering  high 
quality, inclusive RSE that is fit for the 21st century. Training will ensure that teachers 
are confident and well equipped to deliver this subject well. The work is still ongoing, 
and NEU aims to continue lobbying for statutory PSHE education in schools.  

6.20.7  Success factors 

A  number  of  success  factors  were  identified  based  on  the  interview  and  the  desk 
research: 

  Legislative reform in relation to making RSE statutory was a key element laying 
down  the  foundation  for  the  changes.  Without  these  legislative  changes,  NEU 
would  not  have  had  the  opportunity  to  lobby  strongly  for  the  cause  statutory 
PSHE and influence policy making in this field;  

  There  was  also  consensus  and  support  across  union  and  within  third  party 
sector348  about  the  importance  of  the  statutory  RSE  and  PSHE  and  need  for 
change. This consensus was also reinforced by the political parties.  

347  http://www.sexeducationforum.org.uk/training/our-training-packages/get-ready-statutory-relationships-
and-sex-education-primary-secondary  
348  Non-governmental  organisations  that  are  value-driven  and  which  principally  reinvest  their  surpluses  to 
further  social,  environmental  or  cultural  objectives.    It  includes  voluntary  and  community  organisations, 
charities,  social  enterprises,  cooperatives  Definition  available  at:  https://www.nao.org.uk/successful-
commissioning/glossary-of-terms/#T 

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  Prior  to  the  legislative  changes,  NEU  already  had  an  increased  focus  and  had 
undertaken considerable work on sexism and sexual harassment. Taking up the 
issue of statutory RSE/PSHE fitted very well in their overall policy objectives and 
reforms. This also ensured that the dedicated human and financial resources were 
available to carry out the work in that regard.  

6.20.8  Hindering factors and areas for improvement  

Hindering  factors  were  identified  in  relation  to  external  factors.  For  example,  certain 
elements  of  RSE  were  opposed  and  thus  could  not  be  as  ‘strong’  as  NEU  initially 
campaigned for. Opposition mainly has come from individual parents, faith groups and 
campaigning bodies. Even though RSE will be statutory from September 2019 onwards, 
the opposition still goes on and continues to be an issue in lobbying for statutory PSHE. 

In  terms  of  maximizing  the  impact  of  RSE  and  PSHE  in  schools,  NEU  perceives  the 
parental right to withdraw their children from the relevant classes as a hindering factor. 
This means that some children still miss out on the sex education element of RSE up 
until 3 months before they turn 16. 

In the future, NEU plans to work together with other organisations, especially unions, 
to secure statutory PSHE. While the lack of cooperation was not identified as a hindering 
factor,  working  together  with  other  unions  would  definitely  improve  their  lobbying 
potential. 

In relation to the conference organised in cooperation with SEF, the key barrier was the 
cost to attend which not all members could afford. 

6.20.9  Transferable elements of the practice 

There are several elements of the practice that can be easily transferred. The AGENDA 
toolkit  resource  was  highlighted  as  being  transferable  to  almost  all  contexts  and  is 
already available in Wales and will be launched in England in April 2019.  

The organisation of a series of events dealing with the topic helped to raise awareness 
and helped to keep the issue on the agenda of the union and the education community. 
This element can easily be transferred into another national context. 

Another  transferable  element  is  the  way  the  training  courses  are  organised.  The 
participatory approach during the courses helped to deepen participants’ knowledge on 
the topic as well as to bring different perspectives, including from teachers themselves 
and education experts, into the interactive sessions thus enriching the overall debate. 

The  current  campaign  on  RSE  and  PSHE  also  raised  awareness  about  discrimination 
based  on  sexual  orientation  and  gender  identity.  However,  the  approach  adopted  by 
NEU could also be transferred to campaigns for fighting other grounds for discrimination, 
for instance, race and ethnicity as well as religion and belief. 

