Deriving business benefit from workplace diversity'

1
Deriving business benefit from workplace
diversity.

• Presentation by
• Patricia Prendiville.
• Executive Director
• ILGA-Europe.

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ILGA-EUROPE

• ILGA-Europe is a European NGO with over 200
  national and local lesbian gay, bisexual and
  transgender (LGBT) member organisations in 40
  European countries.
• ILGA-Europe fights for human rights and against
  sexual orientation and gender identity
  discrimination at European level.

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ILGA-Europe contd.

• Key objective is to work towards an equal and
  inclusive Europe which respects fundamental
  rights as the basis of democracy and ensures that
  everyone can live in equality and free from any
  kind of discrimination.

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Framework Directive

• November 2000 adoption of the Framework Directive
  on Equal Treatment in Employment and Occupation.
• Enforced from December 2003.
• Transposition to national legislations in old
  member states variable in terms of time frame,
  conditions and applicability
• New member states and accession conditions

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Transposition of the Directive

• Independent European Groups of Experts on
  Combating Sexual Orientation Discrimination.
• Reporting on legislation in fifteen EU member
  states about the implementation of the framework
  for equal treatment directive.
• www.emmeijers.nl/experts

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Transposition contd.

• 13 member states have transposed the legislation
  in various forms.
• Five countries have been referred to the court by
  commission Austria, Finland, Greece, Germany
  and Luxembourg
• Reaching minimum standards
• Covering all elements

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Whats not allowed?

• Direct and indirect discrimination or
• Harassment in the areas of
• Recruitment
• Vocational Guidance
• Training
• Work conditions
• Access to Employment

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More on Discrimination

• Discrimination of any of the following kinds
• Actual or assumed preference or behaviour
• Naming or keeping confidential sexual orientation
• Partnership benefits
• Cohabitants/spouses/registered partnerships
• Association with lgbt people, organisations,
  events

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Contd.

• Answering or refusing to answer a question on
  sexual orientation
• Criminal record
• Occupational requirements

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Exceptions

• Public security
• Protection of the rights of others
• Occupational requirement
• Ethos based on religion or belief
• Positive action

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Sanctions

• Nullity or voidability of dismissal, contracts or
  clauses
• Re-instatement
• Fines
• Exclusion from public procurement contracts
• Binding or non-binding opinions of specialised
  enforcement body
• Judicial order to structurally change recruitment
  procedures, to reinstate a discriminatorily
  dismissed employee

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Challenges and Gaps

• Whats not covered
• Legislation and practice
• Social Attitudes
• Employment and Economic conditions
• Perspective on equality as a cost
• Complexity of legislation and peoples lives

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Multiple Discrimination

• People are not simply their sexual orientation
• How to generate good employment practice and
  legislation that encourages a broader focus on
  equality and non-discrimination and not simply
  groups of people we must be careful about

14
Social Inclusion

• Facilitating people in employment
• Access to resources and rights to goods and
  services
• Prevention of exclusion
• Focus on most vulnerable young and old
• Mobilisation of relevant bodies

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Freedom of Movement

• Rights of workers
• Rights of partners
• Legislation and recognition
• Law and practice

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Mutual Recognition

• Legal step forward

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Some Examples of Cases

• Sweden in 5 years 60 complaints
• Ireland 4 years 15 complaints and 17 cases
• Netherlands 9 years and 29 complaints and 18
  queries in one sample year.
• Hungary University Expulsion
• Ireland Hotel Employee - Harassment
• Sweden Dismissal

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• UK Prison officers alleged harassment
  accepted as false. Six figure sum to 9 women
• UK Business Manager harassment. Undisclosed
  amount

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Consequences

• Fines
• Compensation
• Negative publicity
• Negative impact on organisational culture
• Negative reflection of employment policies
• Organisational time, money and deflection
• Boycotting
• Subsequent forced change of policy and practice

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Way forward

• Legislation EU and National Levels
• National Implementation
• Social Partners
• Organisational Equality Testing and Proofing
• Development of Best Practice
• Equality Awards Best Employer
• Monitoring and Reviewing

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Concluding comments

• Thank you very much for your interest
• Your future work
• Ways of co-operating with lgbt organisations,
  with social partners
• ILGA-Europe -Contacts for national specialist
  bodies