Anti-racism deal likely despite protests

Date: 01/06/2000

By John Shelley

THE Portuguese presidency is optimistic that EU social affairs ministers will reach agreement on proposals for radical new anti-racism legislation next week, despite howls of protest from employers' federations.

European business leaders have complained bitterly about the plan to shift the burden of proof from the accuser to the accused and say the proposals would impose huge additional costs on companies. But diplomats say there is a "general political will" to approve the plan. "There are still some issues on a number of more or less technical points to be resolved but I think they will be sorted out in time," said one.

The proposed directive drawn up by Social Affairs Commissioner Anna Diamantopoulou is part of a two-pronged anti-discrimination package aimed at laying down common definitions of discrimination as well as minimum common rights of redress.

The second proposal focuses only on inequality in the work place, but tackles discrimination on a whole range of grounds from sex and age to religion, belief and disability.

Diplomats have not been working to get this part of the package ready for ministerial approval this month because the European Parliament has not yet given its opinion on it. But they say that if political agreement is reached on the first set of proposals at next Tuesday's (6 June) meeting, it will be relatively easy to clinch a deal on the second later this year because both draft directives are similar.

Employers' organisation UNICE has objected strongly to both parts of the package, arguing that they could threaten the viability of some businesses. Both would see the burden of proof in discrimination hearings shifted from employees towards employers. Once someone complaining of alleged discrimination had proved there was a case to answer, it would be up to the accused to prove their innocence rather than the alleged victim to prove guilt.

Critics, including some MEPs, have objected to abandoning the principle of 'innocent until proven guilty'. UNICE also argues that the proposed legislation would place an enormous administrative burden on employers, who would be forced to hoard paperwork in case anyone ever accused them of discrimination. "In the end we might end up with a situation where people have to employ lawyers in the recruitment process, simply to cover their backs," said a spokeswoman.

UNICE says it is in favour of anti-discrimination measures, but argues that the proposed rules are too broad-brush, particularly the planned directive on discrimination in the work place. The organisation claims it makes no sense to have one law for all types of discrimination - treating discrimination on grounds of racism or disability, which involves a minority group, in the same way as ageism, which could affect anyone.

The Portuguese Presidency is optimistic that EU social affairs ministers will reach agreement on proposals for radical new anti-racism legislation, despite howls of protest from employers' federations.