Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive

Abstract

Since 2003 the Employment Equality Directive (2000/78/EC) requires Member States of the European Union to prohibit sexual orientation discrimination in the field of employment. This book assesses to what degree the Directive’s requirements have been met by the twenty-seven Member States. The authors discuss the relevant aspects of EU law and provide a detailed analysis of the quality and conformity of national anti-discrimination legislation aimed at implementing the Employment Equality Directive. In this analysis special attention is paid to the implications of what distinguishes sexual orientation from other forbidden grounds of discrimination. Therefore the book focuses on the various private and public aspects of sexual orientation, such as preference, behaviour, partnership and ‘coming out’. It discusses direct and indirect discrimination, harassment, permissible and impermissible exceptions, sanctions, and the role of interest groups and specialised enforcement bodies. This is done against the background of international human rights law and in relation to the general legal situation with respect to lesbian and gay rights in the twenty-seven countries. The book can be ordered at www.springer.com/law/international/book/978-90-6704-213-0. In part this book is based on the 2004 report "Combating sexual orientation and discrimination in employment: legislation in fifteen EU member states" that was commissioned by the European Commission and edited by the book's authors. That report (including 15 country reports) is online at http://hdl.handle.net/1887/12587, and in French at http://hdl.handle.net/1887/12566.

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