Times: Non-discriminatory recruitment policies

http://www.timesofmalta.com/articles/view/20131114/business-comment/Non-discriminatory-recruitment-policies.494652#.UpDck9KsiSo
Thursday, November 14, 2013, 00:01 by Mariosa Vella Cardona

It is up to employers to prove that there has been no breach of the equal treatment principle enshrined in both EU and national law when they are faced with facts from which discrimination can be presumed, the Court of Justice of the European Union has recently ascertained.

The EU’s directive on equal treatment in employment and occupation lays down a general framework for eradicating any discrimination on the basis of religion or belief, disability, age or sexual orientation. Discrimination on the basis of sexual orientation occurs whenever unwanted conduct related to sexual orientation takes place with the objective or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. EU law provides that, where the plaintiff comes up with facts from which it may be presumed that there has been discrimination, the burden of proof then shifts on to the defendant who has to prove that, notwithstanding the appearance of discrimination, the principle of equal treatment was not breached.