Bid to expand plan to fight discrimination

Date: 28/09/00

THE European Parliament is set to approve plans for EU-wide legislation outlawing workplace discrimination on grounds of sex, race, age, religion or disability - and shifting the burden of proof towards employers.

But MEPs are expected to call for the proposals to be expanded to include unpaid and voluntary work and for exemptions to be made to protect religious groups, when they endorse the plans next week.

The proposed rules follow similar legislation, approved in June, which introduced across-the-board bans on racism. The new plans cover a much wider range of discrimination but, unlike the anti-racism laws, are restricted to the world of work.

Like the racism laws, the new proposals will spark fierce protests from business because they would put the onus on employers to prove they were not guilty of discrimination once workers had provided evidence to suggest that there was a case to answer. This would force companies to keep detailed files on all employees so that they could prove, for example, that dismissing a worker was objectively justified.

Euro MPs argue that it is necessary to place the burden of proof on the employers to encourage minorities to come forward with complaints.

"Minorities are reluctant to take action against routine discrimination," said German centre-right MEP Thomas Mann, the Parliament's rapporteur on the issue. "This is especially true if their own unfortunate experience leads them to fear that they will not be believed in courts presided over by judges who do not belong to a minority."

MEPs are also likely to argue that exemptions for certain religious groups should be widened so that, for example, organisations providing social and health care would still be able to reserve jobs for believers.

The proposals are also due to be discussed by social affairs ministers next month.

The European Parliament is set to approve plans for EU-wide legislation outlawing workplace discrimination on grounds of sex, race, age, religion or disability, and shifting the burden of proof towards employers.