Equality Directive 2000

Last updated

Directive 2000/78/EC
European Union directive
Flag of Europe.svg
TitleCouncil directive establishing a general framework for equal treatment in employment and occupation
Made by Council
Made underArt. 13 TEC
Journal reference L303 2 December 2000 pp. 16–22
History
Date made27 November 2000
Entry into force2 December 2000
Implementation date2 December 2003
Current legislation

The Equality Framework Directive 2000/78/EC is an EU Directive, and a major part of EU labour law which aims to combat discrimination on grounds of disability, sexual orientation, religion or belief and age in the workplace. It accompanies the Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin and the Directive 2006/54/EC on equal treatment of men and women in matters of employment and occupation.

Contents

Background

Since the Treaty of Amsterdam came into force in 1999, new EU laws, or Directives, have been enacted in the area of anti-discrimination. [1] The Directive entered into force on 2 December 2000 and gave member states three years to transpose the Directive into law, with an additional three years for legislation in the area of age and disability.

Exemptions

There were two exemptions to Article 15 concerning Northern Ireland agreed during the negotiations specifically to ensure that the Police Service of Northern Ireland can take positive action to recruit both Catholic and Protestant officers (following the reforms suggested by the Independent Commission on Policing for Northern Ireland). [2]

1. To tackle the under-representation of one of the major religious communities in the police service of Northern Ireland, differences in treatment regarding recruitment into that service, including its support staff, shall not constitute discrimination insofar as those differences in treatment are expressly authorised by national legislation. 2. To maintain a balance of opportunity in employment for teachers in Northern Ireland while furthering the reconciliation of historical divisions between the major religious communities there, the provisions on religion or belief in this Directive shall not apply to the recruitment of teachers in schools in Northern Ireland in so far as this is expressly authorised by national legislation.

Implementation

The Directive is currently implemented in England, Wales and Scotland through the Equality Act 2010 (initially by the Employment Equality (Sexual Orientation) Regulations 2003 and Employment Equality (Sexual Orientation) Regulations 2003), and in Northern Ireland through the various Fair Employment and Treatment Orders).

Germany implemented the directive by creation of its General Act on Equal Treatment, Allgemeines Gleichbehandlungsgesetz (AGG).

See also

Related Research Articles

<span class="mw-page-title-main">Disability Discrimination Act 1995</span> United Kingdom legislation

The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.

<span class="mw-page-title-main">Anti-discrimination law</span> Legislation designed to prevent discrimination against particular groups of people

Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.

United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.

<span class="mw-page-title-main">Race and Ethnicity Equality Directive 2000</span>

The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam came into force in 1999, new EC laws, or Directives, have been enacted in the area of anti-discrimination, and this directive complements other directives on gender and age, disability, religion and sexual orientation.

<span class="mw-page-title-main">Equality Act 2006</span> United Kingdom legislation

The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands. Those explicitly mentioned by the Equality Act 2006 include age; disability; sex; proposed, commenced or completed gender reassignment; race; religion or belief and sexual orientation. The changes it made were:

<span class="mw-page-title-main">Employment Equality (Sexual Orientation) Regulations 2003</span> United Kingdom legislation

The Employment Equality Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age.

<span class="mw-page-title-main">Equality Act 2010</span> UK law

The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.

United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies. As a result of judge made law and absence of statutory protection, agency workers have more flexible pay and working conditions than permanent staff covered under the Employment Rights Act 1996.

<span class="mw-page-title-main">Agency Workers Regulations 2010</span> United Kingdom statutory instrument in labour law

The Agency Workers Regulations 2010 are a statutory instrument forming part of United Kingdom labour law. They aim to combat discrimination against people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full-time counterparts who undertake the same work. It gives effect in UK law to the European Union's Temporary and Agency Workers Directive.

<span class="mw-page-title-main">Equality Commission for Northern Ireland</span>

The Equality Commission for Northern Ireland is a non-departmental public body in Northern Ireland established under the Northern Ireland Act 1998. "The Commission is responsible for implementing the legislation on sex discrimination and equal pay, race relations, sexual orientation, age, religious or similar philosophical belief, political opinion and disability. The Commission’s remit also includes overseeing the statutory duties on public authorities to promote equality of opportunity and good relations under Section 75 of the Northern Ireland Act 1998."

<span class="mw-page-title-main">Employment Equality (Religion or Belief) Regulations 2003</span> United Kingdom legislation

The Employment Equality Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief. They were introduced in order to comply with the European Union Directive 2000/78/EC and complement similar measures on sexuality, age, disability, race and gender discrimination. The EU Directive in turn is similar to legislation passed in the United States.

Palacios de la Villa v Cortefiel Servicios SA [2007] IRLR 989 is European Union law case, concerning age discrimination law.

Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.

European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.

Employment discrimination law in the European Union comprises two directives. The directives were agreed by all EU member states in 2000. Each member state was then obliged to incorporate these new laws into their national legislation. The European Parliament Committee on Employment and Social Affairs is responsible for oversight.

Mangold v Helm (2005) C-144/04 was a case before the European Court of Justice (ECJ) about age discrimination in employment.

<i>Majrowski v Guys and St Thomas NHS Trust</i>

Majrowski v Guy's and St Thomas' NHS Trust [2006] UKHL 34 is a UK labour law case holding that an employer will be vicariously liable for the harassment of an employee by another.

<span class="mw-page-title-main">LGBTQ rights in the European Union</span>

The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage, and adoption by same-sex couples.

NH v Associazione Avvocatura per i diritti LGBTI – Rete Lenford case is a 2020 case of the Court of Justice of the European Union that provides insights into the application of Directive 2000/78 in addressing homophobic speech in employment. While affirming established principles, the Court’s ruling also highlights the complexities of balancing freedom of expression with the protection of LGBT individuals from discrimination.

References

  1. Belavusau, Uladzislau; Henrard, Kristin, eds. (2020). EU Anti-Discrimination Law Beyond Gender. Hart. p. 10. ISBN   978-1-5099-3868-1.
  2. Ellis, Evelyn; Watson, Philippa (2012). EU anti-discrimination law. Oxford EU Law Library (2nd ed.). Oxford University Press. pp. 418–419. ISBN   978-0-19-969846-2.

Further reading