PURPOSE : to extend the
principle of equal treatment for men and women as regards access to
employment, vocational training and promotion, and working conditions
LEGISLATIVE ACT: Directive
2002/73/EC of the European Parliament and of the Council amending Council
Directive 76/207/EEC on the implementation of the principle of equal
treatment for men and women as regards access to employment, vocational
training and promotion, and working conditions.
CONTENT: the Directive
prohibits all discrimination on grounds of sex either directly or indirectly
by reference in particular to marital or family status.
The main features of the
Directive are as follows:
- Harassment and sexual
harassment within the meaning of this Directive shall be deemed to be
discrimination on the grounds of sex and therefore prohibited. The
definition of harassment that was adopted finally was ‘where an unwanted
conduct related to the sex of a person occurs with the purpose or effect
of violating the dignity of a person, and of creating an intimidating,
hostile, degrading, humiliating or offensive environment’;
- Definitions of direct and
indirect discrimination, corresponding to those in already existing law
concerning the combat against discrimination adopted in the framework of
Art 13 of the Amsterdam Treaty;
- New provisions concerning the
application of the law and the elimination of any ceilings relating to
compensation;
- A new responsibility for
Member States, who would be required to set in place agencies with
specific powers to promote equal opportunities;
- Employerw would take
‘preventive measures’ against harassment and sexual harassment in the
workplace, as well as introduce company equal opportunities plans which
should be made available to workers;
- Greater employment security
for young parents – men and women – requiring time off to look after young
children.
ENTRY INTO FORCE: 05/10/2002.
TRANSPOSITION: 05/10/2005.