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6.21  The United Kingdom – I can act but I won’t pretend (Equity UK) 

6.21.1  Summary of the case study  

  Country: The UK 

  Name of the trade union: Equity UK  

  Title of the case study: I can act but I won’t pretend  

  Link 

to 

the  website 

of 
https://www.equity.org.uk/media/1805/i-wont-pretend-campaign.pdf  
https://www.equity.org.uk/media/1263/agenda-for-change.pdf 
https://www.equity.org.uk/getting-involved/campaigns/manifesto-for-casting/  

study 

(practice/s): 

case 

the 

  Date when the practice/s was first implemented: 2016  

  Whether practice/s still on-going: The practice is still on-going and embedded 

in the wider strategy ‘Agenda for Changes’  

  Whether the practice was included in the 2010 study: No 

  Sector of the trade union/practice/s: Media and performing arts 

  Ground of discrimination addressed: sexual orientation and gender identity 

  Short description and focus of the case study: In the media and performing 
arts  sector  acceptance  of  discrimination,  harassment  or  other  inappropriate 
behaviour is considered as ‘the price to pay’ to enter the world of entertainment 
and pursue a career. Harassment and discriminatory language are deep-rooted in 
the culture of the sector and have become common practice leading to extremely 
low levels of awareness amongst workers and high acceptance from the industry. 
This  has  led  Equity  to  take  action  to  raise  awareness  and  work  on  behavioural 
change  strategies  in  the  sector  on  the  basis  of  various  activities,  ranging  for 
awareness  raising  campaigns  to  the  production  of  guidelines  for  the  casting 
process. 

  Short description of activities: Equity activities aimed at tackling discrimination 
and harassment involve three main areas/strands of work: 1) the campaign 'I can 
act  but  I  won't  pretend';  2)  the  Manifesto  for  Casting;  and  3)  the  Agenda  for 
Change strategy.  

  Short description of results and impact: Raising awareness on the issues of 
harassment  and  abusive  behaviour  is  the  main  outcome  of  the  campaigns  and 
dissemination work of the union. The ultimate ‘hard outcome’ of the overall work 
carried  out  by  the  trade  union  included  the  inclusion  of  clauses  relating  to 
discrimination  and  harassment  in  collective  agreements  and  in  workplace 
guidelines.  The  union  has  also  provided  evidence  to  Government  Committees 
working on the revision of regulations on workplace harassment, thus having the 
potential to inform policy at the national level  

6.21.2  Introduction 

Equity UK is the main independent trade union in the entertainment industry in the UK, 
with  approximately  45,000  members  as  performers  and  creatives.349  The  industry 
includes  the  two  sub-sectors  of  life  performance  (e.g.  theatre,  clubs)  and  recorded 
media  (e.g.  broadcasting,  filming).  The  union  works  to  improve  the  working  lives  of 
members  and  represent  their  interests  at  local,  national  and international  level.    The 
union works to negotiate with employers, organise workplaces, set minimum pay levels, 

349 https://www.equity.org.uk/at-work/ 

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lobby  government  departments  and  ministers,  campaign,  take  up  legal  claims  and 
provide a range of benefits for members. 

Equity has a long-lasting tradition of working on topics such as sexual harassment and 
antidiscrimination  on  the  grounds  of  sexual  orientation  and  gender  identity.  The 
practices identified as part of this study and the active work of Equity on the topics of 
harassment and discrimination have been driven by the peculiar nature  of the  sector 
where  acceptance  of  discrimination,  harassment  or  other  inappropriate behaviour  is 
considered as ‘the price to pay’ to enter the world of entertainment and pursue a career.  

It was reported that, compared to other sectors, in the entertainment sector there is a 
much  higher 
level  of  acceptance  of  discrimination,  harassment  and  other 
inappropriate behaviour towards all groups including LGBT, women and men in general. 
Performers and actors are either advised not to disclose their sexual orientation and/or 
accept discrimination, harassment and other inappropriate behaviour as features deeply 
ingrained  in  the  sector.  Therefore,  behaviour  associated  with  harassment  and 
discriminatory language is deep-rooted in the culture  of the sector and have become 
common practice leading to  extremely low levels of awareness amongst workers and 
high acceptance from the industry.  

The figure below shows a statement from the campaign ‘I can act, but I won’t pretend’ 
on the issue of harassment in the sector.  

Figure 67. ‘I can act, but I won’t pretend’ campaign, statement on broad cultural issues 

affecting the sector  

In  addition,  a  surplus  of  labour  supply  in  this  sector  means  also  that  workers  feel 
compelled  and  under  pressure  to  accept  discrimination  and  harassment  in  order  to 
secure a job (e.g. a role, a gig, etc.) and/or stay employed.  

Therefore,  the  key  priority  for  Equity  in  this  area  is  to  prompt  cultural  changes  by 
recognising abusive behaviour and reporting it more widely.  

