Initiative to reduce sex discrimination at work

Date: 18/07/1996

By Michael Mann

THE European Commission is set to launch a major offensive to combat discrimination in the workplace.

But the impact of three major initiatives is likely to be reduced by the limits on EU competence in this field.

Social Affairs Commissioner Pádraig Flynn will next week tell member states and the social partners that they have made little progress in reducing sexual harassment in the workplace, despite the adoption in 1991 of a recommendation on “the protection of the dignity of women and men at work”.

Drawing on evidence in a new report on measures taken in member states since then, the Commission will ask employers and unions to suggest ways of raising awareness and ensuring an improvement in laws and collective agreements to stamp out the problem.

“Our major conclusion is that the recommendation has not led to big enough improvements in the vast majority of member states, either in the form of legal remedies or practical initiatives,” said a Commission official.

The report picks out the Netherlands as the outstanding performer, having made progress on all three levels identified in 1991 - the spread of information, introduction of legislation and improvements in collective agreements.

Belgium is also praised for recent changes in its domestic legislation.

On the other side of the fence are Luxembourg and Greece, which the Commission says have taken no action at all since its recommendation was published.

But officials at the European employers' federation UNICE doubt whether it is appropriate to follow up the 1991 measures on a European level.

“It is an issue that is best dealt with in the workplace. In Belgium, there is a contact person in every firm in case of trouble and that is the standard approach. EU action is useful if it helps to raise awareness,” said one.

In an attempt to reduce glaring pay differentials between people doing similar work, the Commission has also prepared a code of practice on equal

pay for work of equal value, which aims to provide practical guidance to ensure wage differentials do not result from either direct or indirect sexual discrimination.

More problematic are attempts to judge the relative value of 'typically female' work compared to that traditionally carried out by men.

“Should a nurse receive the same pay as a fire officer and a home help the same as a rubbish collector?” the Commission asked in a draft paper distributed to interested parties late last year.

The Commission is conscious that part-time workers are often relatively low paid compared with those in full-time employment and that the part-time sector comprises a higher proportion of women. Similarly, female workers often receive inferior benefit cover to that enjoyed by men.

“We are providing a model for action, which companies can choose to apply,” stressed a Commission official.

While it comes as no surprise that UNICE has “very strong reservations” about the code of practice, even the European Trade Union Confederation (ETUC) has expressed doubts, pointing out there is a severe lack of accurate statistical data on which to base the paper and maintaining that it is impossible to deal with questions of public sector pay with a non-binding code of practice.

In the third part of its drive to improve shop-floor equality, the Commission yesterday (17 July) adopted proposals for a directive aimed at making it easier for workers to win sex discrimination cases against their employers.

The new directive would require plaintiffs and defendants to share the burden of proof in court cases, rather than putting the responsibility on employees. The proposal also includes a definition of 'indirect discrimination'.

Falling under the Social Protocol, the directive must be voted on by qualified majority, excluding the UK.