Legislation in Fifteen EU Member States Against Sexual Orientation Discrimination in Employment: The Implementation of Directive 2000/78/EC

THE GAYS’ AND LESBIANS’ RIGHTS IN AN ENLARGED EUROPEAN UNION, Anne Weyembergh & Sinziana Cârstocea, eds., Editions de l'Université de Bruxelles, pp. 17-47, 2006

33 Pages Posted: 7 Jul 2009

See all articles by Kees Waaldijk

Kees Waaldijk

Leiden University - Leiden Law School

Date Written: 2006

Abstract

This is a shortened version of the comparative analysis of the final report of the European Group of Experts on Combating Sexual Orientation Discrimination. This group was established in 2002 and funded until 2004 by the Commission of the European Communities under the framework of the Community Action Programme to combat discrimination 2001 - 2006. Its task was to report on the quality of the implementation of the Employment Equality Directive 2000/78/EC in the 15 old member states of the European Union. This chapter concludes that in many (six or more) of these member states there appear to be major implementation problems with respect to: indirect discrimination; material scope of the prohibition of discrimination; occupation requirements and religion based employers; role of interest groups in enforcement procedures; sanctions. However, it also noted various good practices in some member states, including the setting up of specialised equality bodies, and some role in court procedures for interest groups.

Keywords: sexual orientation, anti-discrimination, employment discrimination, European Union, member states, implemtation, directive

JEL Classification: K31, K10

Suggested Citation

Waaldijk, Kees, Legislation in Fifteen EU Member States Against Sexual Orientation Discrimination in Employment: The Implementation of Directive 2000/78/EC (2006). THE GAYS’ AND LESBIANS’ RIGHTS IN AN ENLARGED EUROPEAN UNION, Anne Weyembergh & Sinziana Cârstocea, eds., Editions de l'Université de Bruxelles, pp. 17-47, 2006. Available at SSRN: https://ssrn.com/abstract=1430958

Kees Waaldijk (Contact Author)

Leiden University - Leiden Law School ( email )

PO Box 13228
The Hague, 2501EE
Netherlands

HOME PAGE: http://www.universiteitleiden.nl/en/staffmembers/kees-waaldijk

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