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European Equality Law Network

European network of legal experts in gender and non-discrimination

Legal developments

Supreme Court did not find discrimination in its decision concerning a claim of sexual harassment and mobbing at the Charles University

1. Definition of disability.

2. Obligation to establish reasonable accommodation for persons with disabilities.

3. Whether a national provision entitling a dismissal with a shorter notice period because of sickness related absence is in conflict the Directive 2000/78.

The burden is on the employer to prove that reasonable accommodation imposes a disproportionate burden

A doctor’s view on the duration of an illness is very important when establishing whether an illness constitutes a disability

Date: 4 August 2015. Topics

Change of employment conditions by the employer constitutes a dismissal. The burden of proof with regard to reasonable accommodation is on the employer.

Date: 4 August 2015. Topics

Job assessment for appointing temporary policy inspectors biased towards males

Date: 4 August 2015. Topics

On 9 March 2015, the Labour Tribunal of Mons and Charleroi ruled that the lay-off of an employee suffering from multiple sclerosis constituted direct discrimination and violated the obligation of reasonable accommodation. It convicted the defendant to pay 17.319,48 euro compensation for damages corresponding to six months’ salary.

On 18 May 2015, the Labour Tribunal of Brussels ruled that the prohibition to wear the headscarf at work did not constitute discrimination on the ground of religion or belief. The Labour Tribunal referred to previous similar decisions of the Labour Courts of Appeal of Brussels and Antwerp.

Amendment of Criminal Code concerning abortion

On 17 March 2015, the Labour Tribunal of Antwerp ruled that an employer who sent offensive emails on the religion of his employee did not discriminate against him. According to the Tribunal, the applicant failed to prove that he had been treated differently from the other employees because of the offensive emails.

Extension of the entitlement of fathers to child birth related leaves; In the case of self-employed persons changing  the the prerequisites to receive chid related benefits

Gender discrimination in access to promotion

Date: 4 August 2015. Topics

Ombudsman concludes that municipal decrees aiming to drive indigent families (most of them Roma) out of the city or to prevent them from moving in are discriminative. Other serious violations are also discovered in relation to the practice of social housing in Miskolc. 

Draft regulation on sex-disaggregated data collected by employers

Changing the provisions on reconciliation of work and family life

Discrimination against Roma in an Example of Legal Opinion in Criminal law

Conclusions on the implementation of the Recommendations in Respect of Italy subject to Interim Follow-up

Date: 4 August 2015. Topics

Report assesses how Scandinavian countries treat migrants from Romania (Roma), and their consequences

Discrimination at school for several acts of direct discrimination and harassment

Date: 27 July 2015. Topics

Extend the protection against discrimination to anti-poor exclusion

Date: 27 July 2015. Topics

Enforce the many decision of the Conseil d’Etat and the UN Human rights Committee declaring the legal regime applicable to Traveller

Creation of a class action specific to anti-discrimination legal actions

Date: 27 July 2015. Topics

Scope of the obligation of neutrality and applicability towards mothers on school field trips

Supreme Court precedent on the interpretation on Penal Code provisions on employment discrimination

Equality body Annual report for 2014

Date: 27 July 2015. Topics

Political aim to split the various functions of the national equality body into separate bodies

Date: 27 July 2015. Topics

An Act to regulate the compulsory addition of one member with Disability to various entities which are governed by Maltese Law

On 24 March 2015, the Slovak ombudswoman presented her annual report to the Parliament, touching upon some aspects of discrimination of Roma children in education, and upon barriers the elderly face when wanting to access social services. The ombudswoman also reiterated her concerns connected to the underfunding of the ombudsperson’s office.

The Parliament appoints the new Equal Opportunities Ombudsperson more than 2 years after the mandate of the previous one expired

The municipality of Rome has been condemned for the discriminatory housing policy of Roma camp named “La Barbuta”

Date: 27 July 2015. Topics

Promotion of acceptance of a minority group’s culture and traditional way of life

Committee on the Rights of Persons with Disabilities published its Concluding observations on the initial report of Croatia

Date: 27 July 2015. Topics

Discrimination in the field of access to goods and services

Discriminatory treatment regarding the availability of a person to be employed in a job found by the competent

CPAD found no segregation of Roma children in education

Annual report of the CSO network against discrimination

Court of first instance found lack of reasonable accommodation of infrastructure to constitute discrimination

Annual Reports of the Two National Human Rights Institutions Published

Persons with intellectual or psychosocial disabilities are required to waive their legal capacity in order to claim welfare benefits

Date: 27 July 2015. Topics

Consequences of the Leone Judgment

Go to the website of Human European Consultancy
Go to the website of Utrecht University
Go to the website of the Migration Policy Group

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