Diversity at work
Everyone has rights
An initiative of the European Union
SUMMARY
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What is discrimination?
What is unfavourable treatment?
Do you know the law?
What the law says
Disability and the law
How do you recognise discrimination?
Making a complaint
The burden of proof
What do you think?
What can you do?
Where can you go?
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An initiative of the European Union
What is discrimination?
Discrimination is treating somebody
unfavourably because of:
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Their racial or ethnic origin
Their age
A disability
Their religion or other beliefs
Their sexual orientation.
If a job ad says No disabled people need apply or
No blacks, that is obviously direct discrimination.
But a ban on wearing hats at work could be
indirect discrimination against some religions.
Unless it’s for safety reasons, for instance.
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An initiative of the European Union
What is unfavourable treatment?
At work, treatment amounting
to discrimination may involve:
– Unjustly denying somebody a job
– Unjustly denying somebody promotion or a job transfer
– Harassment – intimidating a person, being hostile to them,
or treating them in a degrading or humiliating way just
because they are seen as different. Harassment isn’t
necessarily spectacular. Constant degrading jokes or
gossip about somebody can be demeaning.
– Victimisation - treating someone badly or differently
for making a complaint about discrimination or supporting
a colleague who has made a complaint.
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An initiative of the European Union
Do you know the law?
– The EU’s Member States have unanimously
empowered it to “take appropriate action to
combat discrimination based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation.”
– European directives have become part of national law in order to
protect every employee in the EU against discrimination at work.
– But according to a recent survey, only one-third of people in Europe
know that they are protected by EU anti-discrimination law.
– And yet, the same survey found that 15% of respondents have
suffered discrimination or harassment in last 12 months and 29%
have witnessed discrimination.
– Two EU directives have helped to shape anti-discrimination law…
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An initiative of the European Union
What the law says
The Racial Equality Directive
– insists on equal treatment regardless of racial
or ethnic origin
– protects against discrimination in employment, training,
education, social security, healthcare and access to goods
and services
– defines discrimination, harassment and victimisation
– gives victims the right to make a complaint through
the courts or administrations, and provides penalties
for those who discriminate
– shares the burden of proof between both sides in a case
– provides for an organisation in each EU country to promote
equal treatment and give independent help to race
discrimination victims.
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An initiative of the European Union
What the law says
The Employment Equality Directive
– insists on equal treatment in employment and
training regardless of religion or belief, disability,
sexual orientation or age
– defines discrimination, rights of legal redress and the sharing
of the burden of proof in the same way as the Racial Equality
Directive
– requires employers to take reasonable steps to cater for the
needs of a person with a disability who is qualified to do a job
– allows for limited exceptions to the principle of equal
treatment, for example in religious organisations or for special
schemes to promote employment of older or younger workers.
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An initiative of the European Union
Disability and the law
– People with a disability are not necessarily
less able to work. They may possess other
skills and abilities that are very useful.
We all have our strengths and weaknesses.
– But they do often need some adaptation of their workplaces.
That is why accommodating their needs is compulsory under
the Employment Equality Directive.
– Employers throughout the EU are required to take whatever
steps are “reasonable” to enable people with disabilities
to work, advance in their careers and participate in
training, as long as this does not involve excessive
financial and other costs.
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An initiative of the European Union
How do you recognise discrimination?
Open discrimination:
– Particular ethnic groups are given certain
tasks but not others.
– People with disabilities are automatically rejected
without trying to make adjustments for their needs.
– Anyone who is “different” (for example, because of their
religion or sexual orientation) is denied their rights or even
a job in the first place. And certain rules or ways of doing
things serve to exclude particular groups of people.
– Particular groups are stereotyped. The expectation is created
that they will perform poorly. This atmosphere may negatively
affect their work abilities.
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An initiative of the European Union
How do you recognise discrimination?
Disguised discrimination:
– Spreading false rumours that serve
to discredit another employee.
– Making derogatory or offensive remarks
about work colleagues.
– Sexual innuendo about a colleague in his or her presence.
– Making jokes about particular groups of people - for example,
religious groups, gays and lesbians, or an ethnic group.
– Engaging in physical abuse – slapping, hitting etc. –
or threatening violence.
– Making life difficult for someone who complains about the way
they are being treated or who supports the victim.
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An initiative of the European Union
Making a complaint
Each EU country decides whether
complaints are to be handled by:
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the criminal justice system
the civil courts
administrative arrangements such as tribunals
conciliation, through which cases of unfair treatment
can be discussed and sorted out voluntarily.
Governments must ensure that people bringing
complaints have the right to be supported and
represented by their trade union or by specialist
associations or organisations.
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An initiative of the European Union
The burden of proof
Sharing the burden of proof
means in practice that:
– The person making the complaint must first show that
the facts are consistent with discrimination, so that there is
a case to answer. For example, a case could be a company
where all employees from a particular ethnic group receive
salaries that are lower than those from other groups.