A  world-wile  survey  from  FIA  (International  Federation  of  Actors)  on  LGBT  actors 
reported that one in 10 respondents have experienced recent incidents of harassment 

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and discrimination. The discrimination is more likely to occur during the initial casting 
process;  on  average,  there  were  more  than  three  times  as  many  who  reported  such 
incidents during the hiring process than after. FIA clearly reports that there is an issue 
of employment discrimination against LGBT performers worldwide.350  

Harassment  and  discrimination  on  the  ground  of  sexual  orientation  is  a  topic  closely 
entwined with other grounds of discrimination (e.g. gender and race discrimination) and 
lack  of  equal  opportunities  mainly  at  the  entry  level.  Harassment  and  discrimination 
towards minority groups was reported as part of a general culture in the sector which, 
ultimately,  aims  at  undermining  the  working  conditions  and  reduce  protection  for  all 
workers.  Therefore,  the  activities  that  Equity  implements  on  harassment  and 
discrimination are part of its overall work aimed at creating a level playing field for all 
workers in the sector and improving the working conditions and employment protection 
for all. 

6.21.3  Focus of the practice 

Equity addresses the issue of discrimination on all grounds in three main areas/strands 
of work:  

  The campaign ‘I can act but I won’t pretend’ 

  The Manifesto for Casting 

  The Agenda for Change strategy 

The campaign ‘I can act but I won’t pretend’351 was launched in 2016 and specifically 
focused on the issue of discrimination on the ground of sexual orientation. The objective 
of the campaign was to primarily bring about cultural change in the sector by raising 
awareness  among  workers  of  behaviour  associated  with  harassment  and  encourage 
them to report such incidents. The campaign focused on the LGBT community and used 
high-profile people in the industry to support workers coming out and denounce abusive 
behaviour.  

Figure 68. ‘I can act, but I won’t pretend’ campaign, statement in support of coming out 

and report abusive behaviour 

350 FIA (2016) Preliminary survey results on discrimination of LGBT performers  
351 https://www.equity.org.uk/media/1805/i-wont-pretend-campaign.pdf  

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In 2017, Equity launched its Manifesto for Casting352 which provides guidelines to make 
the casting process more inclusive and fairer for everyone. The Manifesto addresses all 
grounds of discrimination and denounces the fact that common practices in the casting 
processes  lead  to  a  systematic  exclusion  of  some  groups  (e.g.  groups  from  ethnical 
minorities). For example, in the phase of casting preparation, the Manifesto’s guidelines 
provide the following advice:  

  Job  advertisements  -  Where  roles  are  advertised,  the  casting  breakdown 

should be presented in the most inclusive way possible; 

  Inclusive casting - A diverse range of performers should be auditioned for every 
production, including voice-only performances. Greater consideration should be 
given to specific characteristics for any given role; 

  Local talent - Consideration should be given to professional talent from where 

the production is made; 

  Access  -  The  building  where  auditions  are  held  should  be  accessible  and 

reasonable adjustments;  

  (a  legal  requirement)  should  be  made  to  the  audition  process  to  ensure  all 

performers can participate. 

In 2018, Equity launched the Agenda for Change353 which focusses on the issue of sexual 
harassment. To this end, the Agenda states that ‘Equity is taking a lead in creating the 
culture shift that is the proper response to the tide of horrifying revelations of sexual 
harassment.’ The objective of the Agenda for Change is to induce cultural shift in the 
sector and encourage employers to introduce guidelines to combat sexual harassment. 
As  the  Agenda  report  states:  ‘The  wider  demand  in  this  report  is  of  those  who  hold 
position of authority and manage the industry. We are asking engagers, agents, casting 
directors and boards to have and enforce proper codes of conduct’. 

One  staff  member  is  responsible  for  the  work  of  the  three  strands  discussed  above. 
There is not a specific budget allocation; rather, when the decision to develop a strand 
of work is made within the union, this is financed as part of the regular union activities.  
As such, Equity’s work towards fighting discrimination and harassment is embedded in 
the workload of the organisation. The bulk of the financial resources are taken by the 
budget  dedicated  to  the  communication  activities  of  the  trade  union.  The  personnel 
involved  in  the  communication  tasks  for  these  strands  comes  from  the  union’s 
communication team.  

