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THE NEW LEGAL FRAMEWORK KEY CONCEPTS UNDERLYING THE EU DIRECTIVES AND PROGRESS TOWARDS IMPLEMENTATION
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NEW POWERS TO FIGHT DISCRIMINATION Article 13 “ action to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation”
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EU ANTI-DISCRIMINATION DIRECTIVES RACIAL EQUALITY DIRECTIVE PROHIBITS DISCRIMINATION IN: EMPLOYMENT EDUCATION SOCIAL PROTECTION SOCIAL ADVANTAGES GOODS AND SERVICES
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EU ANTI DISCRIMINATION DIRECTIVES EMPLOYMENT EQUALITY DIRECTIVE PROHIBITS DISCRIMINATION IN EMPLOYMENT ON GROUNDS OF: SEXUAL ORIENTATION RELIGION OR BELIEF DISABILITY AGE
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DEFINITIONS OF DISCRIMINATION DIRECT DISCRIMINATION INDIRECT DISCRIMINATION HARASSMENT INSTRUCTIONS TO DISCRIMINATE VICTIMISATION
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DEFINITION OF HARASSMENT A FORM OF DISCRIMINATION UNWANTED CONDUCT BASED ON A GROUND OF DISCRIMINATION(RACE, GENDER, SEXUAL ORIENTATION,RELIGION, DISABILITY, AGE)
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DEFINITION OF HARASSMENT UNWANTED CONDUCT THAT TAKES PLACE WITH THE PURPOSE OR EFFECT OF VIOLATING THE DIGNITY OF A PERSON AND OF CREATING AN INTIMIDATING, HOSTILE, DEGRADING, HUMILIATING OR OFFENSIVE ENVIRONMENT’
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WHO IS COVERED? EVERYONE INCLUDING THIRD COUNTRY NATIONALS ALL EMPLOYERS PUBLIC AND PRIVATE SECTOR SMALL AND LARGE GLOBAL COMPANIES
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DISABILITY DISCRIMINATION EMPLOYERS HAVE TO MAKE ‘REASONABLE ACCOMODATION TO ENABLE PEOPLE WITH DISABILITIES TO HAVE ACCESS TO, PARTICIPATE IN OR ADVANCE IN EMPLOYMENT OR TO UNDER GO TRAINING’
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AGE DISCRIMINATION STEROTYPICAL ASSUMPTIONS ABOUT YOUNGER OR OLDER PEOPLE’S ABILITIES AGE RELATED PAY AWARDS/SCALES COMPULSORY RETIREMENT AGES
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EXCEPTIONS GENUINE OCCUPATIONAL REQUIREMENTS ETHOS BASED ORGANISATIONS POSITIVE ACTION (NOT POSITIVE DISCRIMINATION)
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SHARING THE BURDEN OF PROOF IN DISCRIMINATION CASES COMPLAINANT PRODUCES CLEAR EVIDENCE INDICATING DISCRIMINATION HAS TAKEN PLACE THEN THE EMPLOYER MUST PROVE TO THE COURT/TRIBUNAL/OMBUDSMAN THAT THE REASON FOR THE TREATMENT WAS NOT DISCRIMINATION
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TRANSPOSITION OF EU DIRECTIVES TO NATIONAL LAW THE RACE EQUALITY DIRECTIVE BY 19 TH JULY 2003 EMPLOYMENT EQUALITY DIRECTIVE BY 2 DECEMBER 2003 (DISABILITY & AGE 2006) CANDIDATE COUNTRIES BEFORE ACCESSION
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IMPLICATIONS FOR SWEDEN SWEDEN HAS EXISTING LEGISLATION PROHIBITING DISCRIMINATION IN THE WORKPLACE ON GROUNDS OF: GENDER 1980 ETHNICITY AND RELIGION 1999 SEXUAL ORIENTATION 1999 DISABILITY 1999 BUT GAP=IMPLEMENTATION
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PENALTIES COMPENSATION DAMAGES( BUT INFORMAL LIMIT LOW ?DETERRENT) SETTLEMENTS HIGHER? DAMAGING PUBLICITY(BRAND) PUBLIC CONTRACT CLAUSES-ECONOMIC RISK OF DISCRIMINATION
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IMPACT OF NEW DIRECTIVES CHANGES TO EXISTING LAWS- UPDATING AND MAKING CONSISTENT INCREASING AWARENESS OF RIGHTS- PUBLIC INFORMATION CAMPAIGNS UNIONS MORE ACTIVE IN ROLE AS ENFORCERS ROLE OF NGOS; TARGETTING LARGE TRANS-NATIONAL COMPANIES
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IMPACT OF NEW DIRECTIVES INCREASE IN NUMBER OF CASES IN LABOUR COURTS INCREASING NUMBERS OF SETTLEMENTS EMPLOYERS REVIEWING THEIR EMPLOYMENT POLICIES: RECRUITMENT SELECTION,HARASSMENT ETC POSITIVE COMPLIANCE-THE BUSINESS CASE
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ARTICLE 13.NET - CONTACT US SALLY GRUBB: LEGAL CONSULTANT sallygrubb@managingdiversityassociates.com GRAHAM SHAW article13@diversityandbusiness.com
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