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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.