6.21.4  Activities implemented 

In the three areas of work: the campaign ‘I can act but I won’t pretend’, the Manifesto 
for Casting, the Agenda for Change, Equity UK has implemented a range of activities. 
These include: 

  High-profile events dedicated to the launch of strategies and campaigns; 

  Awareness-raising  activities,  dissemination  campaigns  and  distribution  of 
relevant documentation amongst members through the Equity magazine, social 
media and branch meetings; 

  Social media campaigns to maintain a high profile of the union’s activities in the 
field of equality and non-discrimination and raise awareness amongst members 
and workers, also in sectors not covered by collective agreements;   

352 https://www.equity.org.uk/getting-involved/campaigns/manifesto-for-casting/ 
353 https://www.equity.org.uk/media/1263/agenda-for-change.pdf  

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  Concerted union effort to embed standards in industrial agreements. In relation 
to the Manifesto for Casting, clauses on harassment and non-discrimination have 
been  embedded  in  industrial  agreements.  The  principles  in  the  Manifesto  for 
Casting  provide  common  standards  that  have  been  embedded  in  industrial 
agreements in the sectors of life performance (e.g. theatre, clubs) and recorded 
media (e.g. broadcasting);  

  In sectors not covered by collective agreements workers who report cases to the 
unions are the only entry point to companies. In this instance, reported cases of 
discrimination  and  harassment  are  used  by  Equity  to  negotiate  with  offending 
companies  the  implementation  of  company  guidelines  and  workplace  good 
practices.  Equity  has  ongoing  cases  where  negotiations  with  employers  not 
covered by collective agreements have led to changes in workplace practices in 
terms  of  the  casting  process.  However,  since  the  sector  is  very  dispersed  and 
many  employers  are  not  covered  by  collective  agreements,  this  is  an  ongoing 
and long-term process;  

  Dissemination of the trade union work and periodic meetings with members in 
trade unions branches are used to highlight policies and successful cases where 
reporting of discrimination and harassment incidents has led to changes in the 
workplace;  

  Dissemination  campaigns  on  the  issues  of  discrimination  and  harassment  and 
signposting  of  support  available  through  social  media  and  the  trade  union 
newsletter. 

Figure 69. Equity post on Facebook page to disseminate drop-in sessions for members 

Another  activity  which  part  of  the  Equity  strategy  is  the  Manifesto  for  Casting  which 
focusses on the casting and recruitment process and is closely linked to the Agenda for 
change. Both, the Manifesto for Casting and the Agenda for Change tackle harassment 
and abuse in the workplace and inform reporting procedures (e.g. trade union dedicated 
number, local contact points) available within the trade union to expose abuse and act 
upon.  

As  part  of  the  Agenda  for  change  strategy,  Equity  has  implemented  and  is  currently 
implementing a number of activities:  

  Reviewing  internal  procedures  on  how  to  deal  with  allegations  of  bullying, 

harassment and sexual harassment;  

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  Providing internal training for staff on how to deal with these issues and on how 

to report cases of discrimination and harassment; 

  Implemented  an  Equity  helpline  as  the  first  point  of  contact  for  members  who 
have  concerns  on  bullying,  sexual  harassment  and  mental  health.  One  staff 
member has been taken on to advice on improvements to the helpline; 

  An awareness-raising campaign targeting members will be organised with a step-
by-step  guide  available  in  various  accessible  formats  (including  a  pocket-sized 
guide) in casting, rehearsal and performance spaces. The guide will clarify what 
constitutes  unacceptable  behaviour  and  signpost  available  help  and  advice  in 
cases of harassment; 

  The union aims to include in industrial agreements references to engagers’ own 
policies on dignity and respect at work and include the principles of the Manifesto 
for Casting.  

The figure below provides an example of a recent post on Equity UK’s Facebook page 
on dissemination work carried out by the union. 

Figure 70. Facebook post on Equity page  

6.21.5  Partnership 

To implement these strands of work Equity works in cooperation with several partners. 
These  include  the  sister  unions  in  the  sector,  while  the  union  is  also  member  of  the 
Federation of Entertainment Unions (FEU). Unions in similar sectors face common issues 
(e.g. temporary work, low wages, high levels of abusive behaviour); therefore, many 
areas of work overlap and there is an ongoing cooperation which also include activities 
to fight harassment and discrimination in the workplace.  

An important area of work where the union has significant collaboration is the monitoring 
of the sector’s workforce. The fragmented nature of the sector and the specific type of 
working  relations  (e.g.  high  levels  agency  work,  temporary  work,  self-employment) 
means that a large part of the workforce cannot be easily tracked. The main impact of 
these  types  of  working  relations  is  that  workers  are  more  vulnerable  than  in  other 
sectors,  more  exposed  to  possible  harassment  and  less  likely  to  report  cases  of 
harassment, bullying and discrimination.  