– The person accused of discrimination then has to demonstrate
that they did not act unfairly and that there was a legitimate
reason for what they did. For example, the company could
respond that employees from this particular ethnic group work
in lower skilled jobs or work part-time and therefore earn less
than their colleagues.
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An initiative of the European Union
The burden of proof
So, in this phase it is up to the accused person
to prove that they did not behave in
a discriminatory way.
This is because somebody who has been
discriminated against will usually not be able
to provide conclusive proof.
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An initiative of the European Union
What do you think?
A translation company insists that all those
applying for jobs as translators must have driving
licences, as there is an occasional need to deliver or
collect work from clients.
Is this discrimination?
Answer: Yes, as this requirement would bar some people with
disabilities from applying. Since driving is not a core requirement
for doing the job, the company is effectively discriminating against
people with disabilities - unless it can show that there is
an objective and justifiable reason for the ban.
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An initiative of the European Union
What do you think?
A man in his 60s works with a team of colleagues
in their 20s and 30s. The team, including the manager,
often go out socialising but don’t ask the older man along.
He finds out that they discuss work issues during these outings,
and he feels left out.
Is this discrimination?
Answer: Yes, as the man is being unfairly excluded from
discussions about work because of his age. The manager should
find other opportunities to discuss work issues with the whole
team, during working hours.
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An initiative of the European Union
What do you think?
A woman applies for a job with a catering firm.
She is turned down, on the grounds that the company
is only hiring people who have a formal catering qualification.
Afterwards, she finds out that a friend who has no qualifications
but has a different skin colour, and was interviewed after her,
has been offered the job.
Is this discrimination?
Answer: Probably yes. Discrimination on the grounds of race or
ethnic origin is illegal throughout the EU, including in employment.
The circumstances suggest there is a case to answer here. It would
be up to the employer to prove otherwise.
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An initiative of the European Union
What do you think?
A young woman works for an IT company.
She takes on more and more responsibility but her
manager refuses to promote her, as he says she is too young and
would not command the respect of other members of the team.
Is this discrimination?
Answer: Yes, because he has clearly stated that her age is
the reason for refusing her promotion. Discrimination at work
on the grounds of age is illegal throughout the EU. If the woman
is able to take on more responsibility, she should be promoted
regardless of her age.
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An initiative of the European Union
What do you think?
A man works in a bar. His colleagues perceive him
as being gay and constantly make remarks and jokes
about his sexual preferences.
Is this discrimination?
Answer: Yes. Making jokes and derogatory comments at work
about somebody’s sexual orientation is unfair and constitutes
harassment. This would create an atmosphere in which the man
would find it difficult to work effectively, and might even push
him into resigning from his job. Discrimination on the grounds
of somebody’s sexual orientation is illegal throughout the EU,
under the Employment Equality Directive.
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An initiative of the European Union
What can you do?
Think about your
own behaviour and attitudes:
– Do you join in discriminatory behaviour,
even if you disapprove?
– Do you help create a climate of respect by your own efforts?
– Do you tell other people at work why you disapprove of
discrimination or harassment?
– Are you willing to learn about other cultures and perspectives?
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An initiative of the European Union
What can you do?
Support victims and help them
deal with the problem:
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Help them seek legal or other advice.
Help them to confront the perpetrators.
Help them raise the issue with the employer.
Provide emotional support – discrimination is stressful
for the victim.
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An initiative of the European Union
What can you do?
Ask for training to develop
your own knowledge about:
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How to recognise discrimination.
What the law says.
What is acceptable and unacceptable behaviour.
How to deal with examples of discrimination and harassment.
Help the management of your workplace to:
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Establish non-discrimination policies and practices.
Provide a model of good leadership.
Deal with discrimination when it occurs.
Establish a transparent complaints process.
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An initiative of the European Union
Where can you go?
For help and advice contact your national equality body:
UK
Equality and
Human Rights Commission
www.equalityhumanrights.com
Helplines: England 0845 604 6610
Scotland 0845 6 04 5510
Wales 0845 604 8810
Equality Commission
for Northern Ireland
www.equalityni.org
Enquiry line: 028 90 890 890
Ireland
Irish Equality Authority
www.equality.ie
Helpline: 1890 245 545
Malta
National Commission for
the Promotion of Equality
www.equality.gov.mt
Tel: 2590 3850
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An initiative of the European Union
Where can you go?
‘For Diversity. Against Discrimination.’
EU information campaign
www.stop-discrimination.info/
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An initiative of the European Union
This presentation has been produced as part of the EU-wide
‘For Diversity. Against Discrimination.’ information campaign.
Organised by the European Commission's Directorate General for
Employment, Social Affairs and Equal Opportunities, the campaign
aims to raise awareness of discrimination and the EU laws which
exist to combat it, and to promote the benefits of diversity.
© European Commission/JPH Woodland; Getty Images; corbis; van beek images; iStockphoto