The EU Employment Equality Directive (Directive 2000/78/EC) bans workplace discrimination on four grounds: religion or belief, disability, age, and sexual orientation. It applies to the full employment lifecycle (hiring, pay, promotion, training, working conditions, and dismissal) and covers both public and private employers across all EU member states.
What the directive covers
- Direct discrimination: treating someone less favorably because of a protected characteristic, like rejecting a candidate because of age
- Indirect discrimination: a neutral policy that disadvantages a protected group, like requiring all staff to work Saturdays
- Harassment: unwanted conduct related to a protected ground that creates a hostile environment; effect matters more than intent
- Instruction to discriminate: telling a recruiter to exclude candidates over 40 is itself discrimination
The burden of proof shifts to the employer once the employee establishes facts suggesting discrimination. The European Commission gives member states up-to-date instructions on how to carry them out.
Reasonable accommodation for disability
Employers must take appropriate measures to enable disabled workers to access, participate in, and advance in employment, unless the measures would impose a disproportionate burden. Landmark decisions from the CJEU include:
- Ca Na Negreta (2024): employers must consider reassignment before any disability-related dismissal
- Bervidi (2025): protection extends to employees caring for disabled family members, so inflexible shift patterns may be indirect discrimination
- Pauni (2025): uniform sick-leave caps are permitted only where they do not go beyond what is necessary, and the employer still provides reasonable accommodation
Common examples are flexible hours or adapted equipment.
What HR teams typically do
- Audit recruitment: job ads, interview questions, and selection criteria free from discrimination or bias on all four grounds
- Document accommodation decisions: record every request, the options considered, the decision, and the reasoning
- Review working-time policies; neutral scheduling or flexibility rules may indirectly discriminate, as in Bervidi
- Track the Pay Transparency Directive
Companies that carry out a plan to become an equal opportunity employer typically address many of these steps.
Disclaimer:
This article informs. It does not advise on the law. EU member states apply this directive differently. Check what your country requires.
TL;DR
- The directive bans workplace discrimination on religion, disability, age, and sexual orientation across the full employment lifecycle.
- Employers must provide reasonable accommodation for disability, including considering reassignment before dismissal.
- Recent CJEU rulings extend protection to carers of disabled employees (Bervidi) and require reasonable accommodation even where uniform sick-leave caps exist (Pauni).