Specific collaboration with other trade unions of FEU in relation to the three strands of 
work  discussed  in  this  case  study  include,  for  example,  the  identification  of  topics  in 
relation  to  discrimination  and  harassment  for  the  awareness  raising  campaigns,  their 
target groups and the main messages for wide dissemination.  

6.21.6  Impact of the practice 

As  part  of  the  Agenda  for  Change,  the  union  is  currently  working  with  a  number  of 
bodies at national level. For example, the UK Government is currently reviewing the law 
on sexual harassment and the union has provided evidence to its Women and Equality 
Committee.  

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Still  in  the  context  of  the  Agenda  for  Change  strategy,  across  the  performance  and 
media sector, the trade union has worked with employers’ organisations not covered by 
collective agreements to raise awareness and embed good practices and guidelines in 
their  internal  policies.  An  important  entry  point  are  workers  who  report  cases  to  the 
unions and through these case workers the union tries to collaborate with the employers 
to raise awareness and introduce guidelines in workplace practices.   

Although,  there  has  not  been  a  structured  evaluation  of  the  three  strands  the 
interviewee believed that across the union through social media campaigns, meetings 
at  local  branches  and  the  union  newsletter  the  attention  on  these  issues  and  the 
available support has been kept high.  

One  of  the  main  long-term  benefits  identified  by  the  union  related  to  the  greater 
awareness that its work is raising on the issues faced in the sector, specifically the high 
levels of harassment and its negative impact on all aspects of entertainment work. For 
example, it was reported that people are more aware of the vulnerability of the workers 
in  the  sector  and  the  impact  of  discrimination  on  other  employment  practices  (i.e. 
workers in vulnerable position are more likely not to report harassment and to accept 
less favourable working conditions). 

6.21.7  Success factors 

One  of  the  success  factors  identified  was  the  fact  that  these  strands  of  the  union’s 
activity in relation to discrimination and harassment are  embedded  within the overall 
work  of the trade union. As  was pointed out, ‘therefore there is not a  budget that at 
some point will end, it is a matter of identifying where the priority areas are and make 
it happen as part of the overall union activities.  

Other critical factors identified as essential for driving these types of activities are the 
prioritisation  of  these  issues  from  the  trade  union,  understanding  of  the  specific 
challenges faced by the sector and its negative impact on the workers. 

6.21.8  Hindering factors and areas for improvement  

No  hindering  factors  were  identified  in  relation  to  implementing  the  practices.  It  was 
reported that embedding the policy within the overall work of the union meant that all 
policy areas were given the same attention. 

6.21.9  Transferable elements of the practice 

One of the transferable elements identified was the way the Agenda for Change strategy 
was embedded within the other policy areas of the union and integrated with all other 
strands of work. This was possible, in the first place, as it was recognised by the union 
that discrimination and harassment have an adverse impact on other ‘more traditional’ 
areas of work of trade unions such as wages and working conditions in general. As was 
stressed,  ‘we  cannot  continue  thinking  that  the  issues  of  harassment  and  abusive 
behaviour are separated from other areas of work, as discrimination has a cascade effect 
which impact on all aspects of work such as pay’.  

The interviewee reported that the way in which unions have identified the policies and 
embedded standards into collective agreements and encourage employers not covered 
by collective agreements to integrate good practices into their policies is, ultimately, the 
most  transferable  element  of  the  practices  presented  here.  As  was  pointed  out,  ‘you 
work  with  key  employers  covered  by  collective  agreements  and  then  you  work  with 
those not covered to adopt could practices as a cascade effect. The key thing is to work 
strategically within the framework of the collective agreement, but then you use those 
frameworks to encourage employers outside the framework’.  

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HOW TO OBTAIN EU PUBLICATIONS 

Free publications: 

  one copy: 

via EU Bookshop (http://bookshop.europa.eu); 

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from the European Union’s representations (http://ec.europa.eu/represent_en.htm); 
from the delegations in non-EU countries 
(http://eeas.europa.eu/delegations/index_en.htm); 
by contacting the Europe Direct service 
(http://europa.eu/europedirect/index_en.htm) or calling 00 800 6 7 8 9 10 11 
(freephone number from anywhere in the EU) (*). 

The information given is free, as are most calls (though some operators, phone boxes or hotels 

(*) 
may charge you). 

Priced publications: 

  via EU Bookshop (http://bookshop.europa.eu).