Equal Treatment in Employment: EU Directive Compliance

Posted on Jan 23, 2025 in Law

Equal Treatment in Employment and Occupation

Right to **compensation** for victims of discrimination.
Legal persons (e.g., associations) with a legitimate interest can initiate legal action on behalf of or in support of the applicant, with their authorization.
States must protect all workers against dismissal or other adverse treatment by the employer as a reaction to actions taken to ensure compliance with the principle of **equal treatment (ET)**.

Each state must establish agencies responsible for ensuring compliance with the principle of ET.
These agencies will provide assistance to victims of discrimination, conduct studies and reports, and issue recommendations.

Promotion of social dialogue between social partners to advance ET in collective bargaining.
Development of dialogue between the state and NGOs with a legitimate interest in combating discrimination on grounds of sex.
Employers are encouraged to promote ET in the workplace.
Regular submission of adequate information on compliance with the principle of ET, including statistical data on the proportion of men and women at different levels of the organization and measures taken to improve the situation.

Sanctions for breach of the Directive must be established by state legislation and be effective, proportionate, and dissuasive. This may include compensation for victims.
Each state has the right to maintain or adopt measures more favorable than those of the Directive. There should be no reduction in the level of protection already achieved in Member States.

No interference with the Community Directive on the protection of women, especially for reasons of pregnancy and motherhood.
Right to return to one’s job after a leave period. Discrimination exists if a woman is subjected to less favorable treatment in relation to pregnancy or maternity leave.
Member States may maintain or adopt “positive action” measures (Article 157, paragraph 4) to ensure full equality between men and women.
Measures providing for specific advantages to facilitate the underrepresented sex in pursuing a vocational activity or to prevent or compensate for disadvantages in professional careers are permitted.

No sex discrimination (public and private) in:

**Conditions for access to employment:** Selection criteria and recruitment conditions, as well as promotion criteria in the occupational hierarchy.
**Access to all types and levels of vocational guidance, vocational training, retraining, and work experience.**
**Conditions of employment and work:** Rules governing equal pay and dismissal. For the same work or work of equal value, all aspects and conditions of pay discrimination based on sex must be eliminated. Common criteria for determining salary levels in job classification systems are required.
**Membership and participation in trade unions or business organizations,** or other organizations whose members carry on a particular profession, including the benefits provided by them.

Repeal of all rules contrary to the principle of equal treatment.
Declaration of invalidity of all treaty provisions that violate this principle.
Existence of legal proceedings and/or administrative resources to ensure compliance with the provisions of the Directive. The right to claim exists even after the completion of the employment relationship.
Right to compensation or real and effective remedy for harm caused by the discriminatory measure, “so as to be dissuasive and proportionate to the damage suffered.” As a general rule, there should be no fixed ceiling limit for compensation.