Going Beyond the Law: promoting equality in employment

The first version of this document, published in 2005, explored the extent to which that promise had been realised. The current edition, significantly revised and updated, looks at the state of transposition of the EU Directive, discusses its limitations and weaknesses in ensuring equality of LGB people in the employment, as well as the experience of LGB people of the legislation.

The introduction in 2000 of the EU Directive prohibiting discrimination in the workplace on the basis of sexual orientation represented an unexpected and much welcomed advance in the progress toward real equality for lesbian, gay and bisexual (LGB) people. The legislation offered the possibility of a transformation in the working life of lesbians, gays and bisexuals. No longer did they need to hide their sexual orientation for fear of harassment or discrimination. Such freedom would enable them to participate fully and openly and thus enjoy better social and professional relationships with their colleagues. Because of the new environment, they would better realise their career potential and bring home concrete benefits for their partners. Such was the promise.

The first version of this document, published in 2005, explored the extent to which that promise had been realised. The current edition, significantly revised and updated, looks at the state of transposition of the EU Directive, discusses its limitations and weaknesses in ensuring equality of LGB people in the employment, as well as the experience of LGB people of the legislation.

An important position taken in the discussions is that legislation is not enough. If equality for lesbians, gays and bisexuals is to become a reality in the workplace, then reacting to inequality is not going to do it. The focus has to be on measures and initiatives that actively promote equality. Employers and trade unions have a central and unique role to play in this respect. Therefore, relying on the testimonials of lesbians, gays and bisexuals with first hand experience, as well as the good practice available, the document points to practical steps that employers and trade unions can be taken to help realise the promise of equality in the workplace.

See also

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ILGA-Europe welcomes judgement from the Court of Justice of the European Union saying that a homophobic statement on an Italian radio show constituted discrimination in employment

In a judgement delivered on 23 April 2020, the European Court of Justice (CJEU) held that statements made by a lawyer during a radio programme, saying he would never recruit a “homosexual” or wish to use the services of such persons, fall within the material scope of EU Directive 2000/78 (‘the anti-discrimination directive’).
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Voices of ILGA-Europe: Meet Italian legal eagle, Emiliano Ganzarolli

The Court of Justice of the European Union has just made a landmark decision, saying that a lawyer who declared that he would never hire a “homosexual” person in his law firm was discriminating under an EU employment directive. Meet activist Emiliano Ganzarolli, from the powerhouse group of LGBT lawyers who took the case.
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ILGA-Europe’s response to the EC’s request for input regarding the implementation of Article 9 of Council Directive 2000/78/EC

This submission, collated by ILGA-Europe, includes various concerns regarding the implementation of Article 9 of Council Directive 2000/78/EC of 27 November 2000 establishing a general […]
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Report on gender discrimination in employment and access to goods and services

This joint ILGA-Europe and Transgender Europe contribution is being submitted to the European Commission in view of the review of the implementation of Dir 2004/113/EC […]
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Report

Going Beyond the Law

ILGA-Europe’s report examines the implementation of the 2000 EU employment equality directive and identifies further needed action to achieve greater equality for LGB people in […]
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