“Employment” Directive (2000/78/EC): list of Member States to which a reasoned opinion or letter of formal notice will be sent

Source: European Commission (EC) i, published on Thursday, January 31 2008.

Reasoned opinion

Estonia

No ban on discrimination as regards civil servants, self-employment, and membership of or participation in a professional organisation

The definition of harassment only covers hierarchical relationships

Exceptions to the ban on discrimination based on occupational requirements too broad

No obligation to make reasonable accommodation for disabled employees

No justification for certain age differences in the public service

Incorrect definition of the provision on the shift of the burden of proof

No protection against victimisation

France

Incorrect definitions of direct and indirect discrimination and harassment

Restrictive definition of instructions to discriminate

No ban on discrimination in access to self-employment or with regard to professional organisations

Limitation of the right of interested bodies (especially associations) to appear in court to defend victims of discrimination

Inadequate penalties for forms of victimisation other than dismissal

Finland

The exception for occupational requirements is broader than authorised by the Directive

The ban on discrimination on grounds of sexual orientation is not guaranteed for public service workers

Greece

Incorrect definition of harassment

Exclusion of fire services from the legislation transposing the Directive

Hungary

Incorrect definition of indirect discrimination

No ban on discrimination relating to membership of or participation in an employers' or self-employed workers' organisation

The obligation to make reasonable accommodation for disabled employees is too restricted

Incorrect definition of the obligation concerning the shift of the burden of proof

Ireland

Incorrect definition of indirect discrimination

Discrimination based on beliefs is not prohibited

Exclusion of protection against discrimination for certain "private" types of employment

Interested bodies do not have the right to participate in legal proceedings on behalf of victims of discrimination

Limit to damages payable to victims of discrimination

The exception from the ban on discrimination on grounds of religion is too broad

Malta

The ban on discrimination does not cover access to self-employment or occupation

Protection against victimisation in the public sector does not cover discrimination on grounds of age or sexual orientation

Netherlands

Incorrect definitions of direct and indirect discrimination

The ban on discrimination does not apply to "personal services"

The exceptions for employment in a church or religious association are broader than authorised by the Directive

Sweden

No transposition relating to age discrimination

Limited protection against harassment

The exceptions to the principle of equality in higher education are too broad

Limitation of NGOs' right to participate in legal proceedings to defend victims of discrimination

Limited damages payable in the event of discriminatory dismissal

Czech Republic

No definitions of the various types of discrimination

The physical scope of the discrimination ban is limited compared with the Directives

No ban on discrimination on grounds of disability, but on grounds of state of health, which does not necessarily cover all disabled workers

Letter of formal notice

Germany

The Anti-Discrimination Act does not cover dismissal

Deadline for lodging a complaint too short (2 months)

Limitation of NGOs' right to participate in legal proceedings to defend victims of discrimination

The obligation to make reasonable accommodation applies only to severely disabled employees

The exception to the ban on age discrimination does not contain any of the conditions required by the Directive

Complementary letters of formal notice

Latvia

Definition of discrimination too restrictive

Exceptions to the ban on age discrimination too broad

Lithuania

Exception to the ban on age discrimination too