Equal treatment irrespective of racial or ethnic origin

KEY POINTS

• This directive is based on the principle of equal treatment between persons. It forbids both direct¹ and indirect² discrimination, harassment³, instructions to discriminate and victimisation⁴.
• The directive applies to all people and to all sectors of activity, regarding:
  • access to employment;
  • working conditions, including promotions, pay and dismissals;
  • access to vocational training;
  • involvement in workers’ or employers’ organisations, and in any professional organisation;
  • education;
  • access to social protection and to healthcare;
  • social advantages;
  • access to and the supply of goods and services available to the public, including housing.
• The directive applies to non-EU nationals but does not cover difference of treatment based on nationality or the conditions of entry and residence for citizens from non-EU countries.

Derogations from the principle of equal treatment

• In the field of employment, a derogation may be authorised where race or ethnic origin constitutes a genuine professional requirement. This derogation must be justifiable by the nature of the activity and the conditions under which it is exercised. It must be legitimate and proportionate.
• The directive allows positive action, namely national measures aimed at preventing or compensating for disadvantages connected with race or ethnic origin.

Remedies and enforcement

• Anyone who believes themselves to be a victim of discrimination on the grounds of racial or ethnic origin must have access to judicial and/or administrative proceedings. Associations or other interested legal persons may also undertake proceedings either on behalf of or in support of the complainant.

The victim of discrimination only needs to establish a presumption of discrimination, after which it is for the respondent to prove that there has been no discrimination.

Social dialogue and civil dialogue

• The social partners ensure the promotion of equal treatment, specifically by monitoring practices in the workplace, producing codes of conduct and concluding collective agreements. More generally, the directive encourages the conclusion of agreements establishing non-discrimination rules in the fields that fall within the scope of collective bargaining.
• Civil dialogue with the civil-society organisations concerned is also encouraged.

Bodies for the promotion of equality

Amending Directive (EU) 2024/1499 clarifies the role of bodies designated at the national level to promote equal treatment and combat discrimination (equality bodies). It lays down minimum requirements that EU Member States must implement with regard to the role and operation of these bodies, including how they should assist victims after receiving their complaint. These bodies must:

• be independent in terms of their legal structure, accountability, budget, staffing and organisational matters;
• be provided with sufficient resources to carry out all their tasks and to exercise their responsibilities effectively;
• be able to investigate possible cases of discrimination and either issue a non-binding opinion or adopt a binding decision;
• be regularly consulted by government and other public institutions on legislation and policies with equality and non-discrimination aspects;
• collect data on their own activities;
• plan and publicly report on their work and on the state of equal treatment and non-discrimination on a regular basis.

Under amending Directive (EU) 2024/1499, Member States must also:

• introduce rules allowing for the possibility of the out-of-court settlement of disputes;
• ensure that equality bodies have the right to act in civil and administrative law matters concerning the implementation of the principle of equal treatment;
• ensure that equality bodies provide their services at no cost to complainants throughout their territory, including in rural and remote areas;
• require equality bodies to guarantee accessibility and provide reasonable accommodations for individuals with disabilities regarding all their services and activities.

Recommendation

Building on Directive 2000/43/EC and the European Commission’s 2020 communication setting out the EU Roma strategic framework, the Council of the European Union adopted, in 2021, a recommendation committing the Member States to fighting discrimination against Roma people and to promoting their inclusion in the areas of education, employment, health and housing.

The recommendation replaces a previous one adopted in 2013.