TITLE II: REMEDIES AND ENFORCEMENT
Defence of rights
1. Member States shall ensure that judicial and/or
administrative procedures for the enforcement of obligations under
this Directive are available to all persons who consider themselves
wronged by failure to apply the principle of equal treatment to
them, even after the employment relationship has ended.
2. Member States shall ensure that associations,
organisations or other legal entities may pursue any judicial
and/or administrative procedure provided for the enforcement of
obligations under this Directive on behalf of the complainant
with his or her approval.
Burden of Proof
1. Member States shall take such measures as are
necessary, in accordance with their national judicial systems,
to ensure that, when persons who consider themselves wronged because
the principle of equal treatment has not been applied to them
establish, before a court or other competent authority, facts
from which it may be presumed that there has been direct or indirect
discrimination, it shall be for the respondent to prove that there
has been no breach of the principle of equal treatment.
2. Paragraph 1 shall not prevent Member States from
introducing rules of evidence which are more favourable to plaintiffs.
3. Paragraph 1 shall not apply to criminal procedures,
unless otherwise provided by the Member States.
4. This Article shall apply to any legal proceedings
pursued in accordance with paragraph 2 of Article 8.
Member States shall introduce into their national
legal systems such measures as are necessary to protect employees
against dismissal or other adverse treatment by the employer as
a reaction to a complaint within the undertaking or to any legal
proceedings aimed at enforcing compliance with the principle of
Dissemination of information
1. Member States shall ensure that adequate information
on the provisions adopted pursuant to this Directive is provided
to vocational training and educational bodies and is adequately
disseminated within the workplace.
2. Member States shall ensure that competent public
authorities are informed by appropriate means as regards all national
measures taken pursuant to this Directive.
1. Member States shall take adequate measures to
promote the social dialogue between the two sides of industry
with a view to fostering the principle of equal treatment, through
the monitoring of workplace practices, collective agreements,
codes of conduct, research or exchange of experiences and good
2. Member States shall encourage the two sides of
the industry to conclude, at the appropriate level, including
at undertaking level, agreements laying down anti-discrimination
rules in the fields referred to in Article 3 which fall within
the scope of collective bargaining. These agreements shall respect
this Directive and the relevant national implementing measures.