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Employment equality rules: reasoned opinion to Poland; case closed for Hungary

28/01/2010 Employment equality rules: reasoned opinion to Poland; case closed for Hungary

The European Commission has on 28 January 2010 sent a reasoned opinion to Poland for incorrectly implementing EU rules prohibiting discrimination based on religion or belief, disability, age or sexual orientation in employment and occupation (Directive 2000/78/EC, see also MEMO/08/69).

It has also decided to close infringement proceedings concerning the same Directive against Hungary as its national legislation has been brought into line with EU requirements.

In the reasoned opinion sent to Poland, the Commission pointed out that:

  • the prohibition of harassment in Polish legislation does not extend to all categories of trainees;
  • regulations on access to certain professions do not contain specific provisions prohibiting discrimination on grounds of religion or belief, disability, age or sexual orientation;
  • the obligation of employers to provide reasonable accommodation to disabled workers does not cover job applicants and trainees;
  • the law that regulates the conditions of vocational training does not include appropriate definitions of direct and indirect discrimination and instruction to discriminate.

The Commission has also decided to close the infringement proceeding against Hungary. The amendments of 2006 and 2009 to the Hungarian Equal Treatment Law, as well as the changes introduced in 2007 to the Act on Disabled Persons' Rights and Equal Opportunities, brought the Hungarian legislation into line with the Directive.

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