Employment Equality Framework Directive

The Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p 16 ), short- Employment Equality Directive is a Council Directive, the a general framework for equal treatment in employment and occupation shall determine. She is one of the core pieces of the gender equality policy of the European Union.

The source of law

The policy is divided into the following four chapters:

  • Chapter One: General
  • Chapter II: Remedies and enforcement
  • Chapter Three: Specific provisions
  • Chapter Four: Final provisions

A central aspect of this Directive is the obligation of the EU Member States to adhere to the principle of equal treatment. In addition, the terms are indirect discrimination and direct discrimination defined, and cases in which a difference in treatment is justified.

Concrete measures are:

  • Improve the legal protection through enhanced enforcement of claims in the courts or through arbitration procedures
  • The burden of proof in this respect court cases, if the applicant or the applicant can demonstrate that he / she has been discriminated against, directly or indirectly.
  • Protection of Victims of reprisals, especially against dismissal
  • Ensure adequate information of educational and training institutions and establishments of the provisions of the adopted Directive

National transpositions

The implementation had, acc. Article 18, paragraph 1 of the Directive to take place until December 2, 2003. The deadline was extended by three years. In addition, there is an obligation of the Member States, all the information needed to guide the preparation of a report to the European Parliament and the Council on the application of the Directive to the Commission. It also includes, as a minimum, a " non-regression " for the states that have already been set further rules, and demand that national legislation which is contrary to this Directive should be repealed.

Germany

Germany has implemented the directive by the law to implement European Directives implementing the principle of equal treatment of 4 August 2006 ( Federal Law Gazette I p 1897). The most important part of the implementation of the law is the controversial General Equal Treatment Act (AGG ).

Austria

Austria has made this policy, flow into his Federal Act on Equal Treatment ( Equal Treatment Act ), as well as the federal (B- GlBG ) and the country - equality laws for the government as an employer, which apply to all areas of anti-discrimination.

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