European Anti-Discrimination Council

WHAT DOES THIS MEAN FOR EMPLOYERS

The new rules apply to all private and public sector employers. The Directive also covers conditions for access to self employment (such as the conditions applying to the practice of certain trades or professions). All employers will need to review their employment practices to make sure that they are not discriminating directly or indirectly for example in recruitment procedures, selection criteria, pay and promotions, dismissals or access to vocational training. The new anti discrimination rules apply to all stages of the employment contract from recruitment through to termination.

Employers will have a duty of "reasonable accommodation" in respect of candidates or employees with a disability. Employers are required to take appropriate measures to enable a person with a disability to have access to employment and training unless doing so would impose a disproportionate burden on the employer. "Reasonable accommodation" may include, for example, providing wheelchair access, adjusting working hours, adapting office equipment or simply redistributing tasks between members of a team. To determine the disproportionate burden, account should be taken in particular of the financial and other costs entailed, the scale and financial resources of the rganisation and the possibility of obtaining public funding or any other assistance.Evidence is beginning to emerge in the European Union that good employers are taking an interest in diversity for business reasons, rather than simply to comply with legal requirements. There are many benefits to businesses of having workforce diversity policies. They can form part of companies' broader strategy to build up human capital and encourage creativity and innovation. Diversity can give companies a "cutting edge" in their dealings with customers, suppliers, shareholders and other stakeholders in today's multicultural and globalised markets.

A commitment to diversity can also enhance a company's reputation and corporate image. "Discrimination-proofing" can help companies to avoid the costs of litigation, high labour turnover and absenteeism. It can also provide employers with access to non-traditional labour pools and help them to attract and retain high quality